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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Mawaddah: Jurnal Hukum Keluarga Islam
Yuliati Yuliati
University of Brawijaya
Religion Law, Crime, Criminology & Criminal Justice

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Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer Of Technology Regulation in Article 7 Trade Related Aspects of Intellectual Property Rights (TRIPs) Dian Ayu Nurul Muthoharoh; Yuliati Yuliati; Afifah Kusumadara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3049

Abstract

The purpose of this study is to analyze the Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer of Technology Regulation in Article 7 TRIPs. This research is normative legal research by prioritizing statutory approaches and historical approach. The results of the study show that Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is not by the mandate of Article 7 TRIPs, and implicated for the absence of government interference in technology transfer especially in the field of patents. The legal policy of establishing Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is influenced by the intervention of other countries and more inclined towards adjusting international trade politics than defending national interests. The most ideal arrangement regarding technology transfer is by the formulation of Article 20 Paragraph (2) Law Number 13 of 2016 concerning Patents, which in essence patents must support technology transfer. Suggestions in this study for the lawmaker should emphasize the necessity for technology transfer in the field of patents through licenses in Indonesian laws and regulations.
The Legal Protection of Genetic Resources Associated with Traditional Knowledge in Indonesia: Juridical Implications of the GRATK Treaty Yuliati Yuliati; Agung Sudjatmiko; Moh. Fahrial Amrulla
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.56

Abstract

This study aims to analyze the legal consequences of Indonesia’s ratification of the GRATK agreement on the patent framework. As is known, the recognition and protection of Intellectual Property Rights (IPR) has undergone rapid development, especially communal IPR such as the protection of genetic resources and traditional knowledge, which demand fair and adequate legal protection for all parties. The emergence of unfair practices in the use, commercialization (biopiracy), and restriction of ownership of traditional knowledge through IPR instruments has created a conflict of interest between the owners of traditional knowledge and those who develop and commercialize it. This research focuses on the legal protection of traditional knowledge through the international agreement, the GRATK Treaty, which the Indonesian government has signed, and its legal consequences. This study uses normative legal research, analyzing Law No. 65 of 2024 concerning Patents and the 2024 GRATK Treaty as the main sources. The results of the study show that the GRATK agreement provides a fair framework for the recognition and legal protection of genetic resources, as desired by countries that own genetic resources in a world dominated by developing countries. However, the study also argues that while the GRATK Agreement and its incorporation into Indonesian patent law represent significant progress, their effective implementation requires comprehensive regulatory harmonization and the development of sui generis mechanisms to protect communal intellectual property, thereby safeguarding the national interest in genetic resources and traditional knowledge.
Co-Authors Afifah Kusumadara Agung Sudjatmiko Amrulla, Mohammad Fahrial Dian Ayu Nurul Muthoharoh