Rory Jeff Akyuwen
Fakultas Hukum Universitas Pattimura

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Journal : SASI

Legal Implications of Foreign Investment Relating to Technology Transfer in the Patent Regime Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Theresia Nolda Agnes Narwadan
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.829

Abstract

Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy.Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.
Refund Akibat Pembatalan Tiket Pesawat sebagai Dampak Pandemi Covid-19 Rory Jeff Akyuwen
SASI Vol 27, No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.545

Abstract

As a result of events experienced by almost the entire world, namely the outbreak of the Covid-19 pandemic which caused almost all public facilities for sea and air transportation to be closed unilaterally by the local government, one of which is that airlines unilaterally cancel airplane tickets to consumers due to the outbreak of the Cocid-19 pandemic. The purpose of this study is to examine the impact that occurs on flight ticket cancellations due to the Covid-19 pandemic. The research method used in this research is normative legal research which is descriptive analysis based on secondary data. The results show that transportation policies during the Covid-19 pandemic have been regulated in laws and regulations related to transportation control in order to prevent the spread of the Covid 19 Virus which has an impact on the unilateral cancellation of airplane tickets by airlines as the reason for Force Majeure because it is a non-natural event. which is unexpected, so this is the responsibility of the airline as a business actor for compensation to consumers for cancellation of plane tickets due to the Covid 19 pandemic on a refund in the form of a full refund (100%) or in the form of airplane ticket vouchers.
Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Ronald Saija; Fransiscus X. V. R Letsoin; Rory Jeff Akyuwen; Pieter Radjawane
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Abstract

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.
PELAKSANAAN HAK MONOPOLI OLEH BADAN USAHA MILIK NEGARA DI INDONESIA Rory Jeff Akyuwen
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.180

Abstract

Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.
KRITERIA BADAN USAHA MILIK NEGARA YANG DIBERIKAN HAK MONOPOLI DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA Rory Jeff Akyuwen
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.166

Abstract

Analysuing the position of monopoly State-Owned Enterprises in the perspective ofbusiness competition law which could potentially give rise to barriers in business competitionin particular concerning control over production branches are considered important andmaster his life much. Though it is excluded in law number 5 of 1999 concerning theprohibition of Monopolies and Anticompetitive Business practices are unhealthy, but thatshould not be considered a monopoly owned by the State-Owned Enterprises at the same timehave the power over the market, and all the power over its own market not obliging him tocarry on the practice of healthy competition. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.
Perlindungan Pengetahuan Tradisional Secara Sui Generis Untuk Menyongsong Masyarakat Ekonomi Asean Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
SASI Vol 24, No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i1.113

Abstract

At this time the Asean Economic Community is being held which is a free trade system in ASEAN Countries (Asean Economic Community), so that traditional knowledge is important to be protected by sui generis in Indonesia which causes the absence of legislation who specifically regulates traditional knowledge because it deals with the transfer of technology, economic development and national honor, and attracts investors in the field of research development in Indonesia, one of the countries that has natural resources and human resources in resulting in a variety of traditional knowledge as a feature of local wisdom, traditional knowledge has a very strategic value to be protected by sui generis in the field of intellectual property as a nation's intellectual work. Protection of traditional knowledge requires regulations in order to regulate the use of sharing benefits that are balanced and equitable for people who have the right to traditional knowledge. The current application of the IPR regime is not optimal in its application to protect traditional knowledge especially regarding traditional medicine against violations committed by foreign countries. The impact of legal protection on traditional knowledge is known to other countries, especially the ASEAN Economic Community as a society that values and utilizes traditional knowledge as an increase in regional income.
Copyright Legal Responsibility for Illustrated Literary Works (Comics) Published on Online Sites Without Author's Permission Rory Jeff Akyuwen; Muchtar Anshary Hamid Labetubun; Alvian Febriawan Pane
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1354

Abstract

Introduction: Comics are also creations that are equally important in the copyright protection system. This is because the importance of protecting comics is not only related to the development of human culture and civilization, as well as supporting economic progress, but can also stimulate the creativi ty of creators with the existence of a comic copyright protection law.Purposes of the Research: Focuses on legal responsibility for comics that are published without permission from the creator, analysis of regulations and legal sanctions obtained for the creatorsParties who violate the copyright of comics by using online sites to take action against them.Methods of the Research: Using normative juridical research methods, or in other words normative legal research.Results of the Research: The results of this study are that the legal liability of parties or actors who publish copyrighted comics on online sites without the permission or approval of the Creator/Copyright Holder is civil and criminal liability, in civil liability, can be sued for compensation and in criminal liability. Legal protection for creators/copyright holders in the event that their comics are published on online sites without the consent of the copyright holder has the right to take legal action through litigation and non-litigation. These legal efforts are criminal and civil legal efforts.