Summary: | Laws and regulations which are drafted beyond the interests of society
are bound to fail in their implementation. The legal protection of Geographical
Indications (GI) in Indonesia is provided for under Law Number 15 Year 2001 on
Marks, and Government Regulation Number 51 Year 2007 on Geographical
Indications (PP 51/2007) as the implementing regulation of the former. Although
GI regulations in Indonesia comply with international standards and PP 51/2007
has been in force for littel years, their implementation is not yet optimally. This
raises the question, why has it not been optimally? It is caused many factors
related to the optimization of the law that has not been done.
To know geographical indication protection in Indonesia, and also
legal effort which conducted by a goverment to push the growing of geographical
indication to geographical indication potency product in Indonesia, the researh
method used is yuridis normatif.
Based research result, that geographical indication protection in
Indonesia cannot push the growing of geographical indication protection to
geographical indication local production indonesia. Because legal fundament of
geographical indication in Indonesia still joint forces with the UU Merek and only
consisted of some articles. That articles also oppose against the articles
about brand at UU Merek, so that make the regulation about geographical
indication not clear. PP Indikasi geografis also only repeat the existing order in
UU Merek. Unclear of regulation about geographical indication make
geographical indication potency product in Indonesia not in optimal protection.
Legal effort which can be conducted by government to push the growing of
geographical indication protection to geographical indication potency productin
Indonesia are the government make regulation about geographical indication itself
(UU Indikasi Geografis). Later, make Geographical Indocation Directoratein
Kementrian Hukum dan HAM Republic Indonesia. Local government must be
active to make the database of geographical indication potency product in their
area and make regulation to protect the geographical indication potency productin
their area.
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