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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Jatiswara Dialogia Iuridica
Dwi Martini
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Law, Crime, Criminology & Criminal Justice

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THE FULFILLMENT OF ECONOMIC AND MORAL RIGHTS OF INDIGENOUS PEOPLES ON TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS THROUGH INDONESIA'S TPR's SYSTEM Dwi Martini
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 3 (2014): PLURALISME HUKUM
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.419 KB) | DOI: 10.12345/ius.v2i6.181

Abstract

Economy and moral rights are the part of basic human rights entitled to the proprietor of theintellectual property that must be full filed by the state, to meet the requirements of Constitution.Similar treatment must be provided by the state to economic and moral rights of indigenouspeoples on their own Intellectual Property, in the form of Traditional Knowledge and TraditionalCultural expressions as described in Article 18 b of the Constitution of 1945 “The state recognizesand respects the customary law community units including their traditional rights as long as itexists and in accordance to society development and principles of Unitary State of The Republicof Indonesia, as stated by the Law.”. Fulfilment of these rights through modern TRIPs-WTOIPRs regime brings about legal problems, considering their different character, where individualand commercial character of modern IPRs contradicts the communal and non-commercialcharacter of Traditional Knowledge and Traditional Cultural Expression. On the other hand,to get modern IPRs protection, Traditional Knowledge and Traditional Cultural Expressionmust meet particular conditions such as originality/ novelty, inventive step and applicable toindustry which indeed unable to fill due to its anonymous inventor, developed and bequeathedfrom generation to generation and is not intended specifically for industrial/commercial purpose.Keywords: Rights, Indigenous Peoples
Kajian Yuridis Terhadap Kegiatan Penanaman Modal Dalam Bidang Perhotelan Di Kabupaten Lombok Barat Dwi Martini
Jatiswara Vol 27 No 1 (2012): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.121 KB)

Abstract

This reseach is a normative – empirical type of reseach concerning “Legal study of direct investment related to hospitality business in Lombok Barat Regency”. This reseach is made to find out and analyze investment policies related to hospitality business existing in Lombok Barat regency and to find out the contribution of these policies to encourage the development of local investment. The reseach result shows that there are several Law and regulation existing as policies made by local government to rule direct investment specially hospitality business in their area such as local law, The decision of the head of the regency, The decision of the head of Investment coordinating body eventhought none of these policies specifically rule investment in hospitality business. Contributions of these policy to encourage the development of investment in hospitality business could be seen from the increase number of hospitality business investment year to year from year 2007-2011. Investment policy that formulated by local government has adjusted to Investment Law number 25 of 2007 concerning Investment such as the implementation of non-discrimination principle by giving an equal treatment toward domestic and foreign investment, mentioning the right, obligation and responsibility of the investors also giving investment facilities and incentives. In the other side it still necessarry to make some changes for the perfection of those local policies specially to shorten the bureaucracy line and to support the implementation of investment guidance, control and supervision.
Pembaharuan Hukum Kekayaan Intelektual Indonesia dalam Perspektif Pemberdayaan Perempuan Adat (Studi di Pulau Lombok) Budi Sutrisno; Dwi Martini; Ahmad Zuhairi; Yudhi Setiawan
Dialogia Iuridica Vol. 13 No. 2 (2022): Journal Dialogia Iuridica Vol 13, No.2 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v13i2.4180

Abstract

One of the issues that requires adequate attention in IP law framework is the empowerment of adat communities especially women. As they highly depend on various forms of communal Intellectual Property conceived and nurtured in their communities. This research formulate questions related to the form of Indonesia's IP law reformation and how is the contribution of the reformation to the empowerment adat women of Lombok island. Applied research method is normative-empirical legal research method. It combines primary legal material in the form of literatures with secondari legal materials, in the form of in-field data that collected through observations and interviews with informants. research result indicates that reformation has been conducted in the field of Copyright, Patent and Trademark. The most important part of the reformation is that those laws accomodate the protection and acknowledgement of communal IP. Lombok's adat women empowerment has not maximally conducted due to the lack of coordination among related institutions as well as lack of socialization on the importance of IP protection. An appropriate arrangement of communal IP is the main condition to empower Lombok adat women, considering that it is the closest and most accessible resource for them.   Keywords: Reformation, law, intellectual, property, women
Co-Authors Ahmad Zuhairi Budi Sutrisno Yudhi Setiawan