Faculty of Law Arsip - Universitas Gadjah Mada https://ugm.ac.id/en/tag/faculty-of-law/ Mengakar Kuat dan Menjulang Tinggi Mon, 10 Feb 2025 07:14:50 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.7 University Research Aimed at Solving National Issues https://ugm.ac.id/en/news/university-research-aimed-at-solving-national-issues/ https://ugm.ac.id/en/news/university-research-aimed-at-solving-national-issues/#respond Fri, 07 Feb 2025 07:12:28 +0000 https://ugm.ac.id/?p=75748 Dr. Fauzan Adziman, the Director-General of Research and Development at the Ministry of Science and Technology of the Republic of Indonesia, stated that Indonesia faces five strategic challenges.  These include the limited time of demographic bonus, the impact of climate change, the global economic slowdown, the threat of new pandemics, and disruptions caused by artificial […]

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Dr. Fauzan Adziman, the Director-General of Research and Development at the Ministry of Science and Technology of the Republic of Indonesia, stated that Indonesia faces five strategic challenges. 

These include the limited time of demographic bonus, the impact of climate change, the global economic slowdown, the threat of new pandemics, and disruptions caused by artificial intelligence.

In response to these challenges, the director-general urged universities to collaborate with industries and communities to support the government’s programs in ensuring the success of national development. 

“Our goal is to create an ecosystem that allows the community to experience the results of research and innovation from universities,” he said at the national workshop and sharing session titled “Synergy of Law Faculties: The Role of Sustainable Community Service” held at the UGM Faculty of Law (FH UGM), Thursday (Feb. 6).

Dr. Adziman then explained the priority programs and plans that the president and vice president are currently developing through Asta Cita. 

He emphasized that government programs and innovations developed by universities should reach and benefit the public.

He explained that the ministry no longer focuses on product-based research but has shifted toward challenge-based research, encouraging multidisciplinary interactions to solve societal problems. 

Research topics include artificial intelligence (AI), renewable energy, food and health technologies, transportation and infrastructure, advanced materials, and nanotechnology. He highlighted that current contributions are focused on solving social and socio-economic problems. 

“We can contribute, and the community can express what is needed,” Dr. Adziman hoped.

The Vice-Rector for Student Affairs, Community Service, and Alumni of UGM, Dr. Arie Sujito, said universities have an obligation to engage in community service in addition to providing education and conducting research. 

This is reinforced by Law No. 20 of 2003 on the National Education System, which mandates implementing and realizing the tri-dharma for universities. 

“I hope education’s mission is to enlighten the nation; therefore, ideally, the research results we have and the teaching supported by practical activities based on experience should inspire and provide benefits,” he stated.

He further explained that downstream is not only focused on industries but also on skills and knowledge gained to address issues in society. 

As a result, the social sciences and humanities, particularly law, can ensure that education, teaching, practice, and research can benefit society as a shared responsibility.

Furthermore, Dr. Sujito emphasized that universities can never be neutral because they are always grounded in human values, justice, and welfare. 

This is where law plays its role as a tool to translate the vision of community service to address societal issues. 

“Law should not make people fearful but rather bring them closer,” he concluded.

The Secretary of the UGM Directorate of Community Service, Dr. Djarot Heru Santosa, presented the achievements of UGM’s community service activities conducted through DPKM. One form of this service is carried out through the Community Service Program (KKN). 

“Primarily, it is the implementation of KKN, community service at Universitas Gadjah Mada, which has been initiated since 1971 and, to this day, remains a compulsory course at the university,” he explained.

Dr. Santosa added that every year, UGM sends an average of around 8,900 students across Indonesia, with the distribution covering 35 provinces, over 100 regencies, and more than 500 villages nationwide. 

“We also focus on border areas,” he said.

In implementing work programs, Dr. Santosa mentioned that KKN activities are directed to use research methods, even if simple. 

He also explained that the directorate publishes a community service journal four times yearly. 

“Community service activities can be turned into research,” Dr. Santosa added.

As a form of service, KKN aims to benefit communities so that the region or community becomes more independent. 

Dr. Santosa explained that to achieve this, the directorate employs strategies to improve community quality, which include interdisciplinarity, broad impact, program downstream, partnership models, thoroughness and sustainability, research-based approaches, and outcome-based approaches. 

“Coordination, collaboration, and publication are key,” he concluded.

Author: Leony

Editor: Gusti Grehenson

Post-editor: Afifudin Baliya

Photographer: Donnie

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Professor Mahfud MD: Public Welfare Can Be Built Through Democratic Governance https://ugm.ac.id/en/news/professor-mahfud-md-public-welfare-can-be-built-through-democratic-governance/ https://ugm.ac.id/en/news/professor-mahfud-md-public-welfare-can-be-built-through-democratic-governance/#respond Fri, 07 Feb 2025 01:27:09 +0000 https://ugm.ac.id/?p=75642 Former Coordinating Minister for Political, Legal, and Security Affairs Professor Mahfud MD criticized legal enforcement as arbitrary and for failing to uphold equality before the law and government.  He stressed the need for justice and fairness in governance. “The most relevant thing right now is that we need to build public welfare through democratic politics […]

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Former Coordinating Minister for Political, Legal, and Security Affairs Professor Mahfud MD criticized legal enforcement as arbitrary and for failing to uphold equality before the law and government. 

He stressed the need for justice and fairness in governance.

“The most relevant thing right now is that we need to build public welfare through democratic politics and governance, which does not act arbitrarily and upholds law and justice based on the principle of equality before the law and government,” said Professor Mahfud during the Diversity Dialogue held in commemoration of the 79th Anniversary of UGM’s Faculty of Law (FH UGM), Wednesday (Feb. 5), at the Auditorium B of FH UGM.

Professor Mahfud highlighted the current generation’s difficulties in finding jobs or business opportunities due to the persistent practices of corruption, collusion, and nepotism. 

“If you want to apply for a government job but don’t have connections, you get sidelined. If you want to apply to the police, they ask for money. You’re reported for slander when you don’t pass and ask for your money back. You could even go to prison,” Professor Mahfud said.

Additionally, he pointed out how young people struggle to obtain business permits due to complicated bureaucracy. 

“Young entrepreneurs or startups go to Singapore or Dubai for permits instead of to the government. They get it in one day. Of course, the taxes go there. In our own country, we face discrimination and unfair treatment, weakening unity,” he explained.

According to Professor Mahfud, the strength of corruption, collusion, and nepotism can weaken the spirit of unity and patriotism among the younger generation, especially since they are not participants in the independence struggle. 

The sense of nationalism and love for the homeland is vastly different from that of the freedom fighters. 

“We didn’t participate in the war. The historical actors are almost gone. The current generation communicates with Western ideas. Therefore, this new generation has new needs that a pro-people government must meet,” he said.

Professor Mahfud emphasized that unity among all elements of society is a key factor in Indonesia’s success in building a sovereign nation. 

All layers of Indonesian society are responsible for maintaining diversity. This approach will create social justice. Therefore, differences based on primordial ties such as race, ethnicity, and region should no longer be divisive for Indonesia. 

After all, the success of the Golden Indonesia program in 2045 also greatly depends on the country’s stability.

Meanwhile, Father Alexius A. Binawan stated that the state plays a vital role in maintaining tolerance among fellow citizens from various races, ethnicities, cultures, and religions through respect, treatment, and recognition.

Dr. Dahliana Hasan, Dean of FH UGM, noted that the Diversity Dialogue was part of the faculty’s 79th anniversary celebration. 

“This anniversary opens with a diversity dialogue. The faculty itself reflects diversity, as its lecturers and staff come from different regions with different religions. At the very least, we aim to foster diversity through tolerance and humanity, which can contribute better to society, the nation, and the country,” she concluded.

Author: Jelita Agustine

Editor: Gusti Grehenson

Post-editor: Afifudin Baliya

Photographer: Firsto

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UGM Expert: Abolition of Presidential Threshold a Step Forward Toward Democratic Elections https://ugm.ac.id/en/news/ugm-expert-abolition-of-presidential-threshold-a-step-forward-toward-democratic-elections/ https://ugm.ac.id/en/news/ugm-expert-abolition-of-presidential-threshold-a-step-forward-toward-democratic-elections/#respond Wed, 15 Jan 2025 03:46:34 +0000 https://ugm.ac.id/?p=74731 The Constitutional Court has recently abolished the minimum presidential threshold of 20% of DPR seats or 25% of valid national votes in the previous election as a requirement for presidential and vice-presidential candidacy.  Four students from the Faculty of Sharia and Law at UIN Sunan Kalijaga, Yogyakarta, proposed this motion. According to the petitioners, the […]

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The Constitutional Court has recently abolished the minimum presidential threshold of 20% of DPR seats or 25% of valid national votes in the previous election as a requirement for presidential and vice-presidential candidacy. 

Four students from the Faculty of Sharia and Law at UIN Sunan Kalijaga, Yogyakarta, proposed this motion. According to the petitioners, the vote count should follow the respective election period. 

However, in the case of the presidential threshold, the vote count is used for two election periods, which could lead to distortion of representation in a democratic system.

Dr. Yance Arizona, a Constitutional Law lecturer at the Faculty of Law, Universitas Gadjah Mada (FH UGM), commented on the ruling. 

During the trial, Dr. Arizona provided expert testimony regarding the presidential candidacy threshold in a judicial review of Article 222 of the Election Law. 

He stated that this article has been the most frequently reviewed throughout the Constitutional Court’s history. This indicates that it has been a subject of concern for various groups, both academics and politicians.

However, according to Dr. Arizona, after 22 years, the Constitutional Court finally granted the petition, acknowledging that the presidential threshold has indeed been an issue in the sustainability of democracy in Indonesia. 

“I believe this ruling is important because if the 20% presidential threshold had been maintained, there could have been only one single candidate pair. That would have been detrimental to democracy,” said Dr. Arizona on Tuesday (Jan. 14) at UGM.

With the removal of the presidential candidacy threshold, he noted, all political parties without exception that pass the verification to participate in the election will be able to nominate their cadres as president. 

This implies that more presidential candidates will be available to the public. On one hand, this opens up more options for the public to select the best leader. On the other hand, it makes it harder for the public to understand the agendas of each presidential candidate in the future. 

“More options are better than fewer options. With more options, the political representation process also improves,” Dr. Arizona explained.

Regarding the implementation of a two-round election, Dr. Arizona believes there will not be much change or an increase in the state’s budget. From the organizer’s side, namely the government, the costs will likely remain the same as in previous years. 

However, Dr. Arizona emphasized that the expenses for all candidates will become significantly higher. With more presidential candidates, contestants will be required to find more efficient ways to gather votes. 

“The cost of their campaigns, if accumulated, will be much higher,” Dr. Arizona noted.

This Constitutional Court ruling is expected to lead to a more democratic presidential election process. He observed that the decline of democracy has become a global phenomenon. 

In many countries, democratic institutions are being undermined by democratically elected individuals. 

In this context, Dr. Arizona referred to the election of Donald Trump in the United States and Bongbong Marcos in the Philippines. He believes that this Constitutional Court ruling could slow down or even reverse the democratic regression occurring in Indonesia. 

“This ruling by the Constitutional Court is an oasis, a hope for us so that the democratic decline in our country does not worsen,” Dr. Arizona stated.

The expert urged the DPR and the government to prepare amendments to the 2029 Election Law following the Constitutional Court’s decision. He hopes that these changes will serve as a key reference for organizing the next five years’ elections. 

“I hope there will be a more open and participatory process in the amendments related to elections and political parties in the future,” Dr. Arizona concluded.

Author: Tiefany

Editor: Gusti Grehenson

Post-editor: Afifudin Baliya

Photo: Kompas.id

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UGM Expert Warns of Democratic Setback in Proposed Return to DPRD-Led Regional Elections https://ugm.ac.id/en/news/ugm-expert-warns-of-democratic-setback-in-proposed-return-to-dprd-led-regional-elections/ https://ugm.ac.id/en/news/ugm-expert-warns-of-democratic-setback-in-proposed-return-to-dprd-led-regional-elections/#respond Tue, 07 Jan 2025 02:46:05 +0000 https://ugm.ac.id/?p=74507 The discourse on returning the system of regional head elections from direct elections (pilkada) by the people to elections by the Regional Legislative Councils (DPRD) has resurfaced, sparking debates among various circles.  This idea was first raised by the Chair of Golkar and later supported by the President of Indonesia, Prabowo.  The proposal is based […]

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The discourse on returning the system of regional head elections from direct elections (pilkada) by the people to elections by the Regional Legislative Councils (DPRD) has resurfaced, sparking debates among various circles. 

This idea was first raised by the Chair of Golkar and later supported by the President of Indonesia, Prabowo. 

The proposal is based on several reasons: cost efficiency, reducing the potential for horizontal conflicts, and increasing governmental effectiveness. 

However, many argue that this change could reduce public participation in the democratic process and open greater opportunities for transactional politics. 

This controversy demands a thorough review to ensure that the election system reflects democratic principles and safeguards the broader public interest.

Dr. Yance Arizona, a constitutional law expert from Universitas Gadjah Mada (UGM), sharply criticized this idea, indicating democratic regression in Indonesia. 

He views this proposal as a symptom of the growing deterioration of democracy, warning that its implementation could be the first step in dismantling democratic institutions built since the reform era.

According to him, there would be many negative impacts if regional head elections were returned to the DPRD.

Firstly, politically, it would eliminate the citizens’ right to directly elect their regional leaders. 

“Over the past 20 years, many good regional leaders have emerged because the people directly elected them,” said Dr. Arizona.

For him, the proposal reflects the weak commitment of democratically elected leaders. 

Instead of strengthening democracy, they undermine the democratic processes that enabled them to rise to power.

Secondly, there would be a strong determinant factor from political parties when selecting regional heads. 

Indonesian political parties are highly centralized, so their members in the regions would follow the party’s central executive board (DPP) decisions. 

This would make the election process more centralized and would greatly benefit only the major political parties. 

“Thus, medium and small parties should not support the discourse of returning regional head elections to the DPRD because they will get nothing from it,” Dr. Arizona explained.

Additionally, one of the supporting factors for this discourse is related to cost savings in elections and an effort to curb the uncontrolled practice of money politics during campaign periods. 

However, Dr. Arizona dismissed this as a non-issue. 

He suggested that politicians could cut costs by reducing travel expenses and routine meeting costs during elections. 

The savings could be used to enhance election monitoring and management. 

Instead of changing the election system, Dr. Arizona believes that the government should improve budget efficiency and take strict action against vote-buying through existing regulatory bodies.

According to Dr. Arizona, strong public pressure is needed to prevent this proposal from advancing, as it seeks to centralize power and silence the people’s voices. 

He also warned of the current political climate, where state officials, who should remain neutral, have shown political bias by participating in campaigns and influencing the selection of preferred regional head candidates. 

This situation will worsen if the proposed system is implemented.

“In the future, it would be very easy for the government to decide who becomes a regional head, so the people need to voice their concerns,” he concluded.

Author: Rahma Khoirunnisa

Editor: Gusti Grehenson

Post-editor: Lintang Andwyna Nurseisa Azrien

Photo: Freepik

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UGM Students Receive Mitsubishi UFJ Foundation Scholarships https://ugm.ac.id/en/news/ugm-students-receive-mitsubishi-ufj-foundation-scholarships/ https://ugm.ac.id/en/news/ugm-students-receive-mitsubishi-ufj-foundation-scholarships/#respond Wed, 18 Dec 2024 01:02:46 +0000 https://ugm.ac.id/?p=74025 A total of 16 Universitas Gadjah Mada (UGM) students have been awarded scholarships from the Mitsubishi UFJ Foundation, Japan. The symbolic handover ceremony occurred at UGM’s Central Building on Tuesday (Dec. 10).  Takashi Oyamada, Head of the Mitsubishi UFJ Foundation, expressed his pride in granting the scholarships to UGM students. He highlighted that UGM is […]

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A total of 16 Universitas Gadjah Mada (UGM) students have been awarded scholarships from the Mitsubishi UFJ Foundation, Japan. The symbolic handover ceremony occurred at UGM’s Central Building on Tuesday (Dec. 10). 

Takashi Oyamada, Head of the Mitsubishi UFJ Foundation, expressed his pride in granting the scholarships to UGM students. He highlighted that UGM is the first university in Indonesia to collaborate with the foundation. 

“We are proud to provide scholarships to students from this prestigious university,” he said.

Dr. Andi Sandi, UGM’s Secretary, warmly welcomed the Mitsubishi Japan delegation and appreciated the well-established collaboration. 

“I hope this partnership continues to flourish and provides greater benefits and opportunities for our students,” he stated.

Oyamada handed certificates and scholarships directly to all recipients. Most scholarship awardees are from the Accounting, Management, and Economics programs of the Faculty of Economics and Business (FEB UGM), the Law program of the Faculty of Law (FH UGM), and the Japanese Language and Culture program of the Faculty of Cultural Sciences (FIB UGM). 

The 16 recipients were granted scholarships worth IDR 5 million for one year.

Michelle Anastasia, a scholarship recipient from the Japanese Language and Culture program Class of 2022, delivered a speech in Japanese expressing her gratitude. 

“All students here have dreams they want to achieve. However, some are forced to take alternative paths due to financial difficulties,” she said.

She continued, “I am very grateful to receive this scholarship, which allows me to continue my studies. We will do our utmost to achieve our dreams,” she promised.

Author: Bolivia  

Editor: Gusti Grehenson  

Photographer: Firsto

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Committed to Disability Advocacy, Calvinca Poerawinata Earns Double Degree from UGM and Maastricht University https://ugm.ac.id/en/news/committed-to-disability-advocacy-calvinca-poerawinata-earns-double-degree-from-ugm-and-maastricht-university/ https://ugm.ac.id/en/news/committed-to-disability-advocacy-calvinca-poerawinata-earns-double-degree-from-ugm-and-maastricht-university/#respond Thu, 05 Dec 2024 02:35:19 +0000 https://ugm.ac.id/?p=74011 Nyi Raden Calvinca Naomi Poerawinata feels relieved after four years of hard work completing her studies at two universities.  She graduated from the UGM Faculty of Law (FH UGM) and Maastricht University almost simultaneously.  On Nov. 21, 2024, she was declared a graduate of the international program of FH UGM during the Bachelor and Applied […]

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Nyi Raden Calvinca Naomi Poerawinata feels relieved after four years of hard work completing her studies at two universities. 

She graduated from the UGM Faculty of Law (FH UGM) and Maastricht University almost simultaneously. 

On Nov. 21, 2024, she was declared a graduate of the international program of FH UGM during the Bachelor and Applied Bachelor Graduation Ceremony.

On Dec. 5, 2024, she will officially graduate from the European Law School at Maastricht University, Netherlands.

With this achievement, Poerawinata is entitled to two degrees: a Bachelor of Laws (S.H) from Universitas Gadjah Mada and a Legum Baccalaureus (LL.B) from Maastricht University. 

At FH UGM, she focused on International Law. At Maastricht University, she enrolled in the European Law School, concentrating on various legal systems in the Netherlands, France, Germany, the United Kingdom, and, in some cases, the United States. 

“I am grateful for these two opportunities,” Poerawinata expressed in an interview on Wednesday (Dec. 4), just before she graduates from Maastricht University.

Studying at two universities was certainly no easy task. In pursuing the double degree program, Poerawinata completed her first year of education at UGM, which included semesters 1 and 2. She then continued her studies at Maastricht University, Netherlands, from semesters 3 to 6. 

During semesters 7 and 8, she returned to FH UGM. In her fourth year, she eventually completed her thesis under joint supervision from UGM and Maastricht University. 

“I am truly grateful to be able to express my best feelings. After going through tough years, I believe it has been very rewarding,” Poerawinata said.

Poerawinata is particularly thankful for completing her final project as she wished. In August, she passed and received final project grades for both of her legal research projects on disability rights, which shared the same title. 

Reflecting on disability rights, Poerawinata recalled her previous experiences. She had once volunteered for children with special needs and had the opportunity to meet a female leader and disability rights advocate who authored disability law in the European Union. 

“I was so happy to meet her, and she eventually became my supervisor, motivating and inspiring me in my research and writing my thesis,” she explained.

For her final project, Poerawinata wrote a thesis titled Inclusive Higher Education for Persons with Disabilities: Evaluation of the Implementation of Article 24(5) of the Convention on the Rights of Persons with Disabilities in Accessing Education in Indonesia – A Case Study at Universitas Gadjah Mada. 

This work sparked her curiosity about comparing the facilities and rights provided to persons with disabilities in Indonesia and Europe. 

“I realize there is a difference in the standard of living between the people of Indonesia and Europe,” she noted.

One of the reasons Poerawinata chose to study at Maastricht University, Netherlands, was the complexity of the European Union. She admitted that she was very interested in learning the intricacies and workings of European law. 

Everything she learned changed her perception of how European law is implemented to truly protect society. 

“This makes a law enthusiast like me very happy,” she explained.

Poerawinata feels extremely fortunate to have participated in the Double Degree Program. Through this program, she also had the opportunity to participate in various international competitions, including representing a Dutch NGO at the United Nations. 

Additionally, she was involved in the first regional round of an international moot court competition. 

“This added incredible experience for me,” she said.

Graduating with a GPA of 3.75 from both universities was certainly not easy. While studying at Maastricht University, she admitted to using the Socratic method of teaching, in which students must answer various questions. 

“We call it the PBL method (Problem-Based Learning),” she explained.

According to Poerawinata, this method is indeed challenging. However, it was this method that trained her to think critically and encouraged independence in learning. 

She had to read 80-100 pages before each class and prepare answers for various case studies, which were then discussed collectively in class.

During her two years at Maastricht University, Poerawinata shared that her routine always began with waking up early, preparing lunch, and cycling to campus. After class, she spent much time studying at the faculty or reading at the library. 

Occasionally, she went for walks in the back garden of the campus before heading to volunteer or work. 

“I enjoyed going to Wisdom Park at UGM for walks, then walking with friends to class, having lunch, and continuing to work at a café while still volunteering on the weekends,” said Poerawinata, who aspires to build a career at the United Nations.

Reported by: B. Diah Listianingsih

Author: Agung Nugroho

Post-editor: Afif

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Patent Law Expected to Protect Domestic Inventions https://ugm.ac.id/en/news/patent-law-expected-to-protect-domestic-inventions/ https://ugm.ac.id/en/news/patent-law-expected-to-protect-domestic-inventions/#respond Tue, 03 Dec 2024 02:00:13 +0000 https://ugm.ac.id/?p=73448 The Deputy Minister for Political, Legal, Human Rights, Immigration, and Community Affairs, Otto Hasibuan, stated that the Patent Law was enacted to strengthen Indonesia’s intellectual property protection system.  “This amendment not only aims to protect domestic inventions but also ensures that innovations produced can compete on a global scale,” said Deputy Minister Otto Hasibuan at […]

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The Deputy Minister for Political, Legal, Human Rights, Immigration, and Community Affairs, Otto Hasibuan, stated that the Patent Law was enacted to strengthen Indonesia’s intellectual property protection system. 

“This amendment not only aims to protect domestic inventions but also ensures that innovations produced can compete on a global scale,” said Deputy Minister Otto Hasibuan at a national seminar titled “Amendments to the Patent Law: Addressing Contemporary Developments, Technological Advances, and the Need for Patent Commercialization in Indonesia.” 

The event occurred on Tuesday, Nov. 26, 2024, in the Auditorium of Building B, UGM Faculty of Law (FH UGM).  

According to Deputy Minister Hasibuan, the improved protection system offered by the Patent Law encourages increased inventions that can be commercialized. 

The revisions to the Patent Law were undertaken to strengthen Indonesia’s patent system, enhance invention protection, align with international patent standards, and balance intellectual property protection with national interests.  

The Vice Dean for Academic, Student Affairs, and Collaboration at FH UGM, Adrianto Dwi Nugroho, expressed hope that the Patent Law would safeguard numerous works created by the nation’s youth.  

The Secretary of the UGM Directorate of Business Development, Professor Sang Kompiang Wirawan, explained that UGM supports patent commercialization by establishing a special team called the IP Management & Technology Transfer Office. 

This team assists UGM’s academic community, including lecturers and students, in managing patents for their ideas and innovations. 

“With this support, it is expected that more UGM innovations can be legally protected and have a tangible impact on society,” he stated.  

The seminar, organized by UGM’s Master’s Program in Business and State Law in collaboration with the Center for Intellectual Property, Competition, and Dispute Settlement Mechanism Studies (CICODS), the Business Law Department at FH UGM, and the Association of Intellectual Property Rights Educators (APHKI), featured numerous experts and academics in law and intellectual property. 

The discussions focused on the impact of the Patent Law amendments on various sectors, including academia, industry, and technology. The seminar represented a concrete step to support innovation while aligning regulations with contemporary developments and national needs.  

Author: Rahma Khoirunnisa  

Editor: Gusti Grehenson  

Photographer: Donnie

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Expert Urges Alternative Anti-Corruption Strategies Over Amnesty Proposal https://ugm.ac.id/en/news/expert-urges-alternative-anti-corruption-strategies-over-amnesty-proposal/ https://ugm.ac.id/en/news/expert-urges-alternative-anti-corruption-strategies-over-amnesty-proposal/#respond Mon, 02 Dec 2024 02:34:29 +0000 https://ugm.ac.id/?p=74299 President Prabowo Subianto delivered a speech to Indonesian students studying in Egypt (Dec. 18) regarding his desire to grant amnesty to corruptors on the condition that they return state assets.  Responding to this, Yuris Rezha Darmawan, a researcher at the Center for Anti-Corruption Studies (Pukat), UGM Faculty of Law, said that while Prabowo’s intention seems […]

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President Prabowo Subianto delivered a speech to Indonesian students studying in Egypt (Dec. 18) regarding his desire to grant amnesty to corruptors on the condition that they return state assets. 

Responding to this, Yuris Rezha Darmawan, a researcher at the Center for Anti-Corruption Studies (Pukat), UGM Faculty of Law, said that while Prabowo’s intention seems well-meaning, its implementation requires a precise approach. 

This is because corruption has distinct patterns and characteristics; thus, its eradication must align with these traits. 

“Instead of granting amnesty, the state should focus on creating deterrents so that offenders do not repeat their crimes,” Darmawan stated on Friday (Dec. 27).

According to him, most corruptors act with economic motives, so they must face effective deterrents, such as impoverishment and asset confiscation from corruption proceeds. He emphasized that the state must ensure these assets are truly returned to the nation.

Darmawan proposed several strategies for the government as alternatives to granting amnesty to corruptors. 

First, the president should encourage law enforcement to follow the money trail from corruption rather than focusing solely on prosecuting offenders. By tracking these assets, the state can more easily confiscate the proceeds of crime to restore them as state assets. 

He noted that the proceeds of corruption are often not stored as cash but converted into other assets, such as investments, or registered under other people’s names. 

“Moreover, every corruption case should include articles from the Anti-Money Laundering Law alongside articles from the Anti-Corruption Law. Unfortunately, this approach has not been widely implemented,” he explained.

Darmawan also emphasized the importance of optimizing the collection of court-ordered restitution payments. Many convicted corruptors have been ordered to pay restitution yet have not fulfilled their obligations. 

“Based on the latest annual report from the Attorney General’s Office that I’ve read, there are tens of trillions of rupiah in unpaid state debts. The president must urge the Corruption Eradication Commission (KPK) and the Attorney General’s Office to ensure corruptors pay these restitution amounts,” Darmawan emphasized.

Finally, Darmawan suggested a policy step to strengthen anti-corruption efforts in Indonesia: passing the Asset Confiscation Bill, which would enable the state to confiscate illicit gains from corruption more easily. 

Darmawan also urged the revision of the Anti-Corruption Law to include provisions on illicit enrichment. 

“This article would allow the state to examine public officials whose wealth is disproportionate to their income. If they cannot prove the origins of their wealth, the state can seize it,” said Darmawan.

In addition to policy changes, Darmawan highlighted the need to improve law enforcement. He criticized the current state of law enforcement, including the KPK, for being ineffective in their duties. 

“The KPK, once expected to be at the forefront of corruption eradication, has now lost its edge. Reform within the KPK, the police, and the Attorney General’s Office is essential. The president must ensure the integrity of law enforcement officers and strengthen the legal system,” he stressed.

Concluding his statement, Darmawan emphasized that eradicating corruption requires a serious commitment if President Prabowo truly wants to achieve it. 

“Our country is a state governed by law. Therefore, the government’s actions must be constructed into public policies, not merely speeches or verbal commitments,” he concluded.

Author: Bolivia

Editor: Gusti Grehenson

Post-editor: Afif

Photo: Freepik

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Constitutional Court Ruling on Job Creation Law Expected to Improve Workers’ Welfare https://ugm.ac.id/en/news/constitutional-court-ruling-on-job-creation-law-expected-to-improve-workers-welfare/ https://ugm.ac.id/en/news/constitutional-court-ruling-on-job-creation-law-expected-to-improve-workers-welfare/#respond Thu, 14 Nov 2024 01:33:53 +0000 https://ugm.ac.id/?p=74709 The Constitutional Court (MK) of Indonesia recently granted part of a judicial review concerning Law Number 6 of 2023, which stipulates the enactment of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation (Job Creation Law).  This ruling is believed to positively impact workers’ welfare, as sectoral minimum wages are generally […]

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The Constitutional Court (MK) of Indonesia recently granted part of a judicial review concerning Law Number 6 of 2023, which stipulates the enactment of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation (Job Creation Law). 

This ruling is believed to positively impact workers’ welfare, as sectoral minimum wages are generally higher than the Regency/City Minimum Wage (UMK) or the Provincial Minimum Wage (UMP).

Professor Ari Hernawan, a Labor Law Professor at UGM’s Faculty of Law (FH UGM), believes that the Constitutional Court’s decision has the potential to improve workers’ welfare. 

One of the key decisions highlighted by the public and labor unions concerns the minimum wage, with the reintroduction of sectoral wages, which are typically higher than the UMK or UMP. 

Professor Hernawan argues that this development could benefit workers, as sectoral minimum wages are more valuable than UMK and UMP.

“In my opinion, this decision is quite positive because the highest wage is indeed the sectoral minimum wage. During the implementation of the Job Creation Law, the absence of sectoral minimum wages was questioned—what was the rationale? There was no clear answer. It has reappeared because in terms of quality, the lowest level is the provincial minimum wage, followed by the regency/city minimum wage, and above that is the sectoral minimum wage,” Professor Hernawan explained on Wednesday (Nov. 13).

Elaborating further on the Constitutional Court’s decision, Professor Hernawan discussed how the ruling regarding foreign workers entering Indonesia could also impact job opportunities available for Indonesian workers. 

Previously, the Job Creation Law facilitated easier access for foreign workers to domestic jobs. With this ruling, Indonesian workers could have easier access to jobs if government components properly implement the Court’s decision. 

“Now, there are some changes, although I don’t think they’re very fundamental for foreign workers. There are also statements about prioritizing the employment of Indonesian workers. However, in practice, this will also depend on the Executive Branch,” Professor Hernawan explained.

He also added that the Constitutional Court’s decision on the Job Creation Law could influence the attractiveness of foreign investment. 

This is because foreign investors will consider wage policies and foreign worker regulations when making investment decisions. 

Additionally, Professor Hernawan mentioned that investors require legal certainty and stable policies. 

“Investors need policies that don’t change frequently. The problem is if policies keep changing, it scares investors. 

Especially when changes happen very quickly, investors need certainty—not just for their workers, but also for their companies,” he emphasized.

Professor Hernawan hopes that all parties will monitor the Constitutional Court’s decision to ensure proper implementation. He also expressed hope that the Court would consider the perspective of businesses to ensure the effective execution of the decision. 

“The Constitutional Court’s decision must be monitored; from the worker’s perspective, it needs to be overseen. However, for effectiveness, the business sector must also be considered. Both sides need attention,” he added.

As widely known, the Labor Party, the Indonesian Metal Workers Federation (FSPMI), the Confederation of All Indonesian Workers Unions (KSPSI), the Indonesian Workers Confederation (KPBI), and the Indonesian Labor Unions Confederation (KSPI) filed judicial reviews of the Job Creation Law. 

The ruling was delivered by the Constitutional Court on Thursday (Oct. 31) and was welcomed by labor organizations.

Author: Hanif

Editor: Gusti Grehenson

Post-editor: Afifudin Baliya

Photo: AFP

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Pukat UGM Highlights Concerns Over Prabowo-Gibran Administration’s Anti-Corruption Commitment https://ugm.ac.id/en/news/pukat-ugm-highlights-concerns-over-prabowo-gibran-administrations-anti-corruption-commitment/ https://ugm.ac.id/en/news/pukat-ugm-highlights-concerns-over-prabowo-gibran-administrations-anti-corruption-commitment/#respond Sat, 09 Nov 2024 07:02:48 +0000 https://ugm.ac.id/?p=74987 The Center for Anti-Corruption Studies of the Faculty of Law, Universitas Gadjah Mada (Pukat FH UGM), has raised concerns about the direction of anti-corruption efforts under the new administration led by Prabowo Subianto and Gibran Rakabuming.  Although political speeches have often included strong rhetoric about eradicating corruption, they believe these promises have yet to be […]

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The Center for Anti-Corruption Studies of the Faculty of Law, Universitas Gadjah Mada (Pukat FH UGM), has raised concerns about the direction of anti-corruption efforts under the new administration led by Prabowo Subianto and Gibran Rakabuming. 

Although political speeches have often included strong rhetoric about eradicating corruption, they believe these promises have yet to be followed by concrete policies that address corruption issues.

Dr. Totok Dwi Diantoro, Chair of Pukat FH UGM, stated that they have noted the diminishing independence of the Corruption Eradication Commission (KPK), which has made this anti-corruption body increasingly problematic. 

“The KPK is no longer at the peak of its independence, and this has contributed to stagnation in anti-corruption efforts,” he said during a press conference on Friday (Nov. 8) at FH UGM.

Dr. Diantoro explained that Pukat FH UGM has observed that anti-corruption is included in the Prabowo-Gibran pair’s vision and mission as one of the eight “Asta Cita” and 17 priority programs. 

However, Pukat FH UGM feels that this vision is mixed with issues of drug eradication, leading them to conclude that this administration still lacks focus on tackling the highly complex issue of corruption in Indonesia.

One of the key points highlighted is Prabowo’s statement regarding support for strengthening the KPK by providing adequate resources. The team acknowledges that increasing the KPK’s budget is essential, given the limited funding the agency has received so far. 

However, they emphasize that the main issue with the KPK is its budget and independence. 

“There is no clarification on how the KPK will be empowered to operate independently once again. This is a serious issue because the KPK remains under executive influence,” Dr. Diantoro said.

Zaenur Rohman, a researcher at Pukat FH UGM, presented data showing that Indonesia’s Corruption Perception Index (CPI) ranking has stagnated over the past decade under the previous administration. 

Based on data from Transparency International, Indonesia’s CPI score in 2014 was 34 out of 100, the same score recorded in 2023. 

“Over the past 10 years, despite some fluctuations, there has been a significant decline from 38 to 34, reflecting no meaningful progress in fighting corruption,” Rohman remarked.

He noted that while the Prabowo-Gibran administration has made grand promises regarding anti-corruption efforts, the new government has yet to offer concrete solutions to major issues, such as the long-discussed Asset Seizure Bill (RUU Perampasan Aset), which has not received serious attention from the House of Representatives (DPR). 

“Anti-corruption rhetoric is strong, but there’s no further explanation of how these promises will be realized. We are still waiting for real action, not just rhetorical speeches,” Rohman added.

Pukat FH UGM also reminded that in his speech, Prabowo warned coalition parties not to appoint ministerial candidates who seek personal gain from state budgets (APBN/APBD). 

Although this is a positive step, the researchers believe that there has been no further explanation regarding consequences for parties whose members are proven to be involved in corruption. 

“This is crucial because, without clear rules on sanctions for parties involved in corrupt practices, the message may amount to nothing more than a warning without any real impact,” Rohman said.

Considering the shortcomings in Prabowo-Gibran’s anti-corruption pledges, Pukat FH UGM offered several strategic recommendations to help achieve more effective anti-corruption efforts during this administration. 

One of their recommendations is to build synergy between the KPK and other related institutions to prevent corruption. This includes incorporating anti-corruption education into school curricula to foster awareness from an early age.

The team also urged the immediate passage of the Asset Seizure Bill. This law is expected to strengthen anti-corruption efforts by simplifying the process of seizing assets derived from corruption, not only limited to suspects who have fled or died. 

“We also emphasize the importance of reforming law enforcement agencies, including the Police, Prosecutor’s Office, and Supreme Court. This reform must involve structural improvements and granting these institutions greater authority to systematically combat corruption,” he added.

Without concrete actions from the government on its anti-corruption commitments, Rohman predicted that under Prabowo’s leadership over the next five years, the fight against corruption will not be much different from the past decade. 

Therefore, Pukat FH UGM hopes the new government will quickly implement tangible steps to address Indonesia’s long-standing corruption issues. 

“Without clear policies, eradicating corruption will remain a major challenge for this nation,” he concluded.

Author: Lintang

Editor: Gusti Grehenson

Post-editor: Afifudin Baliya

Photographer: Donnie

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