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All Journal Lampung Journal of International Law (LaJIL) Trunojoyo Law Review SASI
Efendi, A’an
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Humanities Law, Crime, Criminology & Criminal Justice

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THE MODEL OF LEGAL PROTECTION FOR PRODUCTS OF GENETIC ENGINEERING IN AGRICULTURAL TECHNOLOGY Susanti, Dyah Ochtorina; Efendi, A’an; Sari, Nuzulia Kumala
TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (111.682 KB) | DOI: 10.21107/tlr.v1i1.5255

Abstract

This research is aimed to find a new model of legal protection for the product of genetic engineering in the field of agricultural biotechnology. The concept of legal protection as coined by Philipus M. Hadjon is limited to administrative law in the relationship between the people and the government, not applicable to all fields of law. The legal protection for genetic engineering in the field of agricultural biotechnology is covered in laws and their derivative regulations as it evidently provides forum of compensation for the infringement of intellectual property resulted in genetic engineering in agricultural biotechnology. The contract becomes a special instrument of legal protection between owners of intellectual property in the field of agricultural biotechnology dealing with civil laws.
The The Legitimacy of CJEU in the Settlement of Trade Mark Disputes between Non-European Union Foreign Companies: A Case Study Musthafa, Annas Rasid; Putrazta, Satriya Aldi; Efendi, A’an
Lampung Journal of International Law Vol. 5 No. 2 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3206

Abstract

Protection of Intellectual Property Rights (IPR) is important for companies to maintain brand awareness. One of the challenges in trademark protection involves resolving disputes under a supranational organization, specifically The Court of Justice of the European Union (CJEU). This Court has jurisdiction to adjudicate cases involving foreign companies from non-EU countries, which can present complexities for those entities navigating the legal framework and protections afforded within the EU. This research examined the authority, legitimacy, and application of justice through CJEU in resolving disputes between foreign companies. This normative legal research used a statute approach, case study, and library research. Based on the research results, the authority and legitimacy of CJEU in resolving disputes with foreign companies have been regulated in the Maastricht treaty. The submission of foreign companies is also related to the opposing party, a company flagged by an EU member state. The use of CJEU in resolving disputes requires parties to maximize all judicial remedies available at the national before proceeding to the international level.
Legal Protection for Soybean Farmers in Cooperation Based on the Muzara'ah Akad with the Murabahah System Susanti, Dyah Ochtorina; Efendi, A’an; Sari, Nuzulia Kumala
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.765

Abstract

Introduction: During the pandemic Covid-19, the global soybean market experienced a shock which resulted in the availability of imported soybeans in several countries decreasing and soybean prices increasing. This also has an impact on small and medium industries that cannot afford soybeans for their processed food raw materials, one of which is the production of “tempe”. Purposes of the Research: The purpose of this study is to explain the concept of cooperation to provide legal protection to soybean farmers based on a muzara'ah akad with a murabahah system. Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach. Results of the Research: The result of this study include 2 (two) things, namely the concept of cooperation and the form of legal protection. The concept of cooperation consists of: The first scheme, cooperation between the government (Pemda) with soybean farmers and Islamic banks. The second scheme is the cooperation of Islamic banks with soybean farmers using a murabahah akad. The third scheme, namely cooperation between soybean farmers and cultivator using muzara’ah akad. In connection with the form of legal protection, it is divided into 2 (two) namely: first, external legal protection regulated in Law Number 19 of 2013 concerning Protection and Empowerment of Farmers, which was later changed to Law no. 11 of 2020 concerning Job Creation, and second, internal legal protection, namely 3 (three) concepts of cooperation as outlined in a written agreement as a form of guarantee of legal certainty for the parties, especially for soybean farmers.
Co-Authors Dyah Ochtorina Susanti Musthafa, Annas Rasid Nuzulia Kumala Sari Putrazta, Satriya Aldi