Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol 22, No 2 (2023): PENA JUSTISIA

Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer Of Technology Regulation in Article 7 Trade Related Aspects of Intellectual Property Rights (TRIPs)

Dian Ayu Nurul Muthoharoh (University of Brawijaya)
Yuliati Yuliati (University of Brawijaya)
Afifah Kusumadara (University of Brawijaya)



Article Info

Publish Date
04 Jul 2023

Abstract

The purpose of this study is to analyze the Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer of Technology Regulation in Article 7 TRIPs. This research is normative legal research by prioritizing statutory approaches and historical approach. The results of the study show that Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is not by the mandate of Article 7 TRIPs, and implicated for the absence of government interference in technology transfer especially in the field of patents. The legal policy of establishing Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is influenced by the intervention of other countries and more inclined towards adjusting international trade politics than defending national interests. The most ideal arrangement regarding technology transfer is by the formulation of Article 20 Paragraph (2) Law Number 13 of 2016 concerning Patents, which in essence patents must support technology transfer. Suggestions in this study for the lawmaker should emphasize the necessity for technology transfer in the field of patents through licenses in Indonesian laws and regulations.

Copyrights © 2023






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...