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All Journal Jurnal Bedah Hukum Proceeding International Seminar of Islamic Studies
M Arkansyah
Universitas Muhammadiyah Sumatera Utara
Religion Arts Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Physics Other

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EXCLUSIVE INTELLECTUAL PROPERTY HOLDER IN LEGAL PERSPECTIVE PROHIBITION OF MONOPOLY PRACTICES AND BUSINESS COMPETITION Ida Nadirah; M Arkansyah
Proceeding International Seminar of Islamic Studies INSIS 3 (February 2022)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

The holder of exclusive intellectual property rights is a legal subject who has special rights because the holder can make, use, sell, import, export, lease, deliver and distribute all of his work. This enormous power is very close to the nature of a prohibited monopoly in perspective Anti-monopoly Law and Business Competition. This study aims to explain the legal position of the exclusive right holder of intellectual property rights and to find out the anti-monopoly legal arrangements for the holders of exclusive intellectual property rights.This research is a normative juridicalresearch with descriptive analysis with a statutory approach that uses secondary data and is analyzedqualitatively. The position of exclusive intellectual property rights is clearly regulated in the Copyright Law, Patent Rights, Trademark Rights, Industrial Design Rights, Integrated Circuit Layout Design Rights and Trade Secrets.Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Business Competition that there are several monopolies that are allowed, namely in the form of actions or agreements aimed at implementing applicable laws and agreements. One of the laws is intellectual property law as regulated in Article 50 b of Law No. 5 of 1999 with the stipulation that the exclusive rights contained in the law do not cause unfair business competition and can harm the public interest.Keywords:Exclusive Rights, Intellectual Property, Prohibition of Monopolistic Practices and Business Competition
Pengawasan Dalam Pengadaan Barang Dan Jasa: Optimalisasi Peran Pejabat Pembuat Komitmen Kementerian Perhubungan M Arkansyah; Ida Nadirah; Cakra Arbas
Jurnal Bedah Hukum Vol 7 No 1 (2023): Jurnal Bedah Hukum
Publisher : Fakultas Hukum Universitas Boyolali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36596/jbh.v7i1.989

Abstract

The issuance of Presidential Regulation Number 12 of 2021 concering a a Government Procurement of Goods/Services and its amendments have strengthened the existence of the Commitment Making Officer (PPK) as one of the state financial management officias who has a very large role and task. Given the importance of the role of PPK in the framework of the imolementation, of course it is necessary to omprove and at the same time reorganize its central role in order to improve the quality of services that are more excellentin in line with the increasingly complex demands of modern era developments. The purpose of this study was to find out about the legal arrangements regarding the role of officials making commitments in the implementation of goods and services procurement services at the Ministry of Transportation and knowing the role of commitment officials in implementing goods and services procurement services at the ministry of transportation and knowing the obstacles faced by commitment officials in impelemnting propcurement services. Goods and services at the ministry of transportation. The research method used in this study is research with an empirical juridical approach, where data is taken directly and literally from interviews and literature studies The results of research on legal arrangements regarding the procurement of goods and services in the Ministry of Transportation refer to the civil Code concerning cintracts, Law Number 2 of 2017 concerning contracts, Law number 2 of 2017 concerning Construction Services, Article 1number 10 and number 11 Law Number 1 of 2004 concerning State treasury. Presidential Regulation 54 of 2010, Presidential Regulatin 54 of 2010, Presidential Decree NO. 16 of 2018. The role of Commitment making officials in the procurement of goods ans services establishes plans for the implentation of goods/services procurement, signs contracts, executes contracts with goods and services providers and the obstacles faced by commitment officers in being accountable for goods procurement and services consisting of external obstacles, which are influenced by natural factors, while the internal obestacles to work must be in accordance with the aircraft departure schedule, implanting technical personel are not always in the field, implementing contractors are inexperienced in working on airport runway overlays so that performance is not optimal. This resulted in the committee making officials and consultants/implemenethers having to carry out maximum supervision.
Co-Authors Cakra Arbas Ida Nadirah Ida Nadirah