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INDONESIA
Jurnal Ilmiah Kebijakan Hukum
Published by Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia
ISSN : 19782292     EISSN : 25797425     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Kebijakan Hukum merupakan media ilmiah bidang kebijakan hukum berupa hasil penelitian dan kajian, tinjauan hukum, wacana ilmiah dan artikel. Terbit tiga kali setahun pada bulan Maret, Juli dan November.
Arjuna Subject : -
Articles 236 Documents
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Metode Rule Identification Urgency Solution (RIUS) dalam Penyusunan Naskah Akademik Peraturan Daerah Rumiartha, I Nyoman Prabu Buana; Gede Astariyani, Ni Luh; Sukma Wedayanti, Ni Kadek Ari; Yasana Putri, Kadek Angelina
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.183-196

Abstract

The purpose of this research was conducted to offer a new method in the preparation of academic texts on laws and regulations. Academic Manuscripts contain the results of research regarding the contents of the content or proposals submitted to be regulated in a provision of statutory regulations and or regional regulations. Provisions related to the preparation of academic manuscripts have been regulated in laws and regulations, but a special method is needed in preparing academic manuscripts so that they are in accordance with the needs of the community. In this study using normative legal research methods. The findings in this study are that there is a novelty method that can be used in the preparation of academic manuscripts, namely the Rule Identification Urgency Solution (RIUS). With the RIUS method, an academic text can be used as a basis or basis for argumentation in the formation of laws and regulations or regional regulations. In conclusion, the RIUS method is a method that can analyze the rule of law, identify problems, the urgency of why these regulations are needed, and the solutions that can be provided. The RIUS method was first applied by researchers in preparing academic texts for regional regulations in the Badung Regency Government and Jembrana Regency Government, in this case researchers as experts in preparing academic manuscripts. Suggestions that can be given are that in the preparation of academic papers it is best to focus on analyzing what problems occur in society so that a regulation is needed.
Fast-Track Legislation Mechanism as an Alternative to the Formation of Legislation in Indonesia Agnes Fitryantica; Regy Hermawan
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.423-432

Abstract

The formation of laws and regulations that take a short time to be formulated may have procedural defects in the process of their formation, such as procedural violations, non-implementation of one or several procedures for their formation and insufficient quality of implementation of the procedures for their formation. Consequently, the legislative process in Indonesia leads to poor conditions, causing problems in the formation of laws and regulations. The practice of making laws and regulations in a short period carried out by the legislature seems to apply the mechanism of fast-track legislation. However, this fast process is not in accordance with the positive law that regulates it. Therefore, the mechanism of fast-track legislation is seen as an alternative to the formation of laws and regulations to prevent the practice of forming bad laws and regulations from being repeated continuously. This research is normative juridical research, with a statutory approach and a comparative law approach. This research journal aims to examine the effectiveness of the fast-track legislation mechanism when used as an alternative to the formation of legislation in Indonesia.
Optimalisasi Pengelolaan Paten Melalui Lokapasar: Formulasi Pengaturan Paten Dalam Bentuk NFT di Indonesia Priambudi, Zaki; Firdaus, Sendy Pratama; Sabila, Natasha Intania; Sari, Nuzulia Kumala
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.165-182

Abstract

This research seeks to examine a Patent regulation in the form of a Non-Fungible Token (NFT-Patent) in Indonesia. The implementation of NFT-Patent is intended to overcome the problems of patent management in Indonesia, such as the long and expensive bureaucratic process of patent, the absence of an integrated patent commercialization ecosystem, and the existence of a legal vacuum regarding the valuation mechanism of a patent. This research aims to answer a formulation of the problem related to how the model of NFT-Patent regulation through the online marketplace in Indonesia. The analysis of the problem formulation will start by comparing Non-Fungible Token (NFT) regulations in Indonesia with other countries, followed by conceptualizing the transfer of ownership rights from NFT-Patent carried out through an online marketplace, then end by formulating the regulation of the NFT-Patent online marketplace in the statutory regulations in Indonesia. By combining doctrinal research methods and reform-oriented research, this study found that based on Indonesia’s positive law, NFT is categorized as a crypto commodity which is an object of tax and BKP. On the contrary, the United States sees NFT as conventional IPR in digital form for tax purposes. NFT-Patent is categorized as an intangible movable object whose transaction is considered valid as long as it meets the provisions of Article 1320 of the Civil Code and Article 46 paragraph (2) of the Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems. In its implementation, a transition process is carried out with several stages. The transition stages are regulated in the Regulation of the Minister of Law and Human Rights with the Directorate General of Intellectual Property as the manager. If most of the transition process has been running, the government needs to update the 2016 Patent Law by implementing the Separation Principle by separating the purpose of using inventions into 3, namely consumption, production, and innovation. Ultimately, this research recommends the government to regulate NFT specifically, synergize with blockchain-based Patent ecosystem development companies and encourage collaboration between universities and industrial companies in developing Patents. 
Measuring the Quality of Legal Aid Services as the Embodiment of Access To Justice Oki Wahju Budijanto; Tony Yuri Rahmanto
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.397-422

Abstract

Since the enactment of Law Number 16 of 2011 concerning Legal Aid, the practice of legal aid services still has several problems including not being able to reach all districts/cities due to the limited number of Legal Aid Organizations that can provide services. This paper aims to describe the implementation of legal aid services and analyze optimal strategies in improving the quality of legal aid services. This study used two approaches, qualitative and quantitative or commonly referred to as the Mix Method. Data collection methods used in this study are surveys, interviews and document studies. The results of the study show that the quality of legal aid services as a manifestation of access to justice can be said to be very good by referring to the results of the assessment on the performance of legal aid organization units and the quality of litigation and non-litigation legal aid services. However, several aspects need attention, namely the information aspects in litigation services and the procedural aspects of non-litigation services.   Guided by the results of the study, a strategy is needed to improve the quality of legal aid organization services by increasing access to information to service recipients. Legal Aid providers can use online surveys in evaluating the implementation of legal aid services throughout Indonesia. This strategy is the right step, effective, efficient and in accordance with the pandemic conditions and technological advances.  
Penalaran Hukum: Bagaimana Merek Terkenal Diposisikan Melalui Positivisme Hukum Adlhiyati, Zakki; Achmad, Achmad
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.55-68

Abstract

Legal protection for well-known mark needs to be examined. Indonesia has tried to conform its legal system with international law, most notably the Paris Convention and the TRIPS Agreement. However, the court’s decision indicates that the well-known mark remains unfavourable. This paper aimed to analyse judges’ rationale when they rejected a lawsuit against a well-known trademark in Indonesia which was the trademark dispute of “Starbucks” and Pierre “Cardin”. This study was conducted using legal research methods and it examined legal materials from judges’ decisions and literature review. Therefore, knowing the judge’s rationale for dismissing the claim is essential. In the first case, the plaintiff’s documented evidence was insufficient to establish the respondent’s bad faith, but the judge’s justification for rejecting the lawsuit was insufficient either. Meanwhile, in the second case, the judge denied the claim based on ne bis in idem, which aims to reach legal certainty, so the judge can lean more toward positivism. The positivism requires clear rules so as not to cause multiple interpretations. However, trademark and geographical indication law does not give complete regulations on well-known marks. As a result, problems and conflicts frequently arise in practice when it comes to the protection of well-known marks.
Peran Bantuan Hukum Struktural dalam Transformasi Sosial: Sebuah Upaya Mewujudkan Kesetaraan Gender dan Perubahan Struktur dalam Masyarakat Ningtyas, Dyah Palupi Ayu; Al Uyun, Dhia; Susmayanti, Riana
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.327-348

Abstract

Structure-oriented or system-oriented movements will be more advanced than ordinary movements without relying on a system (normative). Structural legal aid is included in the movement of non-governmental organizations whose work system leads to structural or systemic changes, rather than changes at the individual or case-by-case level. The legal aid movement aims to ensure access to justice for people in need, especially women. With normative legal research, it is hoped that this can provide important findings about community colaboration, aid service providers, NGOs, and CSOs in societal change and equality. Thus, structural legal aid is a legal aid strategy based on the movement by eliminating power relations and gender inequality. In addition, village women paralegals can act as a movement to realize structural gender legal assistance for women, children, and other marginalized groups, and not just for the poor. The old perspective on traditional legal aid is not effective, makes structural legal aid an alternative from legal aid, that can be encouraged by movement that can eliminate gender inequality and change existing structures in society. Women’s participation as paralegals in a social movement can be optimized with support from NGOs and CSOs such as legal aid organizations. So that women’s social movements produce gender equality, fulfill women’s rights, and overcome discrimination. Apart from that, the legal aid movement needs to be focused and structured so that women’s rights are fulfilled. The challenge for paralegals is to be able to go beyond the duits stated in the UUBH.
Pengaturan Juru Bahasa Isyarat dalam Pembuatan Akta Otentik oleh Notaris bagi Penghadap Tunarungu Pradnyadewi, Ida Ayu Putu Kurnia; Jayantiari, I Gusti Agung Mas Rwa
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.81-96

Abstract

The objective of this paper is to analyze the arrangement for sign language interpreters in making authentic deeds by a Notary for deaf appearers in Indonesia and to analyze the relevant arrangements regarding this issue in terms of the provision of sign language interpreters by a Notary for deaf appearers in the future. The benefit of this writing is to provide a juridical understanding regarding the arrangements for providing sign language interpreters in making authentic deeds by a Notary for deaf appearers in Indonesia as well as providing scientific contributions in the dimension of the Notary Act. The void of norms underlying writing uses a type of normative legal research through statutory and comparative approaches which are analyzed using descriptive, comparative, argumentative, and prescriptive techniques. The results of the study show that the authority of a Notary to make authentic deeds is contained in Article 15 paragraph (1) of the Amendment to the Act on the Position of Notary. This arrangement is intended for appearers with non-disabled conditions only because it contains a “sufficiently clear” clause. Based on a comparative study of the Amendment to the Act on the Position of Notary and the Japanese Notary Act, the Amendment to the Act on the Position of Notary has not regulated the provision of sign language interpreters for deaf appearers, while the Japanese Notary Act has regulated sign language interpreters. Resolving the urgency of this problem by formulating arrangements for sign language interpreters in the Amendment to the Act on the Position of Notary by adopting the provisions contained in the Japanese Notary Act.
Advokasi Kebijakan Penghapusan Biaya Pemeliharaan Paten pada Entrepreneurial University Mayasari, Ima
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.255-268

Abstract

Advocating for the ellimination of patent maintanance feees in Higher Education, especially for Entrepreneurial Universities (EU), is essential. The number of patents is the primary indicator in determining the most innovative university. Therefore, the Minister of Law and Human Rights in 2020 adapted by issuing Permenkumham 20/2020 concerning Requirements and Procedures for Imposing Certain Tariffs on Patent and Copyright. According to Permenkumham 20/2020, in some instances, tariffs on patent services can be imposed in the amount of zero rupiahs, including for Higher Education. The research problem is How to advocate for a policy to eliminate patent maintenance fees at an EU?. This research aims to analyze Policy Advocacy for the Elimination of Patent Maintenance Fees at EU. This study uses the Advocacy Strategy Framework concept proposed by Coffman. The research employs a qualitative research method. The results of the research show that the Advocacy Strategy Framework regarding the Elimination of Patent Maintenance Costs in Permenkumham Number 20/2020 is carried out through three changes, Awareness, Will, and Action carried out to audiences, namely Public and Influencers; Influencers; Influencers and Decision Makers; and Decision Makers. The researcher recommends to the Ministry of Law to compile a Roadmap and Action Plan regarding Elimination of Patent Maintenance Costs in Policy Products in the form of Ministerial Decrees Law and Human Rights or Decision of the Director General of IP regarding the Roadmap and/or Action Plan regarding this matter.
Public Participation after the Law- Making Procedure Law of 2022 Fahmi Ramadhan Firdaus
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 3 (2022): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.495-514

Abstract

Constitutional Court Decision No. 91/PUU-XVIII/2020 affects Law no. 11 of 2020 concerning Job Creation. More than that, the Constitutional Court’s decision seems to portray the fundamental problems of the law-making process that must be corrected immediately. These problems are, first, the Omnibus method in Law no. 12 of 2011 concerning the Establishment of Legislation. Second, procedural error and a change in the text after the mutual agreement. Third, ignoring meaningful public participation in the formation of laws. This research will focus on correcting the Constitutional Court to the process of law formation to prioritize meaningful participation, not just a mere formality. The legislators then followed up the Constitutional Court’s notes by revising Law no. 12 of 2011 concerning the Establishment of Legislation for the second time become Law no. 13 of 2022, one of the substances of which is to change the provisions of Article 96, which contains the regulation of public participation in the formation of laws. The formulations of the problem raised in this study are: what is the meaning of meaningful public participation in the construction of rules based on the Constitutional Court Decision No. 91/PUU-XVIII/2020, and what is the ideal arrangement in Law no. 12 of 2011 concerning the Formation of Legislations to accommodate meaningful participation in the formation of laws. This study found that Law no. 13 of 2022 cannot accommodate meaningful participation because it is still a right and not an obligation. Then legislators must create information technology-based tools that help increase meaningful participation in law-making.
Model Penguatan Perlindungan Kekayaan Intelektual Komunal: Transplantasi Muatan Kebijakan Termasuk Benefit-Sharing Berbasis Undang-Undang Ni Ketut Supasti Dharmawan; Putu Aras Samsithawrati; Desak Putu Dewi Kasih; Putri Triari Dwijayanthi; I Gede Agus Kurniawan
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.235-252

Abstract

Regulations regarding the protection of communal intellectual property in Indonesia are currently scattered in various regulations that are not explicitly stated in the form of Laws, and do not regulate benefit-sharing comprehensively. The purpose of this research is to elaborate on a protection strengthening model of Communal Intellectual Property based on the transplantation of policy content related to works of tradition, culture, custom, traditional knowledge, genetic resources and potential geographical indications from various existing legal policies and other sources both locally, nationally and internationally into the legal form of a Law, as well as a benefit-sharing regulation mechanism related to the commercial use of Communal Intellectual Property. The research method used is normative legal research with statutory, comparative, conceptual and analytical approaches. The results of the research showed that the current policy regarding Communal Intellectual Property in Indonesia is still in the hierarchy of Regulations of the Minister of Law and Human Rights and Government Regulations, namely Permenkumham 13/2017 and PP 56 of 2022. Several articles in the provisions of statutory regulations on Intellectual Property in Indonesia have regulated Communal Intellectual Property, but its nature is still very general. For stronger protection and legal certainty it is very urgent to regulate the protection policy in the form of a Law through a transplantation model of the substance of existing legal products related to Communal Intellectual Property, as well as strengthening of policy content including benefit-sharing in relation to the commercial use of Communal Intellectual Property.

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