Adoption of the Value of Justice in National Food Law

Indonesia is a country that has abundant natural resources; unfortunately, some areas are vulnerable to food insecurity. Such conditions indicate that food development has not reflected justice for the community. This study aims to examine the value of justice in the fulfillment of the right to food. This research applied the statutory approach, the conceptual approach and the philosophical approach. The fulfillment of the right to food for all Indonesians is an obligation of the state, therefore; the values of justice need to be put forward in order to realize national food sovereignty. Social justice is the focus for the direction of development policies to achieve the community welfare. Legal arrangements are needed in the development of food law, such as by drafting laws and regulations in the food sector based on Pancasila values and the constitution, changing the paradigm of food development to food sovereignty, using international legal instruments on food that have a positive impact on people's welfare, and diversifying food as a support for food sovereignty

Optimizing Protection of Geographical Indications in Indonesia by Special State Agency

This study aims at analysing special state agency in order to optimize the protection of geographical indications. The agency plays crucial role in supervising the use of geographical product. The protection of geographical indications in France has been well-developed because it is not only supported by comprehensive regulation but also by special agency called INAO which is based on special regulation formulated by European Community Countries to protect product trademark including AOC/PDO and PGI. INAO is an independent public organization which is controlled by citizen and work together with professional organization in wine beverage industries and food product and it is supported by National Committee chaired by professionals. Indonesia with its natural resources should be protected as geographical indications. Therefore, there must be special state agency for comprehensive and optimum protection. This study employs normative method and comparative approach to France. Keywords: geographical indications, INAO, French, TRIP’s agreement DOI: 10.7176/JLPG/82-1

PENGABDIAN MASYARAKAT MELALUI SOSIALISASI URGENSI MEREK BAGI USAHA MIKRO, KECIL MENENGAH DI DESA SUMBEREJO KABUPATEN LAMPUNG TIMUR

Community service focuses on outreach activities regarding the urgency of the trademark for UMKM, especially in Sumberejo Village, East Lampung Regency. The community, especially the women of the recitation group in the village, started the business of making soap from the waste that was around them, namely used cooking oil. The soap product is expected to have a brand so that it will increase selling value, facilitate promotion, guarantee product quality, and show the origin of the product. The purpose of carrying out community service activities is to make the community economically empowered with products that have markings to distinguish goods produced in trading activities. The implementation of community service uses the lecture method to convey socialization material about the urgency of the trademark for UMKM, after that a discussion is held in the form of questions and answers with the audience. The output of this activity is to increase public understanding of the urgency of trademark  on products and the public to have registered trademark  for their products

Fairness in fair dealing on the industrial design protection

Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial design law, so that it can be used as guidelines for the right holders and the public so they not violate the Industrial Design Law and this Law can also be used to advance the welfare of society. This study is normative legal research by using statute and conceptual approaches. While material used for this study are primary and secondary legal materials. This study found that fairness in the fair dealing in the protection of industrial design can be achieved in the form of fulfilment of balance rights between the designer’s right and society. Fairness for both is if between the right holder and society have the opportunities to use and enjoy available industrial design. Industrial design rights holders have limited monopoly rights and the public has the opportunity to use the results of industrial design in a limited manner for their welfare. This is in line with what Aristotle said that justice is given in accordance with values or propriety that is not the same

The Optimization of Geographical Indication Protection in The Realization of National Self-Sufficiency

Any products of origin with their reputation, quality, and characteristics provide various benefits for their producers and consumers. The producers can have economic, ecological, socio-cultural, and legal benefits. The consumers can hold product quality and guarantee of origin, as well as legal guarantee for counterfeiting product. The study focused on the optimization of economic benefits in the protection of Geographical Indication. Producers do not immediately receive these benefits because they are related to the starting point for registration of different geographical indications among products. The purpose of this study is to formulate a strategy to maximize the benefits of geographical indications for producers, especially in the economic field. The study employed socio-legal research method. The primary data consisted of interviews; and the secondary data was composed of legislation, literature, and proceedings. The study concluded that the improvement of national welfare and self-sufficiency could be enhanced by arrangement of production system, control method, compliance to the document of geographical indication, and guidance and supervision of the Regional Government.Optimalisasi Perlindungan Indikasi Geografis dalam Mewujudkan Kemandirian BangsaAbstrakBarang berbasis wilayah dan/atau produk asal yang memiliki reputasi, kualitas dan karakteristik memiliki berbagai manfaat baik bagi produsen maupun konsumen. Manfaat bagi produsen termasuk manfaat ekonomi, ekologi, sosial-budaya dan hukum, sementara manfaat bagi konsumen termasuk kualitas produk dan jaminan asal serta jaminan hukum untuk produk pemalsuan. Fokus utama dari penelitian ini adalah optimalisasi manfaat ekonomi dalam perlindungan Indikasi Geografis. Manfaat ini tidak langsung dirasakan oleh produsen karena terkait dengan maksud dan tujuan pendaftaran indikasi geografis yang berbeda antar produk. Tujuan dari penelitian ini adalah untuk merumuskan strategi untuk memaksimalkan manfaat indikasi geografis bagi produsen,  serta mendalami konteks yang mempengaruhi  pelaksanaan hukum terkait manfaat indikasi geografis pasca pendaftaran.  Metode penelitian yang digunakan adalah penelitian sosial-hukum dengan data primer melalui wawancara dan data sekunder yaitu undang-undang, literatur, prosiding. Hasil penelitian memperlihatkan bahwa perlu mengatur sistem produksi, metode pengendalian, kepatuhan sesuai dengan dokumen indikasi geografis dan bimbingan serta pengawasan Pemerintah Daerah sehingga dapat meningkatkan kesejahteraan masyarakat dan mewujudkan kemandirian bangsa.Kata kunci: indikasi geografis, kemakmuran nasional, manfaat ekonomiDOI: https://doi.org/10.22304/pjih.v7n1.a

Fairness in Fair Dealing on the Industrial Design Protection

Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial design law, so that it can be used as guidelines for the right holders and the public so they not violate the Industrial Design Law and this Law can also be used to advance the welfare of society. This study is normative legal research by using statute and conceptual approaches. While material used for this study are primary and secondary legal materials. This study found that fairness in the fair dealing in the protection of industrial design can be achieved in the form of fulfilment of balance rights between the designer’s right and society. Fairness for both is if between the right holder and society have the opportunities to use and enjoy available industrial design. Industrial design rights holders have limited monopoly rights and the public has the opportunity to use the results of industrial design in a limited manner for their welfare. This is in line with what Aristotle said that justice is given in accordance with values or propriety that is not the same