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All Journal Kosmik Hukum Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Briggs Samuel Mawunyo Nutakor
Wisconsin International University College, Ghana
Law, Crime, Criminology & Criminal Justice Social Sciences

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Intellectual Property Rights and Ethics: A Comparison of Philosophical Approaches in Northern and Southern Countries I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Briggs Samuel Mawunyo Nutakor; Mac Thi Hoai Thuong
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24489

Abstract

The philosophical differences between Northern countries, which adopt utilitarian and libertarian perspectives emphasizing strict Intellectual Property Rights (IPR) protection, and Southern countries, which prioritize distributive justice and universal access, create tensions in implementing global IPR policies, particularly concerning important issues such as access to medicines and technology. This research aims to analyze the influence of philosophical approach differences between Northern and Southern countries on Intellectual Property Rights (IPR) policies and implementation, as well as their ethical implications for public access to knowledge and technology. This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature study, and uses qualitative analysis to interpret the differences in philosophical approaches to IPR policies between Northern and Southern countries along with their ethical implications. The research findings show that philosophical differences between Northern countries, which adopt a utilitarian-libertarian approach with strict IPR protection, and Southern countries, which emphasize distributive justice-collectivism with a more flexible approach, have significant ethical implications for public access to knowledge and technology, as seen in the HIV/AIDS crisis in Africa and access to education, where strict patent policies of Northern countries often hinder developing countries' access to important technology and knowledge, while Southern countries advocate for universal access especially for basic needs such as health and education, creating tension between IPR protection and fulfillment of society's basic needs.
The Problematics of the Legal Standing of Deoxyribonucleic Acid (DNA) Test Results Concerning Civil Relationships of Illegitimate Children: A Legal Pluralism Perspective Fradhana Putra Disantara; Dicky Eko Prasetio; Geraldha Islami Putra Disantara; Briggs Samuel Mawunyo Nutakor
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 2 (2024): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i2.5156

Abstract

Decision No. 46/PUU-VIII/2010 by the Constitutional Court has introduced legal challenges, particularly concerning the acceptance of DNA testing as evidence for establishing civil relationships between a child and their biological parent. This study aims to analyze the legal issues surrounding the use of DNA testing to prove civil rights of illegitimate children and the aspects of legal pluralism related to this use. The research employs a normative legal approach, utilizing case, conceptual, and legislative analyses. Findings indicate that the legal issues with DNA testing for establishing the civil rights of illegitimate children stem from the Constitutional Court's decision, which has not fully considered the legal pluralism perspective, leading to potential application challenges. Post-decision, DNA testing reflects a weak legal pluralism where the Court's ruling is not easily applicable due to conflicts with Islamic law as outlined in Article 100 of the Compilation of Islamic Law (KHI). Consequently, it is recommended that the Constitutional Court and judicial institutions consider legal pluralism aspects in their decisions to strengthen legal pluralism, ensuring that court rulings are optimally implemented in alignment with existing and practiced legal frameworks within society.
Co-Authors Dicky Eko Prasetio Fradhana Putra Disantara Fradhana Putra Disantara Geraldha Islami Putra Disantara I Gede Agus Kurniawan Mac Thi Hoai Thuong Putu Aras Samsithawrati