Karya Ilmiah
DISERTASI (240) - Karakteristik Perjanjian Kerjasama Pemanfaatan Benih Tanaman Transgenik
The transgenic plant seed is a seed produced from the genetic engineering process
by crossing genes over to produce the improved version of the plant’s properties.
The existence of transgenic plant stirs up a controversy. Besides its advantage in
improving the plant’s properties, it is also believed that it has negative impact on
human health, environment, and the perception on violation of ethics, religion,
and economics. When the transgenic plant seeds is controversially used as the
object of an agreement, it will result in a law consequence as breach of agreement
which forms the characteristics of the agreement. The law issues of this research
is the characteristic of cooperation agreement regarding the utilization of
transgenic plant seeds. This characteristics will be analized from : first, the
cooperation agreement with the controversial transgenic plant seeds as the object;
second, the agreement cancellation and liability. This legal research employs the
legislation, conceptual, and comparative approach. The result of this research
shows that the characteristics of the cooperation agreement regarding the
utilization of the transgenic plant seeds is regarded as unanimous agreement
which is susceptible to cancellation and liability. The liability based on the
principle of product liability and strict liability becomes the mandatory clauses
and the essential elements of the agreement.
Keywords: agreement object, breach of agreement, cancellation and liability.
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