Browsing by Author "Nurani, Nina"
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- ItemAGRIBUSSINES DEVELOPMENT AS THE PRIMARY SECTOR THROUGH SEEDS FRANCHISING CONTRACT TO SUPPORT SOCIETY PROSPERITY(Universitas Widyatama, 2009-11-10) Nurani, NinaAgribusiness development as a primary sector with make use of plant variety is a means “Seeds Franchising“ contract needs a suitable law protection to support people welfare.This research is aimed at study the law protection agribusiness development as primary sector with make use of plant variety potency to support people welfare. To study “Seeds Franchising“ contract the strategy agribusiness development as a primary sector with make use plant variety potency to support people welfare.These research methods are normative legal study which underlines secondary data, comparative law methods and historic legal method gathered from library research, supplemented with primary data from field research. Research specification. Based on the research results, the law protection of agribusiness not focus act law as “single protection,” have consequences not justice of law as business democracy its impede to support welfare people. The suitable strategy agribusiness development as a primary sector, implemented thourgh “Seeds Franchising“contract with make use of plant variety . Challenge to enforce suitable law and to enforce fair in business to support people welfare. need suitable law product for regulation “Franchising“ contract is “Act Law”
- ItemTHE ANALYSIS OF BROKEN CAP BRAND VIOLATION (STUDY OF DECISIONS IN MAHKAMAH AGUNG (NUMBER 85 / PK / PDT.SUS-HAKI / 2015)(International Journal of Psychosocial Rehabilitation, Vol. 24, Issue 1, 2020) Triningsih, Anna; Cristina, Jeane; Nardiman; Nurani, NinaIn the global environment, every company carries out economic activities such as producing a product that could be purchased by the public and accepted by the society. The intended strategy is in producing a product, the product is expected to have its own attraction, then the product must be given a Brand as a sign. The Trademark Case is the subject of this study, i.e. in the dispute over ownership of the "Cap Kaki Tiga" Brand, this mark was accused by Russell Vince, a Plaintiff in the Commercial Court, saying that Wen Ken Drug Co. was a company. Pte. Ltd, as the owner of the Brand Cap Kaki Tiga has imitated the symbol of the British country Isle of man. This thesis produce the formulation of the problem on how legal protection of Foreign Trademarks in Indonesia and the legal consequences for the Cap Kaki Tiga brand after the decision Number 85 / PK / PK / Pdt.Sus-HaKI / 2015. This thesis uses the normative juridical method. The author also obtained primary, secondary and tertiary data sources Including agreements between countries such as TRIPs agreements or agreements governing other trademarks. In protecting foreign brands in Indonesia, efforts that can be made are preventive and repressive efforts. The legal consequences after the verdict that is, causing Cap Kaki Tiga does not get legal protection for their brand in Indonesia.
- ItemANALYSIS OF THE STRATEGY OF THE DEVELOPMENT OF THE OLD CITY ADMINISTRATION WITH THE CONCEPT OF MARKETING STRATEGY: A Case Study in The Local Trade Area of Bandung City, West Java(International Journal of Psychosocial Rehabilitation, Vol.24, Issue 02, 2020) Kaniawati, Keni; Nurani, Nina; Dora, Yenny Maya; AlfianaStructurally, cities can be seen as an area which administratively has boundaries and in which there are components of the population, economic systems, social systems, facilities and infrastructure. Functionally the city is the center of activity (economic and socio-cultural) as well as the center of settlements and functions as a center for the physical development of the area. This study examines the strategy of developing Old Town / Cultural Heritage (Chinatown) in the integrity of developing the potential of the region by developing the potential of non-Kota Tua areas / Cultural Heritage areas in order to have a significant economic value (sustainable development). not yet to highlight the potential of the region optimally. This is because many investors are less interested in developing the region due to the regulation of Cultural Heritage. Besides that, the financial capacity of the Bandung City government is limited to financing cultural heritage areas while the ability of the community as owners is very limited, so that all parties need participation in the preservation of cultural heritage buildings (the Chinatown area). In this study, the SWOT method was used with the IFAS-EFAS model, the results showed stability so that synergy was needed with the concept of the overallsustainable development.
- ItemEFEKTIVITAS SISTEM HUKUM PERBANKAN SYARIAH DALAM UU NO 21 TAHUN 2008 DAN DAMPAKNYA PADA PEMBANGUNAN EKONOMI(Proceeding Simposium Nasional IV Sistem Ekonomi Islam, P3EI FE UII, 2009-10-8) Nurani, NinaEconomic development cannot be separated from the legal development as the efforts to manifest national develoment. Legal development in the era of reform is the effort to perform the effectivity of national legal system covering legal substance, legal structure, and the involvement of society that has high legal awareness to support the formation of the intended national legal system. The efforts to perform the effectivity of national legal system in reaching the national development goals namely creating people’s welfare and justice based on economic democracy, the develoment of economic system based on the values of justice, togetherness, even distribution, and the usefulness in accordance with syaria principles, the government enforce the syaria banking laws in the law itself, UU No.21 Tahun 2008, with the considerations that syaria banking has specification compared to the conventional banking. According to Berkowitz and Walker, the effectivity of legal system is performed in the form of legal behavior willingly, i.e. obedience. This requires legitimacy in terms of regulating the adequate acts leading to the agreement for obedience. The regulating of syaria banking has formerly been regulated in UU No. 10 Tahun 1998 regarding banking, but that has not been adequate as a requirement for the effective syaria legal system. Its regulating has not been specific yet and has been far from adequacy for the characteristics of syaria banking operational. As the growth and the volume of syaria banking business are increasing, it is necessary to conduct legal review through regulating UU No. 21 Tahun 2008 regarding syaria banking so as to perform the syaria compliance. According to Roscou Pound, “law as a tool of social engineering,” which is developed by Mochtar Kusumaatmadja in the law conception as ‘a means of the renewal of Indonesian people through standing out the legislation. However, according to Sunaryati Hartono, this can be carried out through perfecting (changing to the better). This action of perfecting covers 1) legal substance containing syaria aspect and new regulations such as governance, caution principles and risk management for resolving disputes, and sanctions; 2) better effectivity of legal structure containing regulating requirements of fit and proper test for bankers and share holders, and expanding for regulating investigation officers; 3) involvements of wide-range of social components supporting the formation of intended national syaria legal system. UU No. 1 Tahun 2009 as an adequate law can provide better protection for inverstors in particular, and other society in general. In Bagir Manan’s views, adequate laws contain three important elements existing in Acts (UU): their norms must have legal validity, the laws must adequately be enforced due to socially acceptable, and the laws must be in effect for long terms. The three elements are juridical, sociological, and philosophical aspects. From the juridical aspect, the regulating syaria banking existing in UU No. 1 Tahun 2008 is bound in nature. The national banking legal system is supporting system that can contribute syaria banking operational. Sociological aspect is accomodated in offered products and services covering universal banking. Philosophical aspect is the improvement in justice, as the ultimate goals of the legislation, which will support the development of economic activities based on syaria prnciples. According to Sumantoro, laws can function as agent of modernization and instrument of social engineering. The legal develoment will run in progress along with the economic development through regulating adequate syaria banking as agent of economic development. The constraints of UU No. 1 Tahun 2008 are that this Act (UU) has not been comprehensive on regulating the implementation of banking activities or products by means of electronic facilities as the impacts of global economy bringing to national economic development. The aforementioned legal problems require specific rules such as separately regulating.
- ItemTHE EFFECTIVITY OF LEGAL SYSTEM ON SYARIA BANKING LAWS IN UU No. 21 TAHUN 2008 AND IT'S IMPACT ON ECONOMIC DEVELOPMENT(IQTISAD (International Journal of Islamic Economics), 2009-06) Nurani, NinaEconomic development cannot be separatedj-om the legal development as the efforts to manifest national develoment. W N o . 21 Tahun 2008 as an adequate law can provide better protection for inverstors. In Bagir Manan 's views, adequate laws contain three important elements existing in Acts (UU). The three elements are juridical, sociological, andphilosophical aspects. From thej uridical aspect, the regulating syaria banking enenstinign UU No.21 Tahun 2008 is bound in nature. Sociological aspect is accomodated in offeredproducts and services covering universal banking. Philosophical aspect is the improvement in justice based on syaria prnciples.The constraints of UU No. 21 Tahw 2008 are that this Act has not been comprehensive on regulating the implementation of banking activities orproducts by means of electronic facilities as the impacts of global economy bringing to national economic development. The aforementioned legal problems require specific rules such as separately regulating.
- ItemHAK RAHASIA DAGANG MENURUT UU NO.30 TAHUN 2000 SEBAGAI JAMINAN PERLINDUNGAN HUKUM BAGI PENGUSAHA(FOKUS : Jurnal Akuntansi dan Manajemen Fakultas Ekonomi, Volume 3, No.2,Universitas Widyatama Bandung, 2001-11) Nurani, Nina-
- ItemTHE IMPLEMENTATION OF JUDGE INTERPRETATION ON VIOLATION OF ELEMENTS CONCERNING THE OBLIGATION OF STATE EMPLOYEES IN THE CORRUPTION OF CRIMINAL ACTS (CASE STUDY ON THE DECISION OF CRIMINAL ACTS OF CORRUPTION NUMBER 132 / PID.SUS / TPK / 2017 / PN.JKT.PST)(International Journal of Psychosocial Rehabilitation, Vol. 24, Issue 1, 2020) Muliawan, Anatomi; Hanifah, Farhana Nabila; Suprajogi, Agus; Nurani, NinaIn the current reform era, the realization of good governance must be supported, among others, by law enforcement against corruption. Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes is the legal basis used in Indonesia. Several cases of judge's interpretation in a Corruption Case are needed to provide clarity regarding whether or not the elements of a crime have been fulfilled. This thesis discusses "Implementation of Judges' Interpretation of the Violation of Elements Contrary to the Obligations of Civil Services in Corruption Cases (Case Study of the Corruption Court Decision Number 132 / PID. SUS / TPK / 2017 / PN.JKT.PST." , With the problem and purpose of knowing the forms of legal interpretation in the Corruption Case and the application of the judge's interpretation to the case study.This research was obtained from primary, secondary and tertiary legal materials which were then analyzed in a descriptive normative manner Analytical interpretation methods and also the construction of law are not permitted in criminal law The Panel of Judges in this case adopted a systematic interpretation in their decision In this case Law Number 31 of 1999 concerns Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Corruption Crimes is linked to Act Number 5 of 2014 of the State Civil Apparat us (ASN) concerning Civil Servants.
- ItemTHE IMPLEMENTATION OF TRIPS-WTO IN THE PROTECTION OF IPR OVER FASHION TRADEMARK OF CREATIVE INDUSTRY AS AN EFFORT TO IMPROVE GLOBAL COMPETITIVENESS(Internasional Conference on Education, Economic, Psyhology and Society, Higher Education Forum And Asia Pasific Education and Research Association, 2013-06-14) Nurani, NinaThis study examines how the protection of IPR, according to Law No 15 year 2001 regarding Trademark serving as the implementation of TRIPs-WTO, provides protection over fashion of the creative industry and how the protection of trademark rights over this product improves the global competitiveness. Normative-jurisdical method is applied to this study. This method puts emphasis on the secondary data obtained from the library research, supported by the primary data from the field research. From the research, it can be concluded that the IPR protection, according to Law No 15 year 2001 regarding Trademark serving as the implementation of TRIPs-WTO, has not fully provided protection over the fashion products of the creative industry, making it being ineffectively conducted by the product owners. The law generalizes the protection period, rigid time extension, improper categorization of offence type, and no fixed regulation regarding the management of folklore products or traditional knowledge, as well as complex bureaucracy. Trademark protection for these products, according to Law No 15 year 2001 regarding trademark, has not met the hope of the owners of creative industry in protecting their trademarks and logos to be able to compete globally. The obstacles that hamper are juridical and cultural aspects. The former consists of improper management, complex bureaucracy for registration, and no steady and integrated bureaucratic institutional to perform the protection functions effectively. The later consists of the lack acknowledgement that the existence of trademark rights over fashion may contribute the owners in improving their global competitiveness. The government needs to do an obvious way by extending the Trademark Law in accordance with the theory of law reform by taking into account its philosophical, sociological, juridical, and international aspects. In addition, the law should also be disseminated and the regional institution, in protecting one’s intellectual property rights, should also be addressed.
- ItemTHE INFLUENCE OF EMPLOYEE JOB SATISFACTION TOWARDS EMPLOYEE ENGAGEMENT: A Study In Functional Unit Human Capital Management PT. Telekomunikasi, Indonesia(Journal of Advanced Research in Dynamical & Control Systems, Vol. 11, 03-Special Issue, 2019) Ramadhan, Nabilah; Hanuranto, S.M.B. Dani Hermawan; Nurani, NinaThis research was conducted to find out how much the influence of employee job satisfaction in driving the emergence of employee engagement on employees of the Functional Unit Human Capital Management PT. Telekomunikasi Indonesia, Tbk. The influence is expected to create an increase in work performance and productivity in adapting to the conditions of company development and competition. The type of research used is an explanatory research with quantitative approach by taking a sample of 85FU HCM employees. Data analysis used in hypothesis testing is simple linear regression analysis. From the results of the study, it can be concluded employee job satisfaction at FU HCM has a positive and significant effect on employee engagement with an effect of 46.2%. While the remaining influence of 53.8% is caused by other variables outside the research model.
- ItemTHE INTELLECTUAL PROPERTY RIGHTS (IPR) PROTECTION AS AN EFFORT TO IMPROVE THE EMPOWERMENT OF INDONESIAN MSMES IN THE COVID -19 PANDEMIC SITUATION(Solid State Technology Volume: 63 Issue: 4, 2020) Nurani, Nina; Subhana, Adhi; Safaria, Putri Agus SitiMSMEs are one of the sectors that have been drastically affected by the Covid-19 pandemic in Indonesia, however, MSMEs have potential creative works that can be protected by Intelectual Property Right (IPR) to overcome economic constraints due to the Covid-19 pandemic situation. Practice shows that this potential has not become a serious concern for MSMEs, as evidenced by the low number of IPR registration applications and the rampant IPR disputes. Therefore, this study aims to find out how important the legal protection of intellectual property rights by creative industries is to empower MSMEs in the Covid-19 pandemic situation and how the role of local governments in empowering MSMEs through the IPR protection model in the Covid-19 pandemic situation. This study uses a qualitative descriptive analysis and juridical research specification with the method of historical legal interpretation and legal construction. The data collection technique is done by using literature study to collect and compile data related to the problem under study. The results of the research show that in the Covid-19 pandemic situation, the protection of IPR for MSMEs is increasingly being realized, as a means of competitiveness for national / international businesses. Even though submissions for IPR registration are still low, in the current Covid- 19 pandemic situation, there has been an increase in IPR registrants, which have an impact on increasing the competitiveness of MSMEs businesses. Therefore, we need a model of "Development of MSMEs Empowerment by synergizing political systems, cultural systems, social systems and economic systems, as an effort to empower MSMEs by using the IPR legal protection regime" in a comprehensive and effective manner in the Covid-19 pandemic situation.
- ItemIPR (INTELLECTUAL PROPERTY RIGHTS) PROTECTION ON WORKS OF INDUSTRIAL DESIGN CREATIVITY FOR MICRO SMALL AND MEDIUM INDUSTRY AS AN EFFORT TO IMPROVE NATIONAL COMPETITIVENESS IN FREE TRADE(2nd International Conference on Business and Economic Research (2nd ICBER 2011), 2011-03-14) Nurani, NinaIPR (Intellectual Property Rights) protection of industrial design is a strategic medium for improving designer’s creativity of micro small and medium industry as one of the efforts of improving national competitiveness in entering free trade era. This paper is aimed at reviewing the IPR protection on works of industrial design creativity for micro small and medium industry as an effort to improve national competitiveness. Figuring out the IPR protection on creative works of industrial design through the Law of Copyright and Industrial Designs, as the implementation of TRIPs, is the effort of small medium and micro enterprises for increasing their competitiveness. It also serves as the design for formulating a legal regime on IPR that is more adequate for the protection of the IPR of the work of industrial design creativity of small micro medium enterprises in entering the era of free trade. Normative juridical approach is applied on this research, which focuses on secondary data obtained from the literature research, supported by primary data from field research. The result shows that proper IPR protection over industrial design creativity contributes significantly to the designer’s creative ideas of micro small and medium industry. Designers’ of micro small and medium industry have not used the laws of Copyright and Industrial Design, as the implementation of TRIPs, effectively. The law of Copyright does not meet the designers’ expectations in the way of protecting their creative ideas as the effort for improving the national competitiveness. The other existing barriers in realizing the IPR protection is the juridical aspect; the regulation of IPR protection over the creative works is not yet clear and complete, and less recognition to the fact that creative works do contribute to the designers, other than the fact that social environment is still influenced by the communal society. The government needs to perform a concrete effort by completing and socializing the regulation of what to be used for protecting industrial creative works. The Forms of appropriate and legal IPR regime for the protection of creative works of industrial design, mainly to encourage the creativity of small medium micro enterprises to improve national competitiveness in the era of free trade, is the Law of Industrial Design that is "single protection".
- ItemIPR PROTECTION BENEFITS FOR INTELLECTUAL PROPERTYIN A HIGHER EDUCATIONTO IMPROVE THE COMPETITIVENESS OF THE HIGHER EDUCATION AS AN EFFORT TO ENHANCE THE ACCELERATION OF THE CREATIVE ECONOMIC GROWTH OF INDONESIA(International Conference on Business Strategy and Social Science , AESS, Universiti Tun Hussein Onn Malaysia, PAK Publishing Group, 2014-08-16) Bagja, Hafied Noor; Nurani, NinaIntellectualpropertyin aHigher Education isa means ofcompetitiveness of the Higher Education. Hencesufficientprotection needsto beutilizedtoenhance the creative economic growthof Indonesia. This studyexamines theprotection ofintellectual propertyin universitiesas a means ofcompetitiveness of the universities andexaminesthe benefits ofintellectual property protectionin Higher EducationthroughIPRas aneffort to increasethe creative economic growthof Indonesia. This studyused empiricalnormative juridical approach. The normative juridical refers to the principles, norms of national and international laws by reviewing literature data orsecondary dataconsisting ofprimary, secondary, tertiarylegal materials andusingdescriptive analysis research specifications. The result showedthat theprotection ofintellectual propertyin universitieshas not beenimplementedeffectively causing a lower competitiveness ofuniversities. The benefits ofintellectual property protectioninHigher Educationthrough theIPRasan effort to increasethe acceleration of creative economic growthhave not beeneffectivelyimplemented. The barriersincludelack ofregulatoryprotectionandmanagement ofIPRin universitiesin addition tothe low level ofknowledgeaboutIPR of academicsociety membersand the lack ofan effectivemonitoring systemof intellectual property rightsinHigher Education. Therefore we needrevampingprogramming of the "IPR Protection and ManagementStrategiesinHigher Education" withregardmanagement policy, institutionalandIPRculture which is"comprehensive" and"systemic" using"structural" and"functional" approach.
- ItemPANCASILA SEBAGAI FILSAFAT HUKUM DAN ETIKA HUKUM BAGI MASYARAKAT PELAKU BISNIS INDONESIA : LANDASAN CITA HUKUM BISNIS YANG BERKEADILAN(JURNAL BISNIS, MANAJEMEN & EKONOMI , Vol.8 No.1, Fakultas Bisnis & Manajemen Universitas Widyatama, 2006-08) Nurani, Nina-
- ItemPATEN SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM BAGI INVENTOR TEKNOLOGI VARIETAS TANAMAN MENINGKATKAN DAYA SAING AGRIBSINIS MENDUKUNG PEMBANGUNAN EKONOMI(Universitas Widyatama, 2010) Nurani, NinaPlant variety protection gives a great contribution to Indonesian economic development. Plant variety is a means of improving agribusiness competitiveness as a primary sector. Plant variety inventor needs a proper intellectual’s property rights protection. This research is aimed at study Paten as an alternative protection law by technology inventor Plant variety to raise national agribusiness competitiveness to support economic development.These research methods are normative legal study which underlines secondary data, comparative law methods and historic legal method gathered from library research, supplemented with primary data from field research. Research specification used in this study is analytics a descriptive. Based on the research results, Plant variety protection by Patent Law can not be enforced by technology inventor plant variety. Patent Law can not accommodate many technology inventor plant variety needs to protect their inventions. Another challenge to enforce plant protection through Paten Law as an effort to improve competitiveness agribusiness is legal aspect that Plant variety protection terms is not straight and clear and there are no awareness and understandable of plant variety existence as a part of Intellectual Property right has a contribution to economic development by technology inventor Plant variety. A concrete step that must be taken into account is completed of Paten as an alternative Plant variety protection Law and socialization of Paten law.
- ItemPENYELESAIAN SENGKETA HAK KEKAYAAN INTELEKTUAL DI BIDANG PANEN DAN PEMBAHARUANNYA MENURUT UU NO. 14 TAHUN 2001 SEBAGAI IMPLEMENTASI TRIPS-WTO(Jurnal Bisnis, Manajemen & Ekonomi Vol 6 No. 4, Universitas Widyatama, 2005-05) Nurani, NinaSalah satu konsekuensi keikutsertaan lndonesia meratifikasi Konvensi tentang pembentukan organisasi perdagangan dunia ( WTO ) yang mengankut persetujuan tentang Aspek-aspek dagang dari HAKl ( Trade Related Aspect of Intellectual Property RightsflRIPs) menyebabkan perubahan terhadap UU Paten 1997 oleh UU Paten No. 14 Tahun 2001, antara lain menyangkut kewenangan penyelesaian sengketa dan pergeseran prinsip beracara. Hal tersebut menyangkut tenggang waktu pemeriksaan perkara, pembuktian, serta upaya hukum. Termyata menimbulkan berbagai permasalahan hukum.
- ItemPERLINDUNGAN DAN PEMANFAATAN HAKI MELALUI UNIVERSITAS SEBAGAI STRATEGI MENCIPTAKAN PELUANG BISNIS(Seminar Nasional Knowledge Management 2006, ITB dan Universitas Widyatama, 2006-08-05) Nurani, NinaKekayaan tidak berwujud ( intangible asset) hasil olah pikir atau kreativitas manusia untuk menghasilkan ilmu pengetahuan dan teknologi membutuhkan pengorbanan waktu, tenaga bahkan dana besar, perlu diberikan perlindungan agar dapat mendorong dan memotivasi peningkatan karya intelektual serta pengembangan penelitian sehingga mampu menghasilkan karya cipta dan teknologi-teknologi baru yang dapat menunjang dunia bisnis, Perlindungan terhadap karya Intelektual tersebut berupa perlindungan HAK! memberikan hak eksklusif (eksclusive right) utamanya berupa hak ekonomi ( economic right) bagi pencipta maupun penemu merupakan saran a ejektif bagi pemanjaatan HAKl, startegi menciptakan peluang bisnis. Faktor dominan yang harus diperhatikan dalam penguasaan HAKI agar dapat dimanjaatkan sebagai strategi menciptakan peluang bisnis adalah peraturan perundang-undangan, penegakkan hukum dan kondisi sosial budaya masyarakat. Pemanjataan HAKI tersebut dapat dilakukal1 melalui universitas merupakan insentif dari Research and Development Universitas. Aspek penting yang perlu diperhatikan adalah pengamanan hasil ciptaan atau invensi, perolehan dan penjualan ciplaan atau teknologi melalui lisensi. Hal tersebul diwujudkan melalui pembenlukan sen Ira HAKI sebagai salah saW unit kerja di Universitas, berjungsi sebagai pengelola atau manajemen dalam pendayagunaan HAKi.
- ItemPERLINDUNGAN INDIKASI GEOGRAFIS SEBAGAI UPAYA PENINGKATAN PEMBANGUNAN EKONOMI INDONESIA SERTA BEBERAPA PERMASALAHAN HUKUMNYA DI NEGARA BERKEMBANG(JURNAL BISNIS, MANAJEMEN & EKONOMI, Vol.5 No.4, Universitas Widyatama Bandung, 2004-05) Nurani, Nina-
- ItemPROTECTION OF THE IPR (INTELLECTUAL PROPERTY RIGHTS) FOR THE CULINARY INDUSTRY THROUGH LAW NO. 30 OF 2000 CONCERNING TRADE SECRETS RELATED TO FRANCHISE AGREEMENTS SUPPORTING INDONESIAN CREATIVE ECONOMY GROWTH(International Journal of Psychosocial Rehabilitation, Vol.24, Issue 02, 2020) Nurani, Nina; Maya, Yenny; Kaniawati, Keni; AlfianaThe culinary industry is the secret business of innovative recipes in the form of inventions or information as intangible assets that need to have adequate protection of IPR, because they have high economic value and are vulnerable to unfair business competition. The purpose of this study is to examine IPR protection for the culinary industry through Law No. 30 of 2000 concerning Trade Secrets and what if they are associated with franchise agreements supporting the growth of the Indonesian creative economy. This study uses a normative juridical approach. Interdisciplinary normative juridical refers to the principles, national legal norms, norms of international law, international conventions as secondary primary data and reviews of library data.The study uses descriptive research specification qualitative juridical analysis with methods of historical, sociological, systematic legal interpretation and legal construction. The results showed that the The Trade Secret Law and franchise arrangements had not been effectively used to provide adequate protection, as evidenced by the high submission of applications for Franchise Registration not in line with the minimum number of records of transfer documents and licensing agreements at the Directorate General of IPR. In addition, it is not yet well understood, the regulation is also not yet comprehensive, in the form of unclear categorization and determination of information and legal subject of Trade Secret owners and ranking level of confidentiality. This opens up the potential for violations in the form of plagiarism and imitation as a form of fraudulent business competition. This has hampered the growth of Indonesia's creative economy. Therefore the government needs to revise these various weaknesses and intensify socialization.
- ItemSKILLS BASED TEACHING LEARNING METHODOLOGY ( SBTLM ) ARISING THE ENTREUPREUNEURSHIP AS AN EFFORT TO IMPROVE WIDYATAMA UNIVERSITY GRADUATES’ COMPETITIVENESS(2010-11-09) Nurani, NinaWidyatama University, in its effort to improve graduates’ competitiveness towards the creation of job fields (entrepreneurship), has improved Soft Skills Based Teaching Learning Methodology (SBTLM) through the curricular activities. Professional success is not only determined by the higher academic achievement but also the existence of soft skill performances. In 2002, National Association of Colleges and Employers of America concludes that Annual Grade is not the only important thing in the world of work. Generally, users require graduates with 82% of soft skill performance and 18% only for their hard skills. This research is aimed at studying SBTLM through the Student Centre Learning (SCL) approach in students’ activities that improve their soft skill performance. It also studies the development of the soft skills through SBTLM by inserting these soft skills to the entrepreneurship-potential subjects so that it may, at the same time, improve the graduates’ competitiveness. Empirical paired observation method and the approach used is exsperimental design, kind of longitudinal testing. The results show that SBTLM with the SCL approach through curricular activities does improve students’ soft skills and improves graduates’ competitiveness as well. At this point, SBTLM is not performed optimally for various obstacles. They are: less improving academic in operational concept into the learning process, the lack of understanding and concerns from both students and lecturers to the new paradigm of learning process, less supporting aids for the measurement of the soft skill performance, and the structure and time allocated for the execution itself. However, there needs to be a concrete way to overcome this: comprehend the concept, more times and aids for the execution, and intense socialization.
- ItemTHE UTILIZATION OF INTELLECTUAL PROPERTY RIGHTS (IPR) OF PLANT VARIETY THROUGH PARTNERSHIP TO IMPROVE SMALL MICRO AGRIBUSINESS COMPETITIVENESS IN STRENGTHENING THE NATIONAL ECONOMY(CIEL SBM-ITB Gedung SBM-ITB, 2010-07-11) Nurani, NinaThis research is aimed at study the protection of IPR of plant variety for the inventors through the PVT law, which is more appropriate, rather than the Right of Patent Law. Studying the utilization of IPR of plant variety through business partnership Franchising and Inti Plasma may improve the competitiveness of small micro agribusiness. The method used in this research is normative compararative and historic legal. Based on the research results, the PVT Law is a more appropriate the protection for the plant variety inventors compared to the Patent Law. The IPR of plant variety is performed through the business partnership Franchising and Inti plasma. The Indonesian inventors have not been optimally used this PVT Law, particularly the national private inventors. The Small Micro Business arrangement of partnership has not yet provide strong arrangement to protect the micro businesses to give rise to the “fair” businesses as the effort in strengthening national economy. A concrete step that must be taken is completed of PVT Law, to renew the partnership arrangement of Franchising and Inti Plasma as the product of “The Act”.