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All Journal Jurnal Daulat Hukum JURMA YUSTISI
Sabrina, Najwa Maulida
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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A Legal Study on the Protection of Patents under International Intellectual Property Rights Sabrina, Najwa Maulida
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1494

Abstract

The development of science and technology (science and technology) in humans causes everyone to compete to innovate to create new things that can be useful or functional for humans or can produce an item for commercial purposes. Intellectual Property Rights are any goods and rights that are controlled by property rights, this Intellectual Property Rights consist of 7 types, namely brands, copyrights, trade secrets, geographical indications, circuit layout designs including industrial design, and Patents. In each of these types the rules also protect each type of invention. In the field of technology, inventions will be protected by patents. There are problems that often arise related to patents internationally, especially regarding patent protection against uncertainty, international legal protection of patents and the interests of each party in patent problems nationally and internationally, as well as the form of firmness on foreign patents registered in Indonesia by understanding the obligations of the patent owner. Doctrinal law research methods. The author hopes that this article can fulfill the purpose of understanding the provisions regarding Patents not only nationally but also internationally. The results of the study show that Patent Protection is territorial which means that in one agreement it does not necessarily provide protection for other countries as a whole even though there is a convention that guarantees that a person will receive patent protection in each member state, but mechanically this PCT convention simplifies the process of patent protection internationally.
Analysis of Formal Errors in Visum et Repertum and Their Legal Consequences on the Evidential Value in Criminal Cases of Assault (Study of Decision No. 309/Pid.B/2024/PN. BJM) Sabrina, Najwa Maulida; Firmansyah, Hery
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.48947

Abstract

The criminal act of assault is a prevalent offense in society and is regulated under Articles 351 to 354 of the Criminal Code (KUHP). In the evidentiary process of assault cases, the Visum et Repertum (VER) serves a critical role as both documentary evidence and expert testimony, as specified in Articles 133 and 184 of the Indonesian Criminal Procedure Code (KUHAP). However, the admissibility of VER requires compliance with both formal and substantive standards in accordance with medical and legal norms. This study examines formal defects in VER and their legal implications for evidentiary value, using Case Decision No. 309/Pid.B/2024/PN BJM as a case study. The findings reveal that the VER was issued based on a Visum Request Letter (SPV) signed by an unauthorized investigator, and its contents failed to meet the requirements of the Indonesian Medical Competency Standards (SKDI). Despite these deficiencies, the court relied on the VER as the basis for conviction, even though the case lacked two valid pieces of evidence and no witness directly observed the alleged crime. This research concludes that formal defects in VER can undermine the principles of legality and legal certainty, and may violate the defendant's fundamental rights.
Co-Authors Hery Firmansyah