Karya Ilmiah

DISERTASI (196) - Prinsip Keadilan Dalam Pemanfaatan Varietas Lokal

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Plant Varieties Protection Act has not yet accommodated the protection of
local varieties and has not provided benefit sharing for farmers and the
local community as the owner of the local varieties. The legal issues of this
research are the philosophical basis of the importance of protection of the
local varieties, the regulation of local varieties in international conventions
and national laws, and the utilization of local varieties based on the
principle of justice. To answer the legal issues of this research, this research
uses several approaches namely : statute approach, conceptual approach,
and comparative approach. This research concludes that: 1) The results of
study shows that Indonesia obliges to protect, conserve, manage, and
promote the efisient system of utilization of local plant varieties. The
principles of fairness is urgent to support the appropriate utilization in
order to protect local plant varieties and the rights of local communities.
The fairness shall be the basic value embodied in Article 7 of Plant Variety
Protection law and Local Regulations. 2) The provision of international law
are sufficient to regulate and accommodate the interests of the protection of
the local communities and local varieties, but in the national law, the
provision of the protection of the local varieties, local communities, and the
interests of the farmers is very limited (not sufficient). 3) The instrument to
deliver fairness and prosperity of local communities are benefit sharing
mechanisme, Prior Informed Consent/PIC and Mutually Agreed Terms as
specified in The Convention on Biological Diversity (CBD). Benefit Sharing
as a form of protection local varieties is the act of providing part of
profits/advantage derived from the utilization of local varieties to resources
provider. While the implementation of the PIC as a form of protection of
local varieties is manifested in the form of permits from the parties who
provide local varieties with a way to inform in advance of the plan of the
utilization of local varieties. Finally the implementation of the joint
agreement as a form of protection local varieties namely Mutually Agreed
Terms (MAT) becomes an instrument to proceed the distribution of benefit
sharing derived from the utilization of local varieties by establishing clear
rules and procedures for conditions and the formulation of joint agreement
between the owner of the local varieties, local governmen, and local
varieties users.

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Ketersediaan

031227017337

196

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

196

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

VARIETAS TANAMAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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