Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Patent Policy on the Pharmaceutical Sector in Indonesia

Author(s): Lego Karjoko, Said Gunawan, AL Sentot Sudarwanto, Hariyanti, Zaidah Nur Rosidah, I Gusti Ayu Ketut Rachmi Handayani, Abdul Kadir Jaelani, Willy Naresta Hanum

This study aims to explain the regulation of inventions that are considered against the religion in Indonesia and analyze the patent policy on pharmaceutical fields after the enactment of the Patent Law and the Certified Halal Product Law in Indonesia. The research reveals that first, the context of the creation of the provisions of an innovation that is considered against the religion in Indonesia is a manifestation of the duty of the state in providing protection of people's rights to guarantee a safe and secure life in worship in accordance with their religious teachings as determined in the Basic Law Second, 1945. Secondly, it is appropriate to synchronize the provisions of an innovation considered against religion in Indonesia between Law No 13 of 2016 on patents and Law No 33 of 2016 on certified halal products, because the State is obliged to provide protection and assurances in respect of halal products consumed and used by the public. Certified Halal goods should be carried out in compliance with the values of security, fairness, legal certainty, accountability and openness, quality and effectiveness and professionalism, taking into account that all Indonesians are religious, with 207 million Muslims, 87.2%, Protestant Christians 6.9%, Catholic Christians 2.9%, Hindu 1.7%, Buddhists.

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