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THE LEGAL PROBLEMS OF TRADITIONAL CULTURAL EXPRESSIONS AS INTELLECTUAL PROPERTY WITH COMMUNAL OWNERSHIP Muryanto, Yudho Taruno; Kharisma, Dona Budi; Assidiqi, Imam Dzaki Hidayad
Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i1.32154

Abstract

This legal research aims to analyze arrangements regarding communal legal protection of traditional cultural expressions based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property, and it also seeks to identify legal problems in the practice of protecting Communal Intellectual Property in Indonesia where various cases of unilateral claims against the inheritance of Traditional Cultural Expressions by other countries, such as Malaysia's claim for Pendet Dance, Wayang Art, and Reog; Germany’s claim for Distinctive Ornamental Frame from Jepara; and China’s claim for Batik Pesisir’s motif. There find legal problems. First, the intellectual property legal protection regime in Indonesia is still individualistic. Second, Insufficient communal intellectual property legal instruments. Last, a low legal culture in Indonesian society. Based on these findings, that the government need to amendment the protection of Traditional Cultural Expressions of Communal Intellectual Property through substance reform in Act No. 28 of 2014 about Copyright and develop one database of Communal Intelectual Property.
STANDARD AND CONFORMITY: THE PERSPECTIVE STRATEGIES OF THE LOCAL GOVERNMENT’S ROLES IN THE INDUSTRY COMPETITIVENESS Kharisma, Dona Budi; Imanullah, Najib; ., Pranoto
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12484

Abstract

The Agreement on the Technical Barriers to Trade (TBT Agreement) WTO and The ASEAN Economic Community (AEC) The Blueprint envisions the transformation of the WTO and ASEAN region through the facilitation of the free flow of goods and services. With tariffs declining to near-zero levels, non-tariff barriers are increasingly focused on coordination by member-countries. However, the quality of goods / services becomes a central issue that determines the market entry. Therefore, TBT agreement and AEC Blueprint require fulfillment of Standards and Conformity Assessment to guarantee the quality of goods or services. On the one hand, the low level of compliance of business actors in applying SNI (Indonesian National Standards) represents of the low level of Indonesian industry competitiveness in international level. Thus, specific government’s policies are required, one of which is that dealing with the strategic roles of local government to support products manufactured by national industries to break through global markets. Some strategies for strengthening local policies in national standardization include: (a) constructing local regulations governing Standards and Conformity assessment; (b) implementing mandatory SNI to leading local products; (c) Strengthening mutual cooperation between local government and related stakeholders.
DEMOGRAPHY-BASED DEVELOPMENT: THE CHALLENGES OF CIVIL REGISTRATION TO REDUCE POVERTY IN INDONESIA Kharisma, Dona Budi; Yulianti, Sri Wahyuningsih
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.15048

Abstract

The present study seeks to analyze the functions of civil registration in poverty reduction and to identify various problems encountered in civil registration in Indonesia. This study was conducted by using an empirical law research. Primary data and legal materials are analyzed qualitatively with empirical juridical approach. The results conclude that civil registration yields demographic data that play a strategic role in the utilization of public services and development planning. Improving the quality of human life, either in the field of education, health or revenue requires demographic data as the policy focus. This gives implications that the basis of development program interventions in the three sectors refer to the aforementioned demographic data. Therefore, the use of demographic data and expansion of the coverage of ownership of demographic documents present as strategic steps for poverty reduction. However, the low attainment of document ownership in some regions and the limited number of civil registration apparatuses become an indicator of the absence of roles of demographic data in development. This has an impact on improperly targeted development planning. Several strategies that need to be implemented include: (1) Strengthening regulations at the regional level that regulate the utilization of demographic data in development planning; (2) establishing study program of civil registration law as an attempt of population-based development in Indonesia.
Formulation of Legal and Regulatory Models of Carbon Units as Collateral Objects in Indonesia Cahyaningsih, Diana Tantri; Kharisma, Dona Budi; Alethea Majid, Alisha Vinia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6837

Abstract

The rise in GHG emissions has driven countries, including Indonesia, to commit to Net Zero Emissions through the 2015 Paris Agreement. One of Indonesia’s efforts is limiting carbon emissions via carbon trading. The traded object, carbon units, are categorized as securities with economic value, presenting an opportunity to use them as collateral. However, theres is no clear regulation governing this. This normative legal research uses statute and conceptual approaches, with primary and secondary legalmaterials on collateral law. The study aims to propose regulatory recommendations to enable the use of carbon units as collateral in Indonesia. The findings suggest that fiduciary is the most suitable binding meyhod, as it does not require physical delivery and allows execution through private sale under Article 31 of Indonesia Fiduciary Law. The lack of a valuation institution can be addressed by optimizing collaboration between public appraisers, like KJPP and GHG Validation and Verification instituions (LV/V GRK).
Formulation of Environmental, Social, and Governance (ESG) Concept Regulation in the Banking Sector as a Strategy to Realize Sustainable Development in Indonesia Sudarwanto, Albertus Sentot; Kharisma, Dona Budi; Putri, Salsabila Adinda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6839

Abstract

The increasing issue of the global environmental crisis has prompted the UN to launch 17 Sustainable Development Goals (SDGs). Although Indonesia has a strong commitment to achieving the SDGs, its implementation is still lagging behind, one of the reasons being the suboptimal application of Environmental, Social, and Governance (ESG) at the company level, especially in the banking sector. This creates uncertainty, implementation obstacles for companies, and opens up loopholes for ESG-washing practices. This study aims to formulate a regulatory formulation for the ESG concept in the banking sector as a strategy to accelerate sustainable development in Indonesia. The research method used is normative legal research that is prescriptive with a statutory approach and a conceptual approach. The types and sources of legal materials use primary legal materials and secondary legal materials. The results of the study conclude that an effective regulatory formulation is needed including a revision of POJK 51/POJK.03/2017 to require integrated reporting and adoption of the double materiality concept. In addition, it is recommended to strengthen the role of Good Corporate Governance (GCG), establish standard and measurable ESG reporting standards, require independent assurance (verification) of sustainability reports, and enforce legal sanctions against ESG-washing practices.