Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Vol. 1 Issue 2 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi

Problematika Yuridis Wakaf Hak Kekayaan Intelektual di Indonesia

Eva Mir'atun Niswah (IAIN PURWOKERTO)



Article Info

Publish Date
31 Dec 2018

Abstract

Intellectual Property Rights (IPR) is one of movable objects that can be represented according to waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf). The previous regulations did not mention IPR as waqf object. IPR becomes waqf object because there is a shift of paradigm on productive waqf. However, the waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf) has many juridical problems. For example, there is no specific explanation about IPR waqf as well as money waqf. Besides, the IPR practice is very rare due to unclear forms of IPR waqf. Juridical problems on IPR waqf are related to legal substance, legal structure and legal culture. On legal substance, there is no clear explanation and mechanism of IPR waqf. On legal structure, there is no clear explanations about who can be the wakif or nazir on IPR waqf. On legal culture, many people are still unfamiliar with intangible waqf object (the conventional waqf object is land). Therefore, the acceptance of an intangible object such as IPR as a waqf object is very low.

Copyrights © 2018






Journal Info

Abbrev

volksgeist

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia ...