This study aims to determine how the requirements for transferring economic rights to copyright optimization as a Fiduciary Guarantee in increasing business productivity, how to determine the economic value in optimizing Copyright as Fiduciary Guarantee in increasing business productivity, and what are the roles and responsibilities of a Notary in making a Guarantee Act. Fiduciary on Copyright in increasing business productivity. The theory used is utility / utilitarianism theory, reward theory, legal certainty theory, and legal responsibility theory. The results of the study show that copyright can be an object of Fiduciary Guarantee due to exclusive rights, namely economic rights owned by the copyright owner. The method used is a normative legal research method. Techniques for studying and analyzing legal materials are using documentary studies. The results of the research show that copyright can be used as an object of Fiduciary Security because copyright is a movable object that is not tangible and that can be transferred to only economic rights to be guaranteed. The requirements for the transfer of economic rights follow the procedures stipulated by UUJF. The current method of assessing the economic value of a Copyright is by using quantitative methods. It consists of a market approach, an income approach and a cost approach. The role of the notary in this case in making the fiduciary guarantee deed has been mentioned in Article 5 paragraph (1) of the UUJF and is based on the responsibilities in effect since taking the oath of office as regulated in Article 65 of the UUJN. Notaries do not participate and are responsible for determining the economic value of a copyright. This is the duty and authority of the Appraisal Agency.
This research was carried out with the aim of knowing the nature of parallel imports, regulations in optimizing parallel imports of pharmaceutical patent products and strategies for using parallel imports in pharmaceutical patent product inventions in Indonesia. This research uses a normative type of research by utilizing a legal research approach and a conceptual approach. The results of this study, namely: 1) Parallel import is an activity of importing patent protected inventions without third party permission to the inventor/patent holder so that the patent holder cannot enjoy the incentives for the exploration process by a third party. This activity is carried out because it is crucial and fundamental in nature, namely the interests of health and is related to human life. This activity is to ensure a reasonable price and fulfill a sense of justice for essential pharmaceutical inventions that are very much needed by humans and can cure diseases. The implication is the lack of a sense of justice for the inventor/patent holder and the inventor/patent holder cannot enjoy the maximum economic benefits and exclusive rights over the third party invention exploration process. However, there are exceptions to minimize losses for inventors/patent holders, namely the doctrine of national exhaustion (earning royalties and economic benefits from the first sale) which upholds Article 19 of Law no. 13 of 2016. 2) importers are required to fulfill administrative requirements such as distribution permits, pharmaceutical industry permits from abroad and SKI Border or Post Border. Regulation of parallel import pharmaceutical inventions is regulated in the TRIPs Agreement, Law No. 13 of 2016, Law no. 36 of 2009, Law no. 17 of 2006, Regulation of the Minister of Trade of the Republic of Indonesia Number 17 of 2021, Law of the Republic of Indonesia Number 20 of 2014, BPOM Regulation Number 15 of 2020 and PerKa BPOMRI Number 24 of 2017. 3). Parallel import strategy for patent pharmaceutical inventions with an obligation to importers to complete administrative requirements to prevent misuse of parallel imports, and in accordance with the provisions of Article 167 letter (a) which states a price determination in order to obtain cheaper prices in the international market and reduce competition. healthy so that consumers can get fair prices and create a sense of justice, adhere to the national doctrine of exhaustion which pays attention to the interests of inventors, and imports in reasonable quantities to foster a sense of justice between inventors and importers.
This study aims to determine and understand the procedures for dispute resolution through arbitration in foreign investment (PMA), and how the development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in foreign investment (PMA). This research utilizes normative juridical legal research. This study uses a statutory, historical, and conceptual approach. The findings show that the procedure for disputing resolution through arbitration in foreign investment (PMA) has been confirmed in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The development of arbitration is in accordance with positive knowledge and law in relation to dispute resolution in Foreign Investment (PMA), that investors, in this case, not all of them are able to have a positive impact on the progress of society and the Indonesian government, the legal process of arbitration in resolving disputes in foreign investment (PMA) is far from perfect words.
This work is aimed at creating legal certainty sharia compliance arrangements in sharia banking law systems. This idea is highly required to improve the credibility of the sharia-based business activities. Certainly, this study is relevant to solve some normative problems in regulating and managing of the sharia banking activities, particularly regarding sharia compliance. In detail those normative problems can be seen from the inconsistence and ambiguous norms, conflicted norms and legal vacuum in regulating sharia compliance principle. To visualize and elaborate the above issues, these works apply normative legal research, where all data are collected through intensive and extensive literature review. Those data will be analysed by philosophical, statute and conceptual approach. The core issues that will be elaborated in this work are: (i) formulating Islamic values to the some relevant sharia banking law principles; (ii) some normative problems construction of sharia compliance principles in sharia banking law systems; (iii) reconstructing of regulating sharia compliance principles to creating legal certainty. At the end, this work will offer appropriate model in coherence those normative problems in order to creating legal certainty in managing and regulating sharia banking law.
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