Quo Vadis Traditional Cultural Expressions Protection: Threats from Personal Intellectual Property and Artificial Intelligence

The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence.

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Biopiracy and the Regulatory Framework for Material Transfer Agreements in Indonesia

Masrur,

Yulia,

Zainol

et al. 2024

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Biopiracy, the misappropriation of biological and genetic resources including the ones related to traditional knowledge, is a major challenge to some of the world’s megadiverse countries. Indonesia has been a major victim of biopiracy, facilitated by the current patent system. This article examines the case of Indonesia, the second richest of the seventeen identified megadiverse countries. The patent system aims to protect the rights of inventors, but the patent system causes injustice in cases of biopiracy. This research aims to analyse the Indonesian government's policies in dealing with biopiracy cases in Indonesia. This research is a normative legal research which uses the approaches of national and international law, biopiracy case, and conceptual. The Indonesian government has changed the patent law to deal with biopiracy cases through Law Number 13 of 2016 concerning Patent disclosure requirements and has also introduced the Material Transfer Agreements (MTAs) in 2009 to address this problem. They can help in controlling access to the country’s resources based on prior informed consent, promoting collaboration between local and foreign researchers, and ensuring benefit-sharing. However, the realization of these objectives may be undermined by the country’s lack of capacity to monitor compliance with the MTA conditions, the inappropriate use of Intellectual property rights (IPRs), and MTA provisions that allow recipients to transfer material and derivatives to third parties without the country’s consent.

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Quo Vadis Traditional Cultural Expressions Protection: Threats from Personal Intellectual Property and Artificial Intelligence

Cited by 4 publications

References 28 publications

Boosting and Protecting Balinese Communal Intellectual Property in Digital Tourism: Why We Need Practical Guideline?

Boosting and Protecting Balinese Communal Intellectual Property in Digital Tourism: Why We Need Practical Guideline?

Guidelines for Implementing Imprisonment Sentences with Single Formulation (A Critique of Book I of the National Criminal Code)

Biopiracy and the Regulatory Framework for Material Transfer Agreements in Indonesia

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