Luqman Hakim
Fakultas Hukum Universitas Islam Indonesia

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Implementasi Lisensi Wajib TRIPs Agreement dalam Produk Farmasi di Negara Swedia Luqman Hakim
Jurnal Hukum Lex Generalis Vol 4 No 1 (2023): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i1.349

Abstract

Patent protection on types of drugs before and after the TRIPs agreement has become a hot topic of discussion regarding drug patents and the general public's access to medicines. Drugs are available, but the quality standards are not good because they are counterfeited or produced without credible quality control so they are dangerous. The implementation of mandatory TRIPs licensing of medicines in Sweden is carried out in accordance with the Swedish State Patent Law (Sweden Patentkungörelsen 1967). Regarding the mandatory licensing of the TRIPs Agreement by the government in Sweden, it is in accordance with Paragraph 6 of the Doha Declaration on TRIPs Agreement and Public Health, namely, Promote access to medicines for all on the basis of implementation as stated in Article 31 of the TRIPs Agreement. The public hopes that the implementation of patents by the Government on drugs, especially antiretrovirals in Sweden, can facilitate access for people with HIV/AIDS to obtain the needed antiretroviral drugs. In addition, the implementation of compulsory licensing for local producers can be an effective strategy to promote generic drug competition in the pharmaceutical industry.
Pembuktian Gugatan Sederhana terhadap Putusan Niet Onvankelijk Verlaard Ditinjau dalam Asas Actori Incumbit Onus Probatio: (Studi Kasus Putusan Pengadilan Negeri Muara Bungo Nomor: 26/Pdt.G.S/2020/Pn. Mrb) Luqman Hakim
Jurnal Hukum Lex Generalis Vol 4 No 4 (2023): Tema Hukum Perdata
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i4.373

Abstract

It is hoped that this simple lawsuit can accommodate the value of justice for all Indonesian people, bearing in mind that until now there are many civil cases in the District Court where the litigants are classified as financially disadvantaged. In the Verdict of Judgment Number: 26/Pdt.G.S/2020/PN.Mrb the Defendant submitted the argument that his child experienced psychological trauma in writing and verbally without any medical evidence, in evidentiary law it is known as the actori incumbit onus probadio principle, namely whoever argues must prove. The case is of course a contradiction where Plaintiff can prove the existence of a default, on the other hand, Defendant presented rebuttal arguments without being supported by evidence. The Defendant's argument was accommodated in the Decision which resulted in an unacceptable simple lawsuit (Niet Onvanjelijk Verlaard). The research method used is normative which means that the data used in this research uses secondary data. The results and conclusions of this study are the principle of Actori Incumbit Onus Probatio which means that whoever has a right or puts forward his argument must prove the existence of that right or argument as stipulated in Article 163 HIR. However, in the case as stated in Decision Number: 26/Pdt.G.S/2020/PN. Mrb, Defendant argued that his child had suffered psychological trauma due to Plaintiff's behavior but could not prove the existence of such psychological trauma from a medical perspective. On the other hand, the Plaintiff was able to prove his simple claim, but the examining judge accommodated the Defendant's argument so that he decided that the Plaintiff's simple claim could not be accepted (Niet Onvankelijk Verlaard) because the proof, in this case, was not simple.