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All Journal LAW REFORM Diponegoro Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Lex Scientia Law Review
Kholis Roisah
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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Patenting Deal in Indonesia, Article 20 of The Patent Law in The Political Perspective of International Trade Law Mahoro Jean Claude Geofrey; Kholis Roisah
LAW REFORM Vol 16, No 1 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (113.519 KB) | DOI: 10.14710/lr.v16i1.30302

Abstract

The research at hand analyses the legal foundation of Article 20 of the Indonesian Patent Law No 13 of 2016. It assesses its conformity with the WTO Agreements known as the Uruguay Round, specifically the TRIPS Agreement. Those agreements have a character of ‘hard law,’ which compels all the WTO Members to be bound by them. Patent law and other Intellectual Property Rights (IPRs), any WTO Member must implement the minimum standards stipulated under the TRIPS Agreement in its national legal system without discrimination. In this light, Indonesia, as a WTO member since 1994, must comply with all WTO Agreements,. Therefor, it made various law reforms in the protection of IPRs. However, the Patent Law raised a debate that it contradicts the principles of international trade law as it embodies a discriminatory provision that only safeguards the people of Indonesia. As a result, the present found that, based on limited exceptions stipulated in the TRIPS and the Paris Convention, Indonesia did not violate the TRIPS as it applied a given leeway for implementing the TRIPS Agreement in a domestic context. Thus, it had reasonable grounds to secure its nationals’ mutual interest without violating general provisions and principles stipulated in the WTO Agreements.
Legal Protection for Traditional Medicine Knowledge of Paliasa Leaves in Traditional Community of South Sulawesi Through Intellectual Property Regime Muhammad Tizar Adhiyatma; Kholis Roisah
LAW REFORM Vol 16, No 2 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (136.329 KB) | DOI: 10.14710/lr.v16i2.33782

Abstract

Traditional knowledge as a work which is communal property and has opposition characteristics to the legal regime of Intellectual Property rights. Thus, imposing for a regime of intellectual property used as a system to protect traditional knowledge would only cause anomalies in Indonesian society itself and the existing legal regime of Intellectual Property rights in Indonesia is not yet capable of protecting traditional knowledge, especially that associated with genetic resources. The existence of local wisdom of communities in South Sulawesi to genetic resources is to use Paliasa (Kleinhovia Hospita Linn.) leaf as a medicinal plant which are well documented in ancient texts “lontarak pabbura” and organized by Ammatoa as Kajang indigenous leaders. Therefore, it needs a protection model to protect traditional knowledge and their genetic resources associated with traditional knowledge through a sui generis system as positive protection and defensive protection models in order to provide comprehensive protection against traditional knowledge belonging to the Indonesian people.
EMPOWERING CULTURAL COMMUNITIES IN PROTECTING TRADITIONAL EXPRESSIONS: LEGAL CHALLENGES IN THE DIGITAL AGE Kholis Roisah; Rahayu Rahayu; Moh. Asadullah Hasan Al Asy'arie; Elena Mitskaya; Bryan Fayyadh Haq Wahyudi
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.134-156

Abstract

Protecting Traditional Cultural Expressions (TCEs) is essential for safeguarding national identity and the values of communities that inherit and transmit cultural knowledge. This doctrinal study, grounded in comprehensive literature analysis, examines Indonesia’s regulatory framework and the practical challenges of TCEs protection. Research demonstrates that the limited positive influence on cultural holder communities' welfare stems from a noticeable dearth of clear technical policies outlining the institutions and systems for equitable benefit-sharing. The protection afforded to traditional cultural expressions (TCEs) is inherently twofold: it substantiates the importance of cultural diversity, spirituality, and religious practice while also functioning as an essential tool to preclude cultural plagiarism and inappropriate exploitation. The custodial  communities remain essential bearing the primary responsibility for maintaining, revitalizing, and transmitting local knowledge, artistic forms, and ritual practices. Concurrently, the digital era amplifies risks of misuse; specifically, the ease of digitization and rapid dissemination increase vulnerability to unauthorized appropriation and misrepresentation. To confront these risks, a combined approach is required, including positive and defensive measures within intellectual property regimes—such as tailored sui generis protections—alongside complementary policy instruments that emphasize community rights. Indonesia's legislative efforts, including the 2014 Copyright Law and the 2022 Government Regulation on Communal Intellectual Property (KIK), are compromised by major implementation deficits that undermine effective practical enforcement. The core argument here is for clearer, highly specific legal tools and stronger institutional arrangements that actively facilitate benefit-sharing and protect community interests. Ultimately, the study calls for a cohesive strategy that integrates protection with cultural-based economic growth and community empowerment to guarantee sustainable, intergenerational outcomes that preserve heritage while simultaneously lifting local welfare.
Measurable Fishing as An Attempt of Preventing Overfishing Phenomenon in Indonesian Waters Kholis Roisah; Rahayu Rahayu; Peni Susetyorini; Arnanda Yusliwidaka; Saidatul Nadia Abd Aziz
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.2054

Abstract

This research focuses on analyzing the effectiveness of the provision about the measurable fishing as specified in the Government Regulation Number 11 of 2023 as an attempt of preventing overfishing and maintaining the sustainability of biodiversity in Indonesian waters and sea territory. This study is a normative research with statute approach. The data used was secondary one consisting of primary legal, secondary legal, and non-legal materials. Overfishing phenomenon is a serious problem endangering ocean resource and environment. Some countries have reported the overfishing problems damaging the sea ecosystem. Indonesia is one of countries predictably encountering overfishing phenomenon, particularly in northern Java water territory. The indicators of overfishing phenomenon are smaller size of fish and fewer fish caught requiring the fishermen to go farther to catch fish. The fact of overfishing leads to a policy about zone-based measurable fishing and catching quota. This policy can cease overfishing phenomenon because it can control and monitor fish catch, and thereby makes resource and environment better in water or sea territory. Considering the conclusion of research, the concept of measurable fishing formulated by Indonesia is based on zone and quota. Zone base prioritize equal share for the fishermen, promotes economic growth, and determines the capacity of catch allowed for a certain species, while quota base focuses on the limitation of fish catching level based on the potency of fish caught that can control the fishing rate according to the fish resource.
Legal Protection for Consumers Receiving Defective Products in Online Transactions Sageta Purnaningrum; Kholis Roisah
Jurnal Pembangunan Hukum Indonesia Vol 7, No 2 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.94-108

Abstract

Legal protection for consumers receiving defective products in online transactions is critically needed due to the surge in e‑commerce, which has led to increased consumer complaints particularly regarding product quality and authenticity. Consumers often face urgency when encountering unclear seller identities and inadequate product information, resulting in financial losses from receiving defective goods. This situation underscores the necessity of legal accountability for producers and sellers and highlights the need for a robust framework to address consumer disputes effectively.This study aims to deepen understanding of consumer rights and seller obligations in digital marketplaces. Employing a normative legal research method, it analyzes relevant consumer protection legislation. The findings indicate that consumers have access to dispute resolution through the Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen – BPSK). To strengthen legal protection in online transactions, enhanced oversight of business actors and public awareness‑raising regarding consumer rights are essential. Clear regulations and effective dispute‑resolution mechanisms will better safeguard consumers against unfair commercial practices.
Co-Authors Arnanda Yusliwidaka Bryan Fayyadh Haq Wahyudi Elena Mitskaya Mahoro Jean Claude Geofrey Moh. Asadullah Hasan Al Asy'arie Muhammad Tizar Adhiyatma Peni Susetyorini Rahayu Rahayu Sageta Purnaningrum Saidatul Nadia Abd Aziz