FATWA MUI

Qualitative Study Of Health App On Loyalty

P. Santoso

2. FATWA MUI

Intellectual property in Islamic law is seen as one of the huquq maliyyah who got legal protection as wealth. Intellectual property as a richness that can be owned by individuals. The protection of intellectual property is not incompatible with Islamic law. In other words, intellectual property that contradicts Islamic law have no legal protection.

Intellectual property is a tool of empowerment for the benefit of the “ummah”. Intellectual property can be a public good if used as a means or tool to achieve the goals of production, distribution and consumption of the community in order to develop their quality. However, this is done without losing the identity of the inventor and is the responsibility of the government for its protection.

Intellectual property as a private property becomes obscure for others in consuming it when it is associated with personal goals and pleasure alone. In other words Intellectual Property becomes lawful if it comes from the source of the original owner is given as a gift. Or to be haram if its purpose for commercial both in production and distribution level without licencing from the owner. Something that has been established to be lawful will remove doubts

The Model of MSME Empowering in Franchising based on the Sharia In Economic National Growth The role of Government in this country is very important in the concept of the welfare State. Bagir Manan said: State or Government does not solely as a security guard or public order of society, but the main bearers of the responsibility of realizing social justice, public welfare and prosperity of most people.⁸ The state must play a lot in the empowerment of MSME that are able to contribute significantly to the economic growth. One of MSME empowerment model is franchise.

Franchising can be a means of entrepreneurial growth. Franchise model is currently divided into two i.e.

conventional and sharia franchise model. In conventional franchise model, franchisor position more dominant than franchisee. Franchisee is very dependence to franchisor. For example, Bambang Rahmadi as master franchise of Mc Donald in Indonesia. When Mc Donald cut off relationship with Bambang Rahmadi.

Bambang established franchise Tony Jack's, but it did not flourish. This model is not enough for MSME Empowering. It is necessary to model the franchise out of the conventional concept that rests on a conventional economy to become a new concept based on Islamic Economics. The proposed model i.e. the model of franchisor business is limited company based on sharia. As master franchise is Islamic Cooperative.

Franchisee is member of master franchise. It is franchise based on sharia agreement.

7 David I Brainbridge, Intellectual Propery, England: Person Educated Limited, 2002, hlm.3.

8 Bagir Manan, Politik Perundang-Undangan Dalam Rangka Mengantisipasi Liberalisme Perekonomian, Bandar Lampung, FH UNILA, 1996.

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111 Limited company based on Sharia is limited company that business not content maisir element, gharar, and usury. Limited liability company has some advantage include ease to add capital, identic with big company, and can sell share to public in capital market.

Master franchise is Islamic Cooperative. Cooperative business model is selected cause cooperative as unit business and people economic movement. Cooperation is built for member welfare. Member of cooperative is not only owner but also consumer. Cooperative has any member. Master franchise can make member as franchisee. Cooperative members became franchisee. Cooperative members is a candidate for micro-entrepreneurs, and small. With a minimum of 20 member and a maximum of members not restricted, empowerment for the franchisee will quickly realization.

To anticipate the weakness aspects of capital of franchisee, there are two sources that could be used i.e.

internal sources derived from deposit, deposit mandatory, voluntary deposit. External source of capital, came from Islamic banking or financial institution of sharia or Islamic program like linked program. Linked program can starts from channeling, continued with the executing program, and finaly with joint financing through the Save unit borrow in cooperative The Sharia. Funds may be withdrawn from government policies such as the US economic program of creative.

In anticipation of a weak point of managerial aspects and market access, empowerment must be by a professional management consultant. Professional management consultant help franchisor, master franchise and franchisee in growing human resources capability and market access. Franchisor, master franchise, and franchisee as big company, micro, small and medium enterprise can real contribute to national economic growth with empowering and partnership.

Closing

1. MSME related regulations that made by various department still no harmonize one and other, so are not able to be a tool of MSME Empowering based on Sharia System yet.

2. The franchise agreement is based on the Sharia system is able to provide a balance of rights and obligations for the franchisor and the franchisee.

3. Aspects of intellectual property in the franchise agreement is based on the Sharia system in the form of copyright, trademark, patent and trade secret get all the legal protection from the country. It does not conflict with Islamic’ law as long as there is no maisir element, gharar and usury and is used for the good benefit.

4. Model empowerment of MSME with a franchise agreement with the Islamic system which emphasizes the concept of mutual help and the use of limited company based on sharia system as form of business of franchisor, cooperative based on sharia as master franchisee and member of cooperative as franchisee be able to contribute to national economic growth with social justice of the people of Indonesia.

BIBLIOGRAPHY Main Source:

Al Qur’an Hadist Books

Brainbridge, David I, Intellectuap Property, England: Person Education Limited, 2002.

Mochtar Kusumaatmadja, Konsep-Konsep Hukum Dalam Pembangunan, Bandung: Alumni, 2002.

Soerjono Soekanto, Pengantar Penelitian Hukum, Jakarta: UI Press, 1986

Syamsul Anwar, Hukum Perjanjian Syariah, Studi Tentang Teori Akad Dalam Fikih Muamalat, Jakarta:

RajaGrafindo Persada, 2007

Sunaryati Hartono, Penelitian Hukum di Indonesia Pada Akhir Abad ke-20, Bandung: Alumni, 1994.

Regulations

Undang-Undang No.20 Tahun 2008 Tentang Usaha Mikro,Kecil dan Menengah.

Peraturan Pemerintah No.16 Tahun 1997 Tentang Waralaba

Peraturan Pemerintah No.17 Tahun 2013 Tentang Pelaksanaan Undang-Undang No.20 Tahun 2008 Kompilasi Hukum Ekonomi Syariah

Article

Bagir Manan, Politik Perundang-Undangan Dalam Rangka Mengantisipasi Liberalisme Perekonomian, Bandar Lampung, FH UNILA, 1996.

Electronic Documents

Sandiaga Uno, “Jumlah UMKM Repubrik Indonesia 2 kali lipat Malaysia,“‹http://www.detikfinance.com›[

6/04/2011].

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¹¹²

LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ORDER TO CREATING INVESTMENT CLIMATE IN INDONESIA

Henrikus¹Renjaan & Robert KR. Hammar² ABSTRACT

Protection of Property Rights Intellectual (IPR) in investment in Indonesia requires the importance of law enforcement for the whole society, both businessmen, law enforcement officers and the public as consumers as a consequence of Indonesia's participation as a member of the WTO signed the Multilateral Agreement GATT(general agreement on Tariffs and trade) Round Uruguay in 1994, and ratified by Act (Act) No. 7 of 1994. The need for Indonesia to establish and enhance its national law and is bound by the provisions of the Intellectual Property Rights (IPR), which is set in the GATT, which is one of the annexes of the agreement is the GATT TRIPs(Trade-related Aspects of Intellectual property rights)are efforts made by the government to provide legal certainty in Indonesia investment world.

Keywords: Legal Protection, Intellectual Property Rights, GATT / WTO, Investment Introduction

The era of globalization and liberalization has encouraged interdependence between countries. This situation has created opportunities and threats that many countries feel the need to adjust policy measures to deal with it. And of course, Indonesia as part of the global community cannot be separated from changes that occur both at regional and global level. 2020 is regarded as a very important year with the formation of free trade both at regional and global level. In the field of IPR, Indonesia needs to prepare itself to take advantage of the change as an opportunity for the existence of the nation as well to create a society that is fair, and prosperous.³

In the practice of international relations, IPR has become one of the important issues that are monitored by the developed countries in the conduct of trade relations and/or other economic relations. Globalization is synonymous with a free market, free competition and transparency provide a considerable impact on the protection of IPR in Indonesia. Situations like this also presented a challenge to Indonesia, where Indonesia is required to be able to provide adequate protection on IPR thus creating a healthy competition which of course can give confidence to investors to invest in Indonesia.

Moreover, increased investment activity a little more involved in the transfer of technology protected its intellectual property rights will be implemented properly if there is sufficient protection on IPR itself in Indonesia. In the framework of the economic and legal development in Indonesia, the protection and enforcement of IPR (intellectual property right) must always be carried out. But in practice, this often faced with the question of the essence of the pattern of life in Indonesia is still low purchasing power so as to make Indonesia as a fertile field infringement of intellectual property rights (IPR). Conditions that result in piracy rates remain high. "People can not afford to buy genuine goods that are more expensive. They tend to buy pirated goods.

The impact of globalization is marked by a flood of various pirated products circulating in the market freely, these things tend to the practices of unfair competition in business activities, due to the influence of technological developments, information and transportation are the supporting infrastructures to expand the space for the flow of transactions goods, fine foreign products, and domestic products.

For this purpose is necessary to anticipate amoren adequate regulatory system for the protection of the products produced on the basis of the ability of the human intellect, and supported the readiness of law enforcement professionals in the field of IPR. In this case, the necessary awareness squarely to respect intellectual works as the right person. While Satjipto Rahardjo opinion, saying that the law is evolving to follow the stages of development of society, because it is the law as a social sub-system cannot be separated from the changes occurring in society, including in the economic changes. Here the law challenged to act as an integrating mechanism (law as the integrative mechanism) which can accommodate various dimensions of interest, both between nations and between the internal international interests.⁴

Economic globalization in the trade International and investment followed by the globalization of law, meaning that the legal arrangements of developed countries would or would not be followed by developing countries, while the globalization of law occurs through conventions, treaties International, commercial contracts and introduced Institusi new.

1 Lecturer Kopertis Region XIV Papua and West Papua, DPK, STIH Bintuni West Papua

2 Lecturer STIH Bintuni West Papua

3 Nindyo Pramono, "Anthology of Business Law Currents", PT. Citra Aditya, Bandung, 2006, p. 143

4 Satjipto Raharjo: "The issue of Law Enforcement, BPHN, Department of Justice, 1980, p. 102

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¹¹³

In fact, the provisions of laws or regulations countries emerging always trying to align themselves with the rules and regulations of developed countries, such as Indonesia in 1994 has participated in the membership of the World Trade Organization (WTO) and has also approved the establishment of World Trade organization to ratify and enact Law No. 7 of 1994 on Ratification of the Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization). Participation in the Agreement Establishing the World Organization in 1994 is not legally will not result in Indonesia has been bound by the provisions of the Intellectual Property Rights in the GATT(general agreement on Tariffs and Trade or the general agreement on tariffs and⁵trade).

As part of the WTO, Indonesia fully subject to the provisions set out in the Agreement Establishing the World Organization with a few exceptions. One part of the formation of this organization is the Trade Agreement Aspects of Intellectual Property Rights(AgreementOn Trade-Related Aspects Of Intellectual Property Rights, Including Trade in Counterfeit Goods /RIPS).

As a consequence of the approval of aspects of trade in the field of IPR is then Indonesia should harmonize IPR system has with the IPR system in other countries, but are comparable or harmonized are basic principles or minimum standards of the IPR system which is equally applicable to other countries and should be applied in the homeland.

Participation in the Agreement Establishing the World Trade Organization brought the result that Indonesia not only must establish laws and regulations regarding Intellectual Property Rights (IPR) and affect the judicial system and law enforcement in the field of IPR in Indonesia. In fact, the TRIPS is an agreement the Ithat detailed international has arranged things with regard to the intellectual property. Safeguard, a very strong enforcement against IPR is expected to create a conducive investment climate in Indonesia.

From the above it can be argued legal issuesto be studied more in depth, namely: Is Legal Protection in the Field of Intellectual Property can create an investment climate in Indonesia?

Discussion