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All Journal Jurnal Akta indonesian Journal of Administrative Law and Local Government (IJALGOV)
Serafim, Gladysta Viola
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Law, Crime, Criminology & Criminal Justice

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Reformulation of Patent Law in Indonesia Regarding Patent Waiver of Vaccines in Certain Circumstances Serafim, Gladysta Viola; Kusumadara, Afifah; Widyanti, Yenny Eta
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.44518

Abstract

This research aims to reformulate patent law in Indonesia based on the 12th WTO MC Decision on the TRIPs Agreement related to patent waivers for vaccines in certain circumstances, such as pandemics. Patenting vaccines during a pandemic can hamper efforts to handle the pandemic quickly and effectively and make access to vaccines limited, especially for lower-middle-income countries (LMICs). This can be seen in the implementation of Covid-19 vaccination where there is a gap in vaccination rates and vaccine prices between developed countries and LMICs countries. For example, vaccine supplies in Indonesia as one of the LMICs countries could only meet 24% of the coverage target of 181 million people at the beginning of the Covid-19 pandemic. The patent law in Indonesia has provided flexibility regarding the implementation of patents for vaccines in certain circumstances through the implementation of patents by the government, but in fact it still cannot overcome the scarcity of vaccines in an emergency in Indonesia. This study uses normative (doctrinal) research types with statue, conceptual, and analytical. Based on the results of the research, in order to minimize existing problems so that they do not occur in the future, Indonesia can reformulate the formulation of patent laws in Indonesia based on the TRIPs Agreement, namely first, the regulation that the implementation of patent waivers for vaccines in certain circumstances does not require permission from the patent holder; second, the regulation on determining the amount of remuneration for inventors; and third,  regulation on the prohibition of re-export of vaccines whose patents are ignored. 
The Existence of the Papuan People's Assembly in Special Autonomy: A Comparative Legal Study Between Indonesia and France Barokah, Khiswatul; Denaryo, Redemptus; Serafim, Gladysta Viola; Lutfiana, Sabrina Amaliya; Susmayanti, Riana
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36519

Abstract

Article 18B paragraph (1) of the 1945 Constitution provides an explanation regarding the birth of an asymmetrical decentralization policy or the granting of special autonomy to a region in Indonesia. This special autonomy is given to several regions in Indonesia, one of which is Papua through Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In carrying out the implementation of special autonomy in Papua, the Majelis Rakyat Papua (MRP) was formed which is a cultural representation of indigenous Papuans as regulated in PP No. 64 of 2008 concerning MRP. In this case, there are many challenges faced by the MRP to foster justice for the Papuan people. This research is a type of normative juridical research with statutory, comparative law, and case approach methods. Primary, secondary, and tertiary legal materials are analyzed using systematic interpretation techniques. Based on the results of the research, to solve the existing problems, a legal comparison can be made with the French state which also provides special autonomy to the New Caledonia region which has a representative institution such as the MRP.
Co-Authors Afifah Kusumadara Barokah, Khiswatul Denaryo, Redemptus Lutfiana, Sabrina Amaliya Riana Susmayanti Yenny Eta Widyanti