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All Journal Veteran Law Review PROGRESIF: Jurnal Hukum
Masda Agatha Sari
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Humanities Law, Crime, Criminology & Criminal Justice

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Perlindungan Masyarakat Adat Terhadap Penggunaan Sumber Daya Genetik Dan Pengetahuan Tradisional Dalam Invensi Perspektif Traktat Internasional Wipo 2024 sari, Mieke yustia; Cita Yustisia Serfiyani; Yatini; Masda Agatha Sari
PROGRESIF: Jurnal Hukum Vol 19 No 1 (2025): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/vkkmw351

Abstract

Treaty on intellectual property, genetic resources and traditional knowledge 2024 approved an international agreement that is a breakthrough for the development of intellectual property. This paper aims to analyze the form of protection for indigenous peoples in the utilization of genetic resources used in patented research according to the international treaty WIPO and the urgency of the treaty for the development of patents in Indonesia. The approach used in this study is the statute approach and the analytical approach. The international treaty that began negotiations in 2001 is a strategic step for the development of intellectual property, especially indigenous peoples as holders of rights to genetic resources and traditional knowledge. Its use is often used in research to produce new inventions that are protected by patents. In such conditions, the applicant must disclose indigenous peoples as providers of traditional knowledge. The treaty is very important for the development of patents in Indonesia as well as strategic protection for traditional knowledge and genetic resources owned by Indonesia. Patented inventions containing genetic resources and traditional knowledge clearly disclose their material sources, thereby increasing the transparency of patent protection.
Legal Status of Test Tube Baby Children: A Legal Review of Lineage and Inheritance Rights Gia Anesta Putri; Masda Agatha Sari
Veteran Law Review Vol 9 No 1 (2026): Mei 2026
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v9i1.13364

Abstract

This study aims to analyze the legal status of illegal IVF children born from gamete donation or surrogacy procedures within the dualism of Indonesian Civil Law. The crucial issue discussed is the conflict arising between the principle of conservation of lineage in the Marriage Law and the limitations of inheritance rights in the Civil Code (KUHPerdata), especially considering the express prohibition of illegal procedures by Health Law No. 17 of 2023. The study uses a Normative Juridical method with a statutory, case, and conceptual approach. The main results indicate that children from illegal IVF procedures are categorized as children born out of wedlock, so their inheritance rights are limited to one-third of the portion of legitimate children if recognized. We found a legal conflict: the reactive protection solution through Court Decision No. 46/PPU-VIII/2010 has the potential to create civil and inheritance relations with anonymous gamete donors (biological fathers), this directly contradicts the preventive prohibition in the Health Law. In addition, the surrogacy agreement was confirmed null and void under Article 1320 of the Civil Code. This study concludes the need for regulatory harmonization to clarify the limits of the application of the Constitutional Court Decision in order to ensure legal certainty and the best protection for children's civil rights.
Co-Authors Gia Anesta Putri Sari, Mieke Yustia Ayu Ratna Serfiyani, Cita Yustisia Yatini