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All Journal Jurnal Privat Law Pena Justisia: Media Komunikasi dan Kajian Hukum
Adi Sulistiyono
Faculty of Law Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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INTELECTUAL PROPERTY RIGHTS IN THEORY OF ECONOMICS ANALYSIS OF LAW PERSPECTIVE AL Sentot Sudarwanto; Adi Sulistiyono; M. Hudi Asrori S; Arief Suryono; Yudho Taruno Muryanto; Diana Tantri Cahyaningsih; Dona Budi Kharisma
Jurnal Privat Law Vol 11, No 2 (2023): JULI - DESEMBER
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v11i2.77462

Abstract

This article aims to describe the relevance of the protection of intellectual property rights (IPR) in the perspective of the theory of economic analysis of law. The approach used is a historical approach (historical approach) using primary legal materials and secondary legal materials. The data collection technique used is the literature study technique. Based on the research results, it can be concluded that so far the focus of traditional economic analysts has only highlighted that inventors or holders of exclusive IPR are entitled to incentives or rewards for their findings. Apart from that, giving incentives is also to encourage people to make discoveries that are beneficial to human life. However, they did not highlight the high cost of accessing or using their findings. Even the cost of accessing IP exceeds the cost of the production margin of IP itself. In the perspective of the theory of economic analysis of law, the condition of unbalanced margins can cause injustice.
Cryptoization and Shadow Currency: Legal Overview of the Importance of Digital Rupiah in Indonesia Adi Sulistiyono; Dona Budi Kharisma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4369

Abstract

Cryptoization in Indonesia can be seen in the number of investors and crypto asset transactions. As of January 2024, the total number of crypto asset investors reached 18.83 million investors. Meanwhile, the total accumulated value of crypto asset transactions throughout 2024 was recorded at IDR 48.82 trillion. Various types and developments in crypto assets trigger shadow currency risks. Shadow currency is a currency function that can be replaced by another form. In this regard, research is needed regarding the relationship between crypto assets as shadow currency in financial stability and the importance of regulating digital rupiah in Indonesia. The approach used is the statute approach. This research will examine various laws and regulations relating to crypto assets, fintech, financial systems and currencies. The research results show that the crypto asset transaction process occurs outside the official monetary system and can develop into a digital currency area outside certain jurisdictions. The materialization of this risk can threaten a country's monetary sovereignty, thus triggering the risk of shadow currency. Therefore, it is recommended that the Digital Rupiah be a Central Bank Digital Currency (CDBC) which is officially implemented in Indonesia. However, there needs to be regulatory and policy support needed so that CBDC can be implemented in Indonesia, one of which is through a revision of the Indonesian Act on Currency.
Co-Authors Adriana Grahani Firdausy AL Sentot Sudarwanto Arief Suryono Diana Tantri Cahyaningsih Dona Budi Kharisma Hari Purwadi M. Hudi Asrori S Yudho Taruno Muryanto