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All Journal PAMALI: Pattimura Magister Law Review Bacarita Law Journal
Ali, Bujang
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Law, Crime, Criminology & Criminal Justice

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Legal Protection of Trade Secrets, Industrial Design And Integrated Circuit Layout Design In Indonesia Ali, Bujang; Jaya, Dipo Setia Hady Akbar; BA, RS Mohammad Al Amin; Fahlevi, Muhammad Reza; Acong, Acong
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i1.14994

Abstract

The government of Indonesia is compelled to bring national rules for the protection of intellectual property rights into line with international norms as a result of the ratification of TRIPs. This study employs a qualitative descriptive research strategy rooted on normative legal theory. In order to assess how well national laws have met the international requirements set forth by TRIPs, data was gathered via literature reviews of primary, secondary, and tertiary legal sources. This study's overarching goal is to determine how well Indonesia's various laws pertaining to IPR—such as those pertaining to trade secrets, industrial design, and integrated circuit layout design—are in sync with the provisions of the TRIPS Agreement. The findings demonstrate that these three statutes have significantly incorporated the fundamental elements governed by TRIPs. Trade secret and integrated circuit layout design protection periods, for instance, have been tweaked to meet the bare minimum requirements imposed by TRIPs. Furthermore, national legislation have also strictly governed the exclusive rights that intellectual property holders have, such as the ability to sue for damages in a civil court and get compensation, and the criminal penalties that those who violate these rights face. Nevertheless, there were obstacles to proper legal enforcement and execution in the field, particularly with regard to the level of legal knowledge among corporate players and the general public, as this study also revealed. As a result, this study significantly advances the cause of bringing Indonesian intellectual property legislation up to par with global norms. To maximize the advantages for innovation and economic development that current legislation may provide, Indonesia has to adopt strategic initiatives including bolstering law enforcement and raising public understanding about the significance of preserving intellectual property rights.
Artificial Intelligence (AI) and Information and Communication Technology (ICT) -Based Sand Mining Supervision: A Legal Business and Maqashid Sharia Perspective Ali, Bujang; Loin, Raymundus
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3613

Abstract

Introduction: The supervision of sand mining in Indonesia remains predominantly reliant on manual methods, which are deficient in accuracy, transparency, and effectiveness. The integration of Artificial Intelligence (AI) and Information and Communication Technology (ICT) presents an opportunity to establish a more equitable and sustainable oversight system.Purposes of the Research: This research aims to analyse the integration of AI-ICT in the supervision of sand mining in Ketapang from the perspectives of business law and maqashid syariah.Methods of the Research: This study employs a qualitative approach, utilising literature reviews, analysis of national and regional regulations, and an examination of maqashid syariah. Data are collected through legal documents, academic articles, and policy reports, and subsequently analysed using descriptive-analytical methods. Triangulation techniques are employed to ensure data validity and consistency of findings.Results Main Findings of the Research: The results of the research indicate that the integration of AI-ICT can enhance the accuracy of detecting mining activities, strengthen legal compliance, and support maqashid syariah values such as environmental protection and social justice. However, the study also identifies limitations related to digital infrastructure and the absence of specific regulations concerning the utilisation of AI-ICT within the mining sector. The integration of AI-ICT has the potential to create a more transparent, accountable sand mining supervision system that aligns with the principles of sharia justice. These findings are significant as a foundation for policy recommendations and regulatory enhancements to support the digital transformation of the mining sector.
Co-Authors Acong, Acong BA, RS Mohammad Al Amin Jaya, Dipo Setia Hady Akbar Loin, Raymundus MUHAMMAD REZA FAHLEVI