Budi Agus Riswandi SH., M.Hum. (original) (raw)

Papers by Budi Agus Riswandi SH., M.Hum.

International journal of law and politics studies, Dec 14, 2022

Ecotourism and agrotourism have contributed to green economic development as well as to the devel... more Ecotourism and agrotourism have contributed to green economic development as well as to the development of plant variety protection. Agrotourism is a form of commercial enterprise that links agricultural production and/or processing with tourism to attract visitors to a farm or other agricultural businesses for recreation, entertainment, or education for visitors and to generate income for the farm or the business owner. Ecotourism encompasses nature-based activities that increase visitor appreciation and understanding of natural and cultural values. In order to encourage the community and business owners to participate in eco-tourism and agrotourism, it is imperative to protect plant variety as one of the regimes of intellectual property rights. The aim of the research is to analyze the impacts of ecotourism and agrotourism based on plant variety protection contributing to the sustainability of biodiversity and green economic growth in Indonesia comprehensively. This research is normative juridical research by employing conceptual and statutory approaches. The result of the research found that enhancing ecotourism and agrotourism based on plant variety protection can sustain and enrich biodiversity achieving green economic growth in Indonesia. However, there are some achievements and challenges that have to be addressed, such as the harmonization of the regulations, encouragement of the community and business owner participation in ecotourism and agrotourism by creating a new variety of plants to enhance biodiversity to achieve green economy development in Indonesia.

International Journal of Intellectual Property Management, 2022

UNIMMA PRESS, Jan 19, 2020

International Journal of Law and Politics Studies

The emergence of digital literature as an object of digital copyright is one of the phenomena of ... more The emergence of digital literature as an object of digital copyright is one of the phenomena of the development of information technology. However, unlimited access to digital containers can make it easier for someone to misuse a work of digital literature against rights. Each country, through its national laws, then tries to provide legal protection for the parties, including the United States through the Digital Copyright Millennium Act (DMCA) and Indonesia through the Copyright Act 2014 (UHC). This research will discuss the regulation of digital literature translation contained in the DMCA and UHC. This research is juridical-normative with the case, statutory, and comparative approaches, whose data collection is done through a literature study. The results of the study concluded that, First, the DMCA has comprehensively regulated the provisions of digital copyright so that it has provided legal certainty. In contrast, the UUHC has not been regulated completely, so it does not pr...

Buku ini tidak sekedar mengungkapkan dampak yang timbul dari teknologi informasi ini namun lebih ... more Buku ini tidak sekedar mengungkapkan dampak yang timbul dari teknologi informasi ini namun lebih penting lagi mengungkapkan tentang aturan hukum bisnis elektronik, hak kekayaan intelektual, perlindungan tentang privasi, serta penjelasan tentang sengketa di dunia maya.xiv, 204 hlm.: 20 c

Gadjah Mada University Press, 2017

Kertha Patrika, 2021

Penelitian ini bertujuan untuk mendeskripsikan pentingnyamediasi dalam penyelesaian sengketa Hak ... more Penelitian ini bertujuan untuk mendeskripsikan pentingnyamediasi dalam penyelesaian sengketa Hak Cipta. Penelitian inimenggunakan jenis penelitian yuridis normatif denganpendekatan (statute approach) dan (conceptual approach). Hasilpenelitian menunjukan ada beberapa faktor yang patut untukdipertimbangkan sebagai alasan memilih mediasi dalam sengketaHak Cipta. Faktor tersebut adalah 1) Proses litigasi yangmemakan biaya yang tinggi (2) Mediasi merupakan solusialternatif berbagi hak cipta (3) Mediasi sebagai saranamembangun jejaring dan reputasi Bisnis (4) Sulitnya pembuktian dalam sengketa Hak Cipta (5) Kehendak Pancasiladalam penyelesaian pertikaian secara damai (5) litigasi dapatmerusak hubungan bisnis atau reputasi para pihak; (6) Mediasimemperingan kerja hukum acara; (7) Mediasi sebagai budayahukum di Indonesia. Beberapa konsep yang harus dikembangkanuntuk keberhasilan mediasi yaitu Pertama, seorang mediatoryang handal dalam penyelesaian sengketa Hak Cipta mengingatkompleksitas pe...

Journal of Management and Business, 2004

In Indonesia, small medium businesses will have to be competitive to face the business environmen... more In Indonesia, small medium businesses will have to be competitive to face the business environment today. At this point, small medium business will have to develop a competitive and smart strategy. One of the strategies that can be developed is building a brand name. This strategy will need law enforcement support from the authority. Good law enforcement can protect small businesses from piracy. In the long run, small medium businesses can build a strong brand so they can have good competition. The author will start by explaining about small medium business and the brand building strategy, then continued by exploring Indonesian brand name law. The author also give some example and the conclusion.

Jurnal Fenomena, 2009

... porate Governance pada BUMN di Indonesia Budi Agus Riswandi, SH,M.Hum Dosen Tetap Fakultas Hu... more ... porate Governance pada BUMN di Indonesia Budi Agus Riswandi, SH,M.Hum Dosen Tetap Fakultas Hukum Universitas Islam Indonesia Abstrak ... Budi Agus Riswandi, Permasalahan Implementasi Prinsip-Prinsip Good Corporate... Page 2. Fenomena: Vol. 4 No. ...

Laws

Equity crowdfunding is a form of alternative financing for MSMEs in Indonesia. However, the provi... more Equity crowdfunding is a form of alternative financing for MSMEs in Indonesia. However, the provision of equity crowdfunding still has various issues that boil down to the absence of guarantees of legal certainty for the parties. This, of course, can hinder the development of equity crowdfunding itself in the MSME financing scheme. For this reason, the review of this is carried out based on normative legal research, where it examines various applicable legal provisions in regulating equity crowdfunding. Studies are also based on statute, comparative and conceptual approaches. The result is that, first, the arrangement regarding equity crowdfunding has not provided guarantees of legal certainty for the parties; second, many countries develop equity crowdfunding regulatory frameworks that are oriented to guarantee legal certainty for the parties; and third, the design of equity crowdfunding arrangements that provide guarantees of legal certainty to the parties can be made in the form ...

JIPRO : Journal of Intellectual Property, 2020

The massively growing popularity of Japanese animation or Anime creates a certain movement and ha... more The massively growing popularity of Japanese animation or Anime creates a certain movement and has exported cultural form in another reflection from their fans in many countries. It can be in a form of data such as films, pictures, videos, or made by fans such as fan-subs, fan arts, fan-fictions or it can be in a real form such as clothes, merchandises or costumes for cosplayers. In Indonesia copyright is regulated in the Law no. 28 of 2014 on Copyright while internationally copyright are regulated by some of international convention and agreements such as Trade-Related Aspects of Intellectual Property Rights Plus concluded by WTO; Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention concerning protection of neighboring rights to literary works which are concluded by WIPO. Even though the infringement of intellectual property rights violated copyright and it is nationally and inter...

Jambe Law Journal, 2021

This article aims at elaborating the trademark ownership by the local government in Yogyakarta. A... more This article aims at elaborating the trademark ownership by the local government in Yogyakarta. As an effort to leverage the region’s historical status in order to add value to products made in this region, the Special Region of Yogyakarta (the “DIY” or the “DIY Government”) has registered its trademarks like “Jogjamark” and “100% Jogja.” However, there remains a question as to wether the DIY Government have the same rights and obligations concerning intellectual property as private entities, as longa a municipal government is concerned. Generally, a public legal entity is subject to the same laws, with both rights and obligations, as any other legal entity. In this context, the local government of the DIY’s registration of these marks clearly confirms that the Local Government of the DIY is the trademark owner of those trademarks. This registration requires the question as to whether this government entity can legally own registered trademarks or not. In addition, even if the regi...

The Indonesian government has issued a new research policy, in which government-funded research m... more The Indonesian government has issued a new research policy, in which government-funded research must be able to produce outcomes in the form of patents. From this new research policy, the government has released research funds to researchers of the state and private civil servants. From this policy, it has given birth to two kinds of legal relations, namely official and work relations. As a result, the results of government-funded research with this patent outcome have brought about the consequences of patent holders, rights and obligations of different patent holders. For the patent holder of the official relationship pattern, the government and inventor, while the patent holder of the employment relationship pattern, the government is the employer. In practice there has been a deviation of the consequences of patent holders, rights and obligations of patent holders on research results funded by the government both in official and employment relations. This can be seen from the name of the patent holder listed in the patent certificate. For official relations, the patent holder is only the government without an inventor, while for the employment relationship, the patent holder is private. This paper is presented to elaborate more deeply related to patent holders of government-funded research in Indonesia and its consequences. Normative juridical research methods with a statutory approach.

HKI merupakan barang yang relatif baru di Indonesia. HKI merupakan system yang berasal dari negar... more HKI merupakan barang yang relatif baru di Indonesia. HKI merupakan system yang berasal dari negara barat, oleh karenanya, tidak sedikit dari masyarakat Indonesia yang tidak setuju atau bahkan menolak system perlindungan hasil ide atau kreatifitas manusia.

Varia Justicia, 2020

Bank secrecy is a conditional legal agreement used by a bank to guarantee the confidentiality of ... more Bank secrecy is a conditional legal agreement used by a bank to guarantee the confidentiality of customers' dealing and financial affairs. However, the advancement in information technology, especially in the implementation of electronic systems and transactions across banks, has introduced tremendous changes in the ability of financial institutions to efficiently secure customers’ data. This study provides a detailed explanation of the transformation process using the normative method. The result showed a shift in the principle of bank secrecy to data security in the event of a violation.

Humanities & Social Sciences Reviews, 2020

Purpose of the study: This study aims to provide a proposed model for intellectual property as a ... more Purpose of the study: This study aims to provide a proposed model for intellectual property as a waqf asset with the perspective of legal substance and legal structure. Methodology: This study was conducted by examining various regulations in the field of waqf. In-depth Interviews with the Indonesian Waqf Board and D.G.I.P. are used to identify obstacles to the implementation of I.P.R. Waqf. The data obtained were analyzed using a qualitative approach and presented in the descriptive form. Main Findings: The results show that B.W.I., P.P.A.I.W., Appraisal, and Commercial Court play an important role in establishing a legal structure for the implementation of I.P.R. waqf. P.P.P.A.I.W. directly pertains to success in the administration of I.P.R. waqf. B.W.I., as a Nazir advisor, is needed in the socialization and enhancement of Nazir competencies, especially Intellectual Property Rights. Commercial Court, as a judicial institution that has the authority to provide the determination, c...

Yustisia Jurnal Hukum, 2018

This study aims to examine and identify criteria for patents that can be used as waqf assets. Pat... more This study aims to examine and identify criteria for patents that can be used as waqf assets. Patents are very potential as waqf asset because of a large number of patent holders in Indonesia with the requirements of productive waqf. Patents are a type of Intellectual Property with the provision of a specified period and are still a debate related to the period of waqf which is always a pro and contradiction, some scholars consider waqf property to be forever but in the waqf law is allowed a waqf property with a specified period. This research method uses a normative legal research method with a Law approach and concept approach as well as secondary data review. The Act used is the Patent Law and the Waqf Act. The results show that the patent that can be used as an waqf asset refers to the provision of waqf property which includes (1) legal ownership of the patent owner and evidenced by a patent certificate (2) is not controversial which means not in a legal dispute until in Kracht van gewijsde or not in internal conflicts for patents owned by several inventors (3) have economic value and use value so that it can benefit the community. Patents can be used as an waqf asset because in the Waqf Law it is explained that the waqf property may be for a specified period. The period in the patent waqf in the deed of the waqf pledge must be adjusted to the period of patent protection.