I Gede Agus Kurniawan
Fakultas Hukum, Universitas Pendidikan Nasional, Denpasar, Indonesia

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THE “UNJUST ENRICHMENT” IN INTELLECTUAL PROPERTY RIGHTS: A PROPHETIC LEGAL PARADIGM Made Jayantara; I Gede Agus Kurniawan; Putu Aras Samsithawrati
Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i2.30673

Abstract

The purpose of this study is to analyze the implications of the concept of Unjust Enrichment in the realm of intellectual property rights and the orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights from a prophetic law perspective. This research is a normative legal research using a case, concept, and statutory approach. The results of the study state that the implication of the concept of Unjust Enrichment in the realm of intellectual property rights is intended to protect creators of works or holders of intellectual property rights, especially in fulfilling economic rights. The orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights in the perspective of prophetic law is that the Supreme Court Decision which becomes jurisprudence must be a guide and guide for judges in resolving cases related to Unjust Enrichment in the realm of intellectual property rights. The main finding in this study is that three aspects of prophetic law, namely liberation, humanization, and transcendence are three aspects that must be met and considered in the application of the concept of Unjust Enrichment in all rules related to intellectual property rights, including the formulation of sanctions as well as legal remedies that can be taken if there is a loss suffered by the holder of intellectual property rights.
SOCIAL AND ENVIRONMENTAL RESPONSIBILITY OF INVESTORS RELATED TO INVESTMENT EFFORTS: IMPLICATIONS AND RECONSTRUCTION Ade Chandra; i Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.5034

Abstract

Investors' social and environmental responsibility in Indonesia is an important legal and moral obligation, but still faces challenges in its implementation and requires reconstruction and synergy among various stakeholders to achieve sustainable economic development. This research aims to analyze the forms of investors' social and environmental responsibility in investment activities and to formulate the reconstruction of this responsibility in the context of investment in Indonesia. This research uses a normative legal method with statutory and conceptual approaches, analyzing primary and secondary legal materials through literature studies, and conducting qualitative analysis. The results show that the forms of investors' social and environmental responsibility in investment activities encompass economic, social, and environmental aspects, manifested through various programs such as job creation, community empowerment, and environmental conservation efforts. The reconstruction of this responsibility involves strengthening legal sanctions, developing incentive systems, improving monitoring mechanisms, integrating environmental and human rights principles into the CSR legal framework, and enhancing the role of local governments and community participation. The goal of this reconstruction is to ensure that social and environmental responsibility becomes an integral part of corporate business strategy, so that investments can provide sustainable benefits for society and the environment.