Patents in Indonesia and Effect for Economic Development in the Era of Global
JOURNALS of Humanities and Cultural Studies
Journal of Forensics and Networks Investigations R&D chez JOURNALS OF SCIENTIFCS R&D
Ikhsan Yusda PP
Dept. of Information Technology, Politeknik Negeri Padang, Indonesia.
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
Patents in Indonesia and Effect for Economic Development in
the Era of Global
Ikhsan Yusda PP
Dept. of Information Technology, Politeknik Negeri Padang, Indonesia.
Abstract: Implementation of the legal protection of intellectual property has become a central
international attention, particularly in countries forward. Intellectual property has become the
economic engine of the world in promoting economic growth and improving the welfare of the
people's living standards. Application of the law has been used as a tool of economic
development. Seriousness of government in the implementation of the law of intellectual
property rights becoming one of the main aspects of the consideration for prospective foreign
investors to invest in that country. This is understandable, because the issue of intellectual
property rights, especially patents directly related to the technology. Law enforcement in the
field of intellectual property rights is still weak in Indonesia, including the province of West
Sumatra to be further improved in the future. West Sumatra region should be able to speak at
national and even international level in terms of development and advancement of intellectual
property rights.
Keywords— Intellectual Property Right, Economic Development, Globalization.
https://jrsdjournal.wixsite.com/humanities-cultural 1
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
I. PRELIMINARY
Intellectual property rights or intellectual property rights
1. Copyright.
2. Patent.
3. Brand (
Developments in science and technology is very fast and amazing millennium era, all
three
In the field of patents, for example, various technological advances in the industry that
help humans in performing daily tasks, such as; spacecraft, automotive, medical devices,
pharmaceuticals, and others.
Various brands of goods and services telasumen in dropping his choice to have a good
product or service, such as; TV brand Sony, Nokia brand mobile phone, and so forth. Those
brands have a very close relationship with the quality of goods or services produced. And the
brand has a very important role in the promotion of the goods or services.
https://jrsdjournal.wixsite.com/humanities-cultural 2
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
II. DISCUSSION
A. History of Intellectual Property Rights
1. Ancient Times
The history of intellectual property rights has been going on for a long time. But the international
community of recognizes that property rights that are different from property rights to objects
The duration of this recognition process due to the factor is not conscious people at that
time about the inherent nature of the intellectual property rights, because they do not recognize
property rights in any other form, unless the objects or goods.
In ancient and medieval times
Is ''Corpus Juris'' who noticed the new title that is a creation in the form of writing or
painting on paper. But that view is not up to the distinction between real objects
The term immaterielles Eigentum this is now referred to as intellectual property rights
In medieval times
So, at this time works of human creativity were regarded as an incarnation of God's
creation, so its presence in the midst of society regarded as copyright works that no man or
"anonymous".
2. The Privileged (
What is meant by the term of the rights or PRIVILEG privilege is the right to reproduce a work
is given to the printing/publisher. That is, the printing press was privileged to reproduce and sell
one's creation. Who is entitled to privilege it is a king or ruler.
PRIVILEG era has begun since the invention of printing books in Gutenberg around
1445 and Kupfertich and wood sculpture
https://jrsdjournal.wixsite.com/humanities-cultural 3
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
PRIVILEG Award in principle intended to combat book piracy crimes commonly done by
reprinting the book in large quantities and illegally.
PRIVILEG first awarded by the city of Venice
With the provision of Basler in 1531 then granting PRIVILEG intended for legal
protection against copyright works such as books. In principle, the legal protection given to
copyrighted works at that time very much different from similar protection known at present.
In the past, given the protection it is a book
The issue of legal protection of intellectual property rights is was already a global
problem, namely, mankind has been a problem throughout the world. International law has
started its business since 1983 with the approval of the Paris Convention for the Protection of
Property Industrian. Until now, a better business and a real international community sustained in
order to protect intellectual property rights.
Since December 10, 1948 with the enactment of the Universal Declaration of Human
Rights by the United Nations
The following section focuses on the legal protection of intellectual property rights in
accordance with international law sources to the convention or multilateral agreements.
3. Paris Convention for the Protection of Industrial Property 1883
The paris Convention, which was signed on March 10, 1883 in Paris, France is the oldest rules of
international law in the field of human rights. Paris Convention is a multilateral treaty, namely;
international agreements signed and followed by many countries. The conventions have several
times changed:
1. In Brussels dated December 14, 1900.
2. In Washington on June 2, 1911.
3. Den Haag dated 6 November 1925.
4. In London on June 2, 1934.
5. The Lisbon, dated October 31, 1958.
https://jrsdjournal.wixsite.com/humanities-cultural 4
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
6. In Stockholm dated July 14, 1967.
7. And converted back dated October 2, 1979.
Indonesia has ratified the Paris Convention is revised Stockholm on September 5, 1997.
The legal consequence of ratification Indonesia is bound by any existing legal provisions in the
Paris Convention to make the rules in the national law's regulations.
Objects that are protected under the Convention of Paris is mentioned in Article 1
Paragraph
While the definition of property rights in the field of industry
4. Berne Convention for The Protection of Literary and Artistic Works 1886
Berne Convention signed on 9 September 1886 in the city of Bern, Switzerland is the oldest
international law in the field of copyright. This Convention has been amended several times:
1. In Paris on May 4, 1896.
2. In Berlin on 13 November 1908.
3. In Bern dated June 2, 1914.
4. In Rome on June 2, 1928.
5. In Brussels dated June 26, 1948.
6. In Stockholm dated July 14, 1967.
7. In Paris on July 24, 1971.
8. And amended again on 28 September 1979.
Indonesia ratified the Convention, Bern new for the first time on September 5, 1997 with
the exception of
Regarding objects protected under the Bern Convention is are immense, as mentioned in
Article 2 paragraph
"The expression of literary and artistic works shall include every production in the
literary, scientific and artistic domain, whatever maybe the mode or form of its expression, such
as books, pamphlets and other writing; lectures, addresses, sermons and other works of the same
https://jrsdjournal.wixsite.com/humanities-cultural 5
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb
show; Compositions musical with or without words; cinematographic works to the which are
assimilated works Expressed by a process analogous to cinematography; works of drawing,
painting architecture, sculpture, engraving and lithography; photography; works or applied art;
Illustrations, maps, plans, sketches and three-dimensional works relative to geography,
topography, architecture or science ".
Although Article 2 paragraph
5. UN Universal Declaration of Human Rights
General Assembly is the first international legal provision that was born after the end of World
War 2 (
rd
world countries (
"Everyone has the right to the protection of the moral and material interests from any scientific,
literary or artistic production of the which he is the author". Of the provisions of Article 27
Paragraph
Article 14 Grundgesetz
6. World Intellectual Property Organization
signed in Stockholm, Sweden, on July 14, 1967, and on 28 September 1979 made the first
revision, Indonesia has ratified the WIPO treaty on December 18, 1979. The purpose of the
establishment of WIPO is to modernize and perform administrative efficiency in the protection
of intellectual property rights while respecting the freedom of each participating country. So,
WIPO is tasked to perform administrative activities of all international agreements related
thereto.
https://jrsdjournal.wixsite.com/humanities-cultural 6
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
WIPO is the International Organization Intergovernmental based in Geneva, Switzerland
and is one of the main of the 16 UN specialized agencies. WIPO is responsible for promoting the
protection of intellectual property throughout the world by conducting research agreement with
regard to legal and administrative aspects of intellectual property rights. One of the main
important activities of WIPO is the constructive cooperation with the developing countries in
terms of intellectual property protection.
Article 2 viii WIPO mention of the scope of intellectual property rights is actually an
accumulation of the intellectual property that has been mentioned in international conventions,
such as the Paris Convention and the Berne Convention. Intellectual property shall include the
rights Relating to:
1. Literary, artistic and scientific works.
2. Performances of performing artists, phonograms, and broadcasts.
3. Inventions in all fields of human endeavor.
4. Scientific discoveries.
5. Industrial designs.
6. Trademarks, service marks, and commercial names and designations.
7. Protection against unfair competition, and other rights from of the resulting intellectual
activity in the industrial, scientific, literary or artistic fields.
7. Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on the aspects relating to intellectual property rights
The new TRIPS into effect on January 1, 1995. For developing countries
It must be recognized, that the presence of these many worrisome TRIPS international
countries, especially developing countries. Therefore, many of the developing countries, such as;
https://jrsdjournal.wixsite.com/humanities-cultural 7
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
China, Indonesia, Malaysia, Korea, Bulgaria, and other Asian countries do not provide legal
protection to intellectual property rights optimally.
In addition, law enforcement undertaken by these countries is still a far touching sense of
justice. That is, the problem of law enforcement, particularly against violations of intellectual
property rights, has not been a serious concern of the developing countries.
8. Indonesia
As a former Dutch colony, the history of the law of intellectual property protection in Indonesia
cannot be separated with a history similar law in the Netherlands at that time, because almost all
the rules that apply in the Netherlands at that time was also imposed in the Dutch East Indies
But when viewed in the fact that to date, the provisions of the intellectual property rights
are still far from that expected by international standards, in terms of the formulation of the law
has much less in terms of the implementation of the law itself on the ground in dealing with
cases regarding the violation of intellectual property rights.
a. Copyright
UUHC the first to apply in Indonesia is UUHC September 23, 1912
Further studies on this bill on 20 until October 22, 1975 held a seminar on copyright in
order to get feedback from the community about the fate of the bill. After undergoing a fairly
long time on 12 April 1982 Copyright bill approved by the House of Representatives to set into
Law No. 6 of 1982 on Copyright and effective that day as well. With the enactment of Law No. 6
In 1982, the UUHC 1912 are no longer valid.
5 years later, this UUHC amended by Law No. 7 of 1987 and 10 years later was changed
again by Law No. 12, 1997. Amendments to the Law on Copyright, Patent and Trademark Office
in 1997 was indeed a first package of legal reforms in the field of HMI.
As the authors predict that after the revision UUHC Indonesia, which held in 1997 that in
the not too long revision must be held back, because it does not conform with the standards of
protection under international law, in particular the TRIPS Agreement. Then on July 29, 2002
the Government of Indonesia enacted a new UUHC with the Copyright Act No. UUHC 19, 2002.
It replaces the old UUHC.
b. Patent
When seen legislation concerning HMI colonial times, it can be said that the law on
patents is the oldest legal provisions. In the "Reglement op het verlenen van uitsluitende regten
https://jrsdjournal.wixsite.com/humanities-cultural 8
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
op uitvindingen, invoeringen en verbeteringen van voorwerpen van kunst en volksvlijk 1817"
In 1870 this law no longer apply or revoked. These laws are not immediately replaced
with a new one, because the new 1911 Law on Patents applied the year before
After Indonesia's independence, the existence of the Law on Patents have received
attention in Indonesia Jurist, because sovereignty principles adopted by this Act are deemed no
longer compatible with the spirit of independence. The reason is, that the authority testing patent
is in the Netherlands, while Jakarta or Indonesia is only considered as a branch office of the
patent office in the center of the Netherlands. This is clearly contrary to the sovereignty of
Indonesia as an independent state recognized by the international community.
In 1953 the Minister of Justice of the Republic of Indonesia issued a proclamation which
is the first national legislation governing patents, namely; The announcement of the Minister of
Justice No. JS. 5/41/4, which regulates the filing provisional patent application in the country,
and the announcement of the Minister of Justice No. J. G. 01.02.17, regulating the filing of a
patent application abroad.
A unity of invention in question is some of the inventions that have relevance between
the invention with another invention, for example, an invention is a new form of writing
instruments along with the new ink. Stationery and ink are a unity, because the inks specifically
for use on stationery.
Based on the above, then on August 28, 1953, Minister of Justice of the Republic of
Indonesia issued Announcement on Registration As for Patents. This provision is temporary in
the field of patent law to fill the legal vacuum as well as evidence that Indonesia as a sovereign
state can’t be dictated by foreign powers including the patent. Polemics with the law of this
patent can only be resolved after the government enacted Law No. 6 of 1989 on Patents.
With the enactment of Law No. 6 of 1989, then the question arises: whether the
announcement of the Minister of Justice of the Republic of Indonesia dated August 28, 1953
remain valid? For the answer, let's look at Article 131 of Law No. 6 1989 on transitional
provisions. In Article 131 Paragraph
Furthermore, Paragraph
announcement by the Government as referred to in paragraph
https://jrsdjournal.wixsite.com/humanities-cultural 9
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
years before the start date of enactment of this Act, disqualified, the Law on Patents of this in
1997 was revised to UU no. 13 of 1997.
In 2001 the Government of Indonesia, replacing the old Patent Act with the new Patent
Law, namely; UU no. 14 of 2001 which became effective on August 1, 2001.
c. Brand
The legal provisions on the protection of the mark for the first time included in the Code of Penal
8 years later, in 1893 after the Madrid Agreement concerning the International
Registration of Marks is approved, a new Trademark Act for the Dutch East Indies enacted to
replace the previous Trademark Law, Trademark Law comes into force on January 1, 1894.
In 1905 the Trademark Act is amended by Stb. No. 427 Year 1905. Furthermore, the
Trademark Act, 1905 was replaced with a new Trademark Law in 1912
16 years after Indonesia's independence in 1961 then we have national legislation on
Corporate Brand and Brand of Commerce, namely; UU no. 21, 1961.
Various weaknesses by Law No. 21 This led the Government of Indonesia to replace it
with a brand new Law on the Law No. 19 of 1992. With the enactment of Law No. 19 This, then
Act No. 21 of 1961 declared void
On August 1, 2001 the Government of Indonesia enacted Law No. 15 of 2001 on Marks.
So with the enactment of the 2001 Trademark Law, Trademark Law long no longer apply.
Replacement is the Trademark Law in order to harmonize the Indonesian national law with
international law, in particular the TRIPS Agreement 1994.
d. Plant Variety Protection
Law on Plant Variety Protection
UU no. 30 of the Trade Secret Law 31 on Industrial Design and Law No. 32 Year 2000 on
Layout Designs of Integrated Circuits. All 4 of the Acts forced to be completed and ratified
before the end of 2000.
https://jrsdjournal.wixsite.com/humanities-cultural 10
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
PVP is a special protection by the state, which in this case represented by the
Government and implemented by the office of the PVP, the crop varieties produced by plant
breeders through plant breeding.
PVP rights are special rights granted by the state to the starter and / or PVP rights holder
to use their own varieties of results exaltation or give consent to the person or legal entity to use
it for a certain time. Varieties of plants that can be protected by PVP include; varieties of plant
species that are new, unique, uniform, stable, and given a name. The PVT term of protection is
20 years for annual crops and 25 years for perennial crops.
e. Trade secrets
Law No. 30 of 2000 on Trade Secrets is the law of the trade secrets that were first enacted in
Indonesia. This law bears also because Indonesia has ratified the TRIPS Agreement 1994.
Trade Secret is information not known by the public in the field of technology and /or
business, has economic value because it is useful in business activities, and kept secret by the
owner of a trade secret.
The scope of trade secret protection includes; production methods, processing methods,
sales methods or other information in the field of technology or business that has economic value
and is not known by the public. This trade secrets continue to be protected as long as it still kept
secret and unknown to the public.
f. Industrial design
UU no. 31 of 2000 on Industrial Designs include both industrial property. Law on Industrial
Design is also the first provisions of national law which is owned by Indonesia that provides
legal protection to industrial designs.
Industrial design is a creation of shape, configuration or composition of lines or colors, or
lines and colors, or a combination thereof in the form of three-dimensional or two-dimensional,
which gives the aesthetic impression and can be realized in a pattern of three-dimensional or
two-dimensional and can be used to produce a product, goods, industrial commodity or
handicraft.
The glance regime industrial design is similar to copyright regime, but, in fact different.
The law gives protection to the contents of a creature, while industrial design protection is given,
it is a form of external or aesthetic value date an industrial design and there was no relationship
with the contents. Industrial design protection law for a period of 10 years.
https://jrsdjournal.wixsite.com/humanities-cultural 11
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
g. Integrated Circuit Layout Design
UU no. 32 Year 2000 on Layout Designs of Integrated Circuits
four laws on intellectual property in the field of end 2000. The authorization, may seem in a
hurry, because of omissions by Indonesia after Indonesia ratified the TRIPS Agreement 1994.
Integrated Circuit is a product in the form of finished or semi-finished, in which there are
a variety of elements and at least one of these elements are active elements, which are partly or
entirely interconnected and integrally formed in a semiconductor material that is intended to
produce electronic functions.
B. Theory of Intellectual Property Law
The emergence of the term intellectual property rights
"geistiges Eigentum"
In connection with the emergence of a new school of intellectual property rights I. Kant
in his book "Von der Unrechtmafbigkeit des Buchernarchdrucks" in 1785 stressed that the
creator
Fichte then distinguishes between a book that is the result of the work in printed form
with the contents of the book itself
A German Jurists called Klostermann, in 1869 for the first time used the term intellectual
property rights
In 1878 Klostermann work is undergoing repairs and improvements and then rises with a
new title: "Das Urheberrecht in Schriftwerken, Abbildungen, musikalischen Kompositionen
dramatischen und Werken". Klostermann other works are: "Das Urherberrecht an Kunstwerken
und Schrift, Abbildungen, Kompositionen, Photographien, Mustern und Modellen", also "Die
Patentgesetzgebung aller Lander nebst uber den Gesetzen Musterschutz und Markenschitz".
https://jrsdjournal.wixsite.com/humanities-cultural 12
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
A year later in 1877 appeared again works in the field of patents: "Das Patentgesetz fur
das Deutsche Reigh". Based on the work of this Klostermann, the definition of the term
"intellectual property"
1. Theory on the Right of Personality (
that is material
The first view says that the intellectual property that are the 2
nd
aspect of it which is a
unity. However, among all the second aspect, the aspect of personality is dominant, where the
establishment of a close relationship between the creator with his creation. This theory is known
as a Monistism Theory
This theory, as proposed by Gierke, further explained that a copyright work is the
product/products of the human intellect, giving rise to a very close relationship between the
copyright work of its creator
In other words, it can be said, that the interests of the creator's personality more
highlighted than economic interests. Thus, if only the creator is dead, but his heirs still have the
right to defend the interests of the creator. The interests of the creator of the immortal and eternal
2. The right to object Intangible (
and economical it is two separate things from one another. Copyright is a right contained therein
merely economic value. This theory was pioneered by renowned legal experts from Germany,
Josef Kohler with the famous theory "Immaterialguiterrecht," Kohler explained that the existence
of a very special relationship between people
From all the above theory spawned two theories to-3 which in principle is a refinement of
the first view, so this theory is called with the modern monistism theory
In Urhebergesetz 1965
https://jrsdjournal.wixsite.com/humanities-cultural 13
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
In the era of globalization, many experts and legal experts are talking about the business
of international trade and its relation to intellectual property rights. It can be said, that more than
90% of the commodity traded world today is a product of human intellectual work is divided into
goods and services.
Another theory that explains the relationship of economic value and intellectual property,
among others; reward theory, recovery theory and incentive theory. According the reward
theory, a person who has produced intellectual works very deserved reward
D. Patent as Machine Mint in era of globalization
1. The term Patents
The term of a patent is a translation from a foreign language
the term of patents has become a standard in the Indonesian word which no other equivalent
word. The word patent is often used to denote a technological society. And in the context of this
patent, before a research result that filed its patent rights, then known by the term "invention",
which in Indonesian by Law No. 14 of 2001 on Patents used the term "invention". The term of
the present invention is a direct translation of the English "invention".
Speaking of the patent means to speak about technology and industry, because, between
the patent and technology have a causal relationship. The birth of new technologies can be
ensured for their new patent anyway, and thus came into the industry. Therefore, the number of
patents owned by a nation already a measure of technological and economic progress of a nation.
Yan advanced nation is certain to have a patent that many, otherwise the nation that is
developing and underdeveloped have patents are few in number.
2. Differences between Patents and Patent Simple
A patent is an exclusive right granted by the State to an Inventor for his invention in the field of
technology, which for a certain time, implement their own invention or give consent to others to
implement them.
The provisions of the Patent Act in Indonesia do not make a difference in detail between
the patent with the patent simple. The difference can be seen in terms of the period as referred to
in Article 8, paragraph
The difference between patents and utility models is a common thing done by the
countries considering the difficulty level of technology contained in patents and utility models
are different.
https://jrsdjournal.wixsite.com/humanities-cultural 14
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
The era of globalization is an era characterized by the level of competition is so high and
tight in various fields, especially in the field of trade in goods and services. Only countries that
are able to win a competition can enjoy the billions of dollars for the state and nation. The
competition is very visible and can be felt in the field of technology in various sectors of modern
human life, such as: automotive technology, mobile phones, various household appliances such
as; washing machine, dispenser. Here we can see once how Japan was able to produce cars and
high-tech machines are much-loved by the people in Asian countries. Meanwhile, European
countries, such as; Germany, France, Italy and the United States also has the advantage of
technology products and other services.
On the continent of Asia, the newly industrialized countries, such as; South Korea and
China are the new competitors in the world of European and American technology. Technology
products made in South Korea and China have also flooded the market in international countries,
including in Indonesia.
The rise of economic wheels countries South Korea and China are, to be sure also
American countries, Japan, Germany, France, and the developed countries, include the tangible
evidence of the efficacy of world's economic engine sourced from intellectual property rights,
especially patent.
E. Law of Patents in Indonesia Must functioned as a Tool of Economic Development
Law No. 14 of 2001 on Patents has not functioned as a tool of economic development. The
existence of the Patent Act is merely a normative sense and in order to meet the obligations of
the TRIPS Agreement ratification by the Government of Indonesia with Law No. 7 of 1994.
The progress achieved by industrialized countries is a result of the application of legal
norms are supported by human resources who have the creativity and high net state apparatus of
corruption. A large number of research activities
The wealth of a country's natural resources will not be able to improve the welfare of the
nation and its people even after the exploitation of natural resources to the maximum. State the
contrary, as a result of the exploitation of natural resources to the maximum that it has brought
misery because forests are reduced in number and easily flooded if it rains. In addition, the
amount of poverty, such as; which occurred in Indonesia and in particular of ranah Minang, West
Sumatra province also has not been able to overcome.
At the level of the Central Government has taken several steps forward in terms of
normative for the proper functioning of the Patent Act, which strengthened by Law No. 18 of
2002 on the National System of Research, Development and Application of Science and
Technology, known as the Law on Science and Technology
With the fate of all the law, let alone be operationalized optimally even the presence of
the law is still a lot not understood by the Government and the public areas. Even the mandate
given by Article 20 paragraph
https://jrsdjournal.wixsite.com/humanities-cultural 15
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
Regional Research Council and optimally functioning of the Research and Development
In fact, the weakness will be an understanding of the various laws and regulations in the
economic field, such as; intellectual property rights
F. West Sumatra
Until now the existence of the Research and Development
Institutional science and technology be made up of universities, R & D institutions,
enterprises and supporting institutions should be given the task and responsibility to advance the
technology development area. Local Government obviously will not be able to walk alone to
achieve these goals without the support of universities and enterprises as well as other supporting
institutions.
At the level of the central government has no National Research Council, it is appropriate
that the Regional Government of West Sumatra Province to establish a Regional Research
Council as mandated by Article 20 Paragraph
Until now, the West Sumatra province has yet again and form a Regional Research
Council
For the purpose of this science and technology development, the local government should
provide financial support through the budget to universities, R & D institutions, community
organizations and inventor. This is one of the main strategic steps that must be taken by the local
government of West Sumatra, West Sumatra fore in order to be able to grow into an industrial
area to provide acceleration in achieving the 2020 vision of West Sumatra.
Research budget is allocated in the budget for the West Sumatra is not yet oriented to
research to produce an invention. On the basis of this invention inventor can then apply for
patent rights to the office of the Directorate General of Intellectual Property rights Ministry of
Justice and Human Rights in Jakarta.
https://jrsdjournal.wixsite.com/humanities-cultural 16
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
If we compare our country's most beloved with other countries in the world in the field of
patents, it is natural Indonesia underestimated. Similarly, with a view of the people of West
Sumatra province, minang this sphere in the field of patents if dikomperasikan with other
provinces in Indonesia, West Sumatra can not speak about the patent, because the acquisition of
the patent is still zero.
G. Law Enforcement Still Weak
The problems of law enforcement in Indonesia almost never finished talking about. Even with a
very weak law enforcement in Indonesia has led the State Indonesia entered into a series of the
most corrupt countries.
Law enforcement in the field of intellectual property rights in Indonesia is still very
weak. In fact, through the rule of law can be used as a tool of economic development to improve
the welfare of the community.
We take the example in the field of copyright, in particular computer piracy, one year
after the introduction and implementation of the Copyright Act No. 19 of 2002, the rate of
software piracy
Similarly, in the field of trademark, trademark rights abuses, especially the wellknown
brands
have
exacerbated
the
image
of
Indonesia
in
the
eyes
of
the
world.
Conditions
such
as
these should not be allowed to continue, but should be taken serious steps and decisively to
reduce and stop it.
Weak law enforcement is highly influential on foreign investors to invest in Indonesia.
Even for very volatility in the level of legal certainty ground water coupled with a multidimensional
crisis has not ended yet also raises due to the escape of foreign investors in
Indonesia and are looking for a new destination country is more promising in terms of
enforcement and legal certainty, such as; Vietnam, China and Malaysia.
https://jrsdjournal.wixsite.com/humanities-cultural 17
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
III. ENCLOSE
A. Conclusion
Implementation of the legal protection of intellectual property has become central to
international attention, particularly in countries forward. Intellectual property has become the
economic engine of the world in improving the country's economic growth and improve the
welfare of the people's living standards. Application of the law has been used as a tool of
economic development.
The seriousness of the government in the implementation of the law on intellectual
property rights becoming one of the main aspects of consideration for prospective foreign
investors to invest in that country. This is understandable, because the issue of intellectual
property rights, especially patents directly related to the technology.
B. Recommendations
Law enforcement in the field of intellectual property rights is still weak in Indonesia, including
the province of West Sumatra to be further improved in the future. West Sumatra region should
be able to speak on a national and even international level in terms of development and
advancement of intellectual property rights.
https://jrsdjournal.wixsite.com/humanities-cultural 18
Research Article Vol.2, No.3|24 June 2017| Journal of humanities and cultural studies R&D
References:
A. Books
1. Cita Citra Winda. 1999. Budaya Hukum Indonesia Menghadapi Globalisasi. Jakarta.
Candra Pratama.
2. Euger Ulmer. 1980. Urheber-und Verlagsrecht. 3. neubearb. Aufl. Berlin.
3. Georg Wilhelm Friedrich Hegel. 1974. Vorlesungen ueber Rechtsphilosophie 1811-1831.
Edition and Kommentar von Karl-Heinz. Iltin. 3. Band. Stuttgart-Bad Cannstatt.
4. Gerhard Schricker. 1987. Urheberrecht: Kommentar. Muenchen.
5. Heinrich Hubmann. 1972. Geistiges Eiegentum in: Bettermann/Nipperdey/Scheuner
6. Howard B. Rockman. 2004. Intellectual Law for Engineers and Scientists. New Jersey.
John Wiley & Sons, Inc.
7. Johann Caspar Bluntschi. 1864. Deutsches Privatrecht.
8. Johann Gottlieb Flichte. 1987. Beweis der Unrechtsmaessigkeit des Buechernachdruecks.
In Berlinische monatschrift. Band 21. Berlin 1793. Adgedruckt in UFITA Band 106.
9. John Locke. 1988. Two Treaties of Government
Laslett. Cambridge.
10. Ludwig Gieseke. 1987. Die geschichtliche Entwicklung des deutschen Urheberrechts.
Goettingen.
11. Manfred Rehbinder. 1993. Johann Caspar Bluntsci Beitrag zur Theorie des
Urhenerrechts. UFITA Band 123. Baden-Baden.
12. Surojo Wignjodipuro. 1979. Pengantar dan Asas-asas Hukum Adat. Bandung. Alumni.
13. Moch Munir. 2005. Pemberdayaan Kantor Sentra Hak Kekayaan Intelektual Perguruan
Tinggi dan Lembaga Litbang untuk Memacu Penelitian Berorientasi Paten. Media HKI
Depkumham RI. Dirjen HKI Vol IV/No. 2/Agustus. Jakarta.
14. Otto von Gierke. 1936. Deutsches Privatrecht. Band I. Unveraenderte Nachdruck der
ersten Auflage (
15. Syafrinaldi. 2000. Der Schutz des geitigen Eigentums in der Verfassung der
Bundesrepublik Deutschland und der Rechtordnung der Republik Indonesien. Disertasi
Doktor. Muenchen, Jerman. Juni 2000.
16. ----------. 1999. Bestandsaufnahme : Zwei Jahre nach der Rechtsreform: Urheber-, Patentund
Markenrecht. Dalam Jurnal Internasional ‘’Recht der Internationalen Wirtschaft ’’
17. ----------. 2003. Hukum tentang Perlindungan Hak Milik Intelektual dalam Menggapai
Era Globalisasi. Pekanbaru. UIR Press.
18. ----------. 2005. Perlindungan Hukum Database Menurut TRIPS Agreement 1995 dan
Undang-Undang Nomor 19 Tahun 2002. Mahkamah Vol. 17 No. 2 October 2005.
https://jrsdjournal.wixsite.com/humanities-cultural 19