Politik Hukum Kewenangan Pemerintah Daerah dalam Pengaturan Hak Kekayaan Intelektual

Abstract

The objects of protection for intellectual property rights are vary greatly. Along with the development of science and technology, the objects of protection for intellectual property rifghts are developing from time to time. The objects are not only in one place. In Indonesia, the protected potential objects spread in various region. In some IPR branches, one of the reasons in because the communal ownership or the discover is no longer known, the IPR perspective cannot be protected, for example traditional knowledge or medicines. Some ofe the case include piracy of biodiversity from knowledge of traditional Indonesian medicines, namely the patenting of the brotowali plant by Japanes company. On the other hand, the statutory regulations on IPRs have minimal direct authority to local governments regarding IPR protection. Therefore, this normative research with laws and regulations approach exemines legal politics of local government authority in laws and regulations in the field of intellectual property rights. The result is from all of laws and regulations in the field of IPR, explicitly the authority of local government is only regulated in Law Number 20 Year 2016 Concerning on Mark and Geographical Indications. The rest is general in nature, for example the use of the term “state” in the Copyrights Law as the holder of traditional cultural expressions and copyright of works whose creatoris unknown. In fact, in the context of a rule of law, government authority derives from the prevailing laws and regulations, in line with the legality principle which is the basis in every state and government administration.

Tin Exploration and Protection of Local Varieties as Communal Intellectual Property in the Bangka Belitung Islands

“…Regarding intellectual property, from the existing regulations, legal politics in the regulation of IPR does not involve local governments in all branches of IPR. Local governments are involved only in the protection of geographical indications, which are contained in the Trademark and Geographical Indications Law [11].…”

Perbandingan Konstitusi Madinah Dan Konstitusi Amerika Serikat Dalam Politik Ketatanegaraan

“…Menciptakan hukum baru yang sesuai dengan kebutuhan dan perkembangan masyarakat serta pergaulan internasional; dan 5. Penegasan mengenai kewenangan lembaga-lembaga negara yang merumus tujuan hukum nasional, pembuatan hukum dan melaksanakan hukum secara nyata (Darwance, Yokotani, and Anggita 2021).…”

The drafting of village regulations concerning the management of agricultural water resources

“…Indonesia has a variety of uniqueness and is rich in natural resources (Al-Fatih, 2021a;Darwance et al, 2021;Susetyorini, 2019). Since the era of regional autonomy was enacted, the richness of these resources and uniqueness has become the authority and suitable for the regions to manage and utilize them (Ismail, 2020).…”