About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 J. Priv. & Com. L. 1 (2019)

handle is hein.journals/jpcl3 and id is 1 raw text is: JPCL 3(1) (2019) 1-7 JOUIRNAL OF PRV,\FAD MNFCA L.AW Urgency of Licensing Restriction in Joint Venture Companies Related to TKDN Toebagus Galang Windi Pratama' 'Universitas PGRI Semarang Received February 17 2018, Accepted April 22 2019, Published May 31 2019 DOI 10.15294/jg.vl6il.18179 Abstract Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. The restrictions in regulating technology transfer from Advanced countries to developing countries are there to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly real and does not reduce the incoming FDI. Based on this, the authors formulated a number of issues discussed in this article namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses. The results of the discussion show that there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technol- ogy transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment. Keyword: Licensing Restriction; Joint Venture; TKDN INTRODUCTION In this Industrial Age 4.0, the Technology Industry holds a very important role. Indonesia, as a develo- ping country, also does not escape the need for technology in various sectors. In developing countries techno- logy transfer has proven to be a strategic means to complement the availability in the field of technology to face competition with other countries. In the software sector, Indonesia should be proud, because until the beginning of 2019 in Indonesia it was recorded that there were 4 companies with investment value above 1 million dollars, namely Bukalapak, Gojek, Tokopedia and Traveloka but what about the Hardware sector? In this regard, the Ministry of Communication and Information together with the Ministry of Industry applies the Domestic Content Level (TKDN) policy as stipulated in Minister of Industry Regulation No.65 / M-IND / PE / 7/2016 which requires foreign companies to market their 4G smartphone products in Indonesia to have Domestic Content of 30 percent. The impact of the presence of TKDN of 30 percent is quite significant in improving the economy in Indo- nesia. Because as can be seen from the fact that domestic mobile phones continue to grow 36% from 2015 to 68 million units. Then in 2017, cellphone imports fell to 11.4 million units, while domestic cellphone production was 60.5 million units.2 TKDN regulation is indeed a solution in improving the quality of Indonesian technology, but this should continue to receive attention from the government because this sector is very important in facing economic 1 https://selular.id/2018/11/empat-tahun-rudiantara-kebamanan-setengah-matang-tkdn-smartphone-bagian-tiga/ac- cessed on 17/01/2019 2 https://inet.detik.com/law-and-policy/d-3876005/berkah-tkdn-ponsel-made-in-indonesia-tembus-605-juta-unit ac- cessed on 17/01/2019 *E-mail :galangsnowfieldyahoo.co.id p-ISSN 2599-0314 e-ISSN 2599-0306 Address : . Sidodadi TimurNo.24, Karangtempel, Semarang Timur Semarang City, Central Java50232

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most