Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Journal of Law, Environmental and Justice JILS (Journal of Indonesian Legal Studies)
Zaman, Muhamad Nafi Uz
Unknown Affiliation
Environmental Science Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Existence of Human Rights Protection in Land and Mining Conflicts: Evidence from Indonesia Hanum, Willy Naresta; Zaman, Muhamad Nafi Uz
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.107

Abstract

Human rights should not be subject to reduction under any circumstances except where such reductions are explicitly justified by law. In agrarian conflicts, regulations governing land acquisition may infringe upon individuals' fundamental rights, including land ownership rights, in the name of public interest. However, the extent to which the law can diminish the fundamental rights of citizens remains a subject of ongoing debate. This study explores how human rights can be preserved in agrarian conflicts, particularly those involving land acquisition for public interest, followed by mining disputes.  This doctrinal research employs a statutory, conceptual, and case study approach. The findings indicate that human rights in land and mining conflicts can be upheld if there is alignment between legal frameworks, the actions of field officers, and the idealism of judges in making rulings that prioritize protecting human rights. Moreover, the concept of land acquisition for public interest should not be construed as automatically granting the government the right to repurpose land for other purposes, even when such purposes are related to the primary objective of the land acquisition.
Balancing Pharmaceutical Innovation, Protection for Local Industries, and Potential Evergreening: An Analysis of Indonesia's Patent Law Amendments Roisah, Kholis; Rahayu, Rahayu; Zaman, Muhamad Nafi Uz; Zainol, Zinatul Ashiqin; Mohd Zahir, Mohd Zamre
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.31175

Abstract

Recent changes to the Patent Law in Indonesia have sparked discussion regarding efforts to balance pharmaceutical innovation, protection of local industries, and the potential for evergreening practices. This study is a doctrinal research that uses a multi-approach analysis to examine the interaction between these variables in the context of Patent Law Number 65 of 2024. The study draws on literature reviews, theories and concepts related to drug patents, the pharmaceutical industry, the right to affordable medicine, and the evergreening. The research also includes an analysis of relevant laws and regulations, including the Patent Law before and after the amendment, to identify the changes and the underlying legal politics. The results show that the removal of Article 4 (f) of the Patent Law, which previously excluded certain inventions as inventions, may open up opportunities for the evergreening. However, the government argues that the deletion aims to protect local pharmaceutical companies and broaden the definition of invention. This study critically examines these claims, taking into account the readiness of the local pharmaceutical industry to compete with multinational corporations. In addition, there is a need for a strict control mechanism to ensure the validity of the invention in the patent as well as an objective evaluation of the inventive step and its therapeutic value. This study concludes that without adequate planning, the extension of patent protection to minor modifications may prolong commercial dominance of drugs, open opportunities for evergreening practices and ultimately hinder public access to essential and affordable drugs.
Co-Authors Hanum, Willy Naresta Kholis Roisah Mohd Zahir, Mohd Zamre Rahayu Rahayu Zinatul Ashiqin Zainol