Glosains: Jurnal Sains Global Indonesia
Vol. 7 No. 1 (2026): Glosains: Jurnal Sains Global Indonesia

From Industrialization to Innovation Justice: The Evolution of Indonesia’s Patent Law (1989–2024) and the Quest for a Post-TRIPS Legal Order

Raymond R. Tjandrawinata (Universitas Katolik Indonesia Atma Jaya)
Henry Soelistyo Budi (Universitas Pelita Harapan)
Ina Heliany (Sekolah Tinggi Ilmu Hukum IBLAM)



Article Info

Publish Date
02 Mar 2026

Abstract

Background: This study examines the evolution of Indonesia’s patent law through a philosophical, structural, and systemic lens, exploring why and how the national legal order has transformed from a state-controlled industrial tool to a plural innovation governance framework. It investigates six dimensions of legal evolution: the philosophical assumptions underlying each legislative phase; the structural redesign of the patent system; the historical and political causes driving reform; the normative implications for justice and inclusion; the epistemic method by which reform has been justified; and the prospective direction of post-TRIPS lawmaking.Objective: …Methods: Using a doctrinal-historical and hermeneutic approach, the analysis traces five major legislative stages: the industrial developmentalism of Law No. 6 of 1989; the liberal-international harmonization of Law No. 14 of 2001; the adaptive institutionalization of Law No. 13 of 2016; and the integrative, sustainability-oriented transformation of Law No. 65 of 2024. Each stage embodies a distinct worldview: from efficiency and control to equity and adaptability.Results: The study finds that Indonesia’s patent regime evolves dialectically rather than linearly—each reform emerging from contradictions between global market demands, constitutional values, and domestic innovation capacity.Conclusion: It concludes that the newest version marks a paradigmatic turn from TRIPS compliance to innovation justice. Yet it also introduces new paradoxes: digital complexity, regulatory overload, and unresolved distributive gaps. The paper proposes that future reforms should cultivate reflexive learning mechanisms within the legal system to sustain co-evolution with emerging technologies and social realities.

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Journal Info

Abbrev

Glosains

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Description

Glosains (Jurnal Sains Global Indonesia) is a peer- reviewed scholarly journal managed and published by Sekolah Tinggi Agama Islam Kuningan. The journal serves as an academic platform for researchers, academics, and practitioners in the fields of natural sciences, applied sciences, and ...