Articles
ENCOURAGING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS TO "OIL MANDAR" IN THE GEOGRAPHICAL INDICATIONS REGIM
Paserangi, Hasbir
Awang Long Law Review Vol 1 No 1 (2018): Awang Long Law Review
Publisher : STIH Awang Long Samarinda
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Oil mandar or "lomoq mandar" is one of the processed products of coconut that has a fragrant and distinctive aroma. In addition to the distinctive aroma, this oil also has a longlasting resistance that can be stored for more than a year, even without the use of synthetic chemical preservatives. Although this oil is traditionally processed, but this oil is not less competitive with the production of palm oil manufacturers. On the Polewali-Majene axis road we will find a cluster of palm trees waving palm, a familiar scene in the eyes of locals who are the main producers of coconut cooking oil. The geographical and socio-cultural conditions that support make this plant very strategic to be developed. So naturally if this area is held as a coconut producing center in West Sulawesi. Polewali Mandar area as an area that has huge natural resources, one of them is coconut fruit with "Mandar Oil" product, of course have big importance to this problem especially in strengthening people economy so that local government must take an active role to realize legal protection effort in the Geographical Indication regime as stipulated in Government Regulation no. 51 of 2007 About Geographical Indications. The diversity of natural resources in Polewali Mandar is a great God's gift to the Mandar people, most of whom are Mandar Craftsmen other than Fishermen, Silk Woven craftsmen, and Chocolate producers (cocoa). The existing condition has the potential to gain enormous economic benefits when developed and managed commercial and planned. Protecting the potential of existing resources can also increase the source of community income. The form of effort that can be done by local government with Mandar society in protecting Mandar Oil product is by applying Intellectual Property Right registration in Geographical Indication regime to Directorate General of Intellectual Property Rights in Jakarta.
PROVISIONS FOR WRITING NUMBERS IN NOTARY DEED
Sitti Putri Utami;
Nurfaidah Said;
Hasbir Paserangi;
Muhammad Ilham Arisaputra
Surakarta Law and Society Journal VOL. 3 NO. 1 AUGUST 2020
Publisher : Universitas Surakarta
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DOI: 10.32019/slsj.v3i1.479
Purpose this research is to discuss about provisions for writing numbers in a notary deed. The result indicated that is in principle, the deed contains the statements and wishes of the parties before the Notary which are set forth in writing. Therefore, according to the author, the contents of a deed are basically writings which are the wishes of the parties. Decree of the Minister of Education and Culture of the Republic of Indonesia Number 054a /U/1987 stipulates that numbers do not need to be written with numbers and letters at the same time in the text, except in official documents such as deeds and receipts. Because deeds made by notaries are official documents which are state archives, the writing of numbers in the notary deeds follows the ministerial decree. Based on the provisions above, if there is a difference between the writing of numbers and the writing of letters (text or spelled out) in a deed, then what is followed is the one written completely in letters. Likewise, if the deed is used as evidence, the judge must follow what is written in full in letters. Keywords: Notary, deed, numbers.
HARMONISASI HUKUM HAK CIPTA PROGRAM KOMPUTER DENGAN KULTUR HUKUM MASYARAKAT INDONESIA
Hasbir Paserangi
Masalah-Masalah Hukum Vol 40, No 3 (2011): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro
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DOI: 10.14710/mmh.40.3.2011.313-324
Indonesia, being a part of international community, cannot neglect the existence of international law . Indonesia, as a consequence, should harmonize international law within municipal law. It also should be done on the rules relating the protection of intellectual property rights. This rules is sourced from international conventions.Implementation of intellectual property right protection ,actually sources from state practice. Relating with it then, the implementation of intellectual property right protection should in-line with the values of nation.
Perlindungan Hukum Hak Cipta Software Program Komputer di Indonesia
Hasbir Paserangi
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 (2011): Edisi Khusus Vol. 18 Oktober 2011
Publisher : Fakultas Hukum Universitas Islam Indonesia
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The problem in this research is on how far Act No. 19 of 2002 on Copyright reflects the principles provided in TRIPs. Can this Act on Copyright be in synergy with the structure and legal culture of Indonesian society in order to create a legal system which can generate justice, benefit, and legal certainty? How is the form of copyright enforcement in computer software can create an effective legal protection. This is a normative legal research using some approaches which are statute approach, conceptual approach, and comparative approach. While empirical legal research uses sociological approach.The result of this research shows that principles and provisions in TRIPs related to copyrights had been adopted in Act No. 19 of 2002 on Copyright. The concept of Intellectual Property Right is not yet in synergy optimally with culture and legal awareness of Indonesian society. Legal enforcement procedure on copyright in various countries has some similarities which generally includes private procedure and criminal procedure and administrative procedure.
Prinsip Kepatutan Pembiayaan dengan Jaminan Fidusia
Fadlia Widhaswara;
Nurfaidah Said;
Hasbir Paserangi
Jurnal Mulawarman Law Review VOLUME 4 ISSUE 2 DECEMBER 2019
Publisher : Faculty of Law, Mulawarman University
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DOI: 10.30872/mulrev.v4i2.70
Asas kepatutan dalam sebuah perjanjian memengang peran penting dan menjadi salah satu syarat sahnya perjanjian. Dalam pelaksanaannya, mewajibkan para pihak mengindahkan kepatutan dan kepantasan sehingga menciptakan rasa keadilan dalam masyarakat. Penelitian ini merupakan penelitian hukum empiris (empirical research). Penelitian ini akan dilakukan di Kantor Notaris/PPAT di Kota Makassar dan Pembiayaan Konsumen di Kota Makassar. Populasi dalam penelitian ini adalah Notaris/PPAT di Kota Makassar, Pembiayaan Konsumen, dan para pihak dalam Perjanjian. Penentuan sampel dilakukan dengan teknis purposive sampling. Hasil penelitian menunjukkan bahwa pemberian kuasa dari konsumen sebagai debitor kepada perusahaan pembiayaan sebagai kreditor merupakan inisiatif dari satu pihak saja yakni kreditor. Hal ini jelas tidak memenuhi asas kepatutan dalam Pasal 1339 KUHPerdata, karena dalam pelaksanaannya konsumen sama sekali tidak mengerti bahkan tidak mengetahui apa yang menjadi isi dari Akta Jaminan Fidusiayang telah mengikat dirinya sebagai pemberi fidusia. Untuk memenuhi asas kepatutan, sebaiknya pengunaan Surat Kuasa untuk Kuasa yang digunakan untuk pemberian jaminan fidusia haruslah ditiadakan.
PERLINDUNGAN HUKUM BANK SYARIAH SEBAGAI KREDITUR ATAS COVERNOTE NOTARIS PADA PEMBIAYAAN MURABAHAH
Tiara Aisyah;
Hasbir Paserangi;
Muhammad Ilham Arisaputra
El-Iqthisadi Volume 4 Nomor 2 Desember 2022
Publisher : Jurusan Hukum Ekonomi Syariah Fakultas Syariah dan Hukum Uin Alauddin Makassar
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DOI: 10.24252/el-iqthisady.vi.33611
Abstract This study aims to analyze the Legal Protection of Islamic Banks as Creditors for Notary Covernotes with Problems in Murabahah Financing, where banks as creditors in using notary covernotes as one of the considerations in disbursing murabaha funds must pay attention to the application of the precautionary principle and when the notary's covernote and what kind of efforts can be made by banks as creditors for Covernote which have problems in murabahah financing. This research uses the type of empirical legal research, this research uses field data as the main data source, such as the results of interviews. The results of the study show that the application of the prudent principle plays an important role in the banking system because it is used as indirect protection by the bank for the interests of depositors and their deposits at the bank. This principle is used to prevent the risk of loss arising from a policy and business activities carried out by a bank. Bank's efforts as a creditor for a notary's covernote that has problems in murabahah financing, when a notary's covernote has problems that make credit or customer financing also problematic, the bank uses efforts, namely through litigation and non-litigation processes, to a notary whose covernote is problematic and results in losses for the bank, the efforts made by the bank namely the bank will ask the notary to complete what is stated in the covernote or improve the covernote, if this does not get results then the bank will report the notary to the Regional Supervisory Council. Keywords: Covernote, Default, Murabahah Financing.
KETAATAN HUKUM MASYARAKAT MAKASSAR DALAM PENERAPAN PROTOKOL KESEHATAN COVID-19
Mutiara Sagita J;
Hasbir Paserangi;
Wiwie Heryani
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang
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DOI: 10.31933/unesrev.v5i4.544
The Makassar City Government has carried out government functions by demonstrating the realization of measurable programs and regulations in handling the Covid-19 pandemic in Makassar City. Several strategic steps have become examples for other local governments, such as procuring isolation places on ships in collaboration with PT—Indonesian National Shipping (Pelni) for Covid patients in the mild category. The level of legal compliance of the people in Makassar City in implementing health protocols as an Effort to Prevent and Control Corona Virus Disease in 2019, the majority are at the Compliance level (fulfillment of wishes) due to fear of being penalized. At the identification level, namely, compliance to maintain good relations with enforcement officials law enforcement, some of them have law enforcement relatives, and very few are at the level of internalization who comply with the rules because they know the purpose of the regulations for implementing health protocols and know the dangers of transmitting the Covid-19 virus. Factors that become obstacles in implementing health protocols in handling the Covid-19 pandemic are a) Community saturation factor. b) The inconvenience factor of using a mask. c) The factor of public knowledge of the dangers of Covid-19 is limited
PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL MINYAK KELAPA MURNI (VIRGIN COCONUT OIL) BONE DALAM PERSPEKTIF INDIKASI GEOGRAFIS
Irma Nur Yumna;
Hasbir Paserangi;
Marwah Marwah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang
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DOI: 10.31933/unesrev.v5i4.728
Protection of the laws of intellectual property of the coconut oil bone in a geographical point of view (guided by paserangi and marwah). The purpose of this study is: to know, understand and analyze (i) how the character is present in pure bone coconut oil (vco) so that it is potentially protected intellectual property rights (geographic indications) and (ii) to know, understand and analyze the efforts of local governments and communities in promoting the legal protection of pure bone coconut oil (VCO). The kind of research carried out using empirical research methodology conducted interviews with primary source of information and data collection of craftsman ( vco ) pure coconut oil, the district government bone and the ministry of justice and human rights south sulawesi. The results of this study show that: (i) pure coconut oil ( vco) bone potential to register geographical indications for having a reputation, the quality and characteristic of its distinctive flavor.Based on a pure coconut oil laboratory test ( vco ) bone meets 5 (five) parameters to register geographical indications, which is the content of 81854 fatty acid, peroxide number 0.4996, Burial number 210.92 mg koh/gr, shit number 0.0002 %, and water number 0.1908 %. The government of the bone district is expected to make an effort to register geographically on pure coconut oil (Vco) as a step in order to obtain legal protection and legal certainty as well as to obtain exclusive rights and economic benefits, As set up in the 20-year law of 2016 about brands and geographical indications.
ENCOURAGING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS TO "OIL MANDAR" IN THE GEOGRAPHICAL INDICATIONS REGIM
Paserangi, Hasbir
Awang Long Law Review Vol. 1 No. 1 (2018): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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DOI: 10.56301/awl.v1i1.13
Oil mandar or "lomoq mandar" is one of the processed products of coconut that has a fragrant and distinctive aroma. In addition to the distinctive aroma, this oil also has a longlasting resistance that can be stored for more than a year, even without the use of synthetic chemical preservatives. Although this oil is traditionally processed, but this oil is not less competitive with the production of palm oil manufacturers. On the Polewali-Majene axis road we will find a cluster of palm trees waving palm, a familiar scene in the eyes of locals who are the main producers of coconut cooking oil. The geographical and socio-cultural conditions that support make this plant very strategic to be developed. So naturally if this area is held as a coconut producing center in West Sulawesi. Polewali Mandar area as an area that has huge natural resources, one of them is coconut fruit with "Mandar Oil" product, of course have big importance to this problem especially in strengthening people economy so that local government must take an active role to realize legal protection effort in the Geographical Indication regime as stipulated in Government Regulation no. 51 of 2007 About Geographical Indications. The diversity of natural resources in Polewali Mandar is a great God's gift to the Mandar people, most of whom are Mandar Craftsmen other than Fishermen, Silk Woven craftsmen, and Chocolate producers (cocoa). The existing condition has the potential to gain enormous economic benefits when developed and managed commercial and planned. Protecting the potential of existing resources can also increase the source of community income. The form of effort that can be done by local government with Mandar society in protecting Mandar Oil product is by applying Intellectual Property Right registration in Geographical Indication regime to Directorate General of Intellectual Property Rights in Jakarta.
THE APPLICATION OF ACCOUNTABILITY PRINCIPLES IN THE PROVISION OF FREE EDUCATION IN GOWA REGENCY
RATIH ISTIQOMAH RAUF;
HAMZAH HALIM;
HASBIR PASERANGI
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long
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The purpose of writing this paper is to analyze the principle of accountability in the provision of free education Gowa Regency Regulation Number 4 of 2008 and Gowa Regency Regional Regulation Number 9 of 2013. This study uses a sociojuridical research type, using a statutory approach and a conceptual approach. The data used are primary data and secondary data obtained through interviews and literature study, the data collected is then analyzed qualitatively. The results of the study indicate that the principle of accountability as one of the main principles of good governance has been implemented by the Gowa Regional Government in providing free education in Gowa Regency. This is evidenced by the existence of the Gowa Regency Regional Regulation Number 4 Year 2008 concerning Free Education and the Gowa Regency Regional Regulation Number 9 Year 2013 concerning Amendments to the Gowa Regency Regulation Number 10 Year 2009 concerning the Compulsory Education Program, the two provisions of the legislation in the form of Regional regulations and Regent's Regulations have become a guarantee of accountability for the provision of free education in Gowa Regency.