KEPEMILIKAN HAK KEKAYAAN INTELEKTUAL PADA INDONESIAN ISLAMIC BUSINESS FORUM PURWOKERTO

Mochamad Nadif Nasruloh, S.H., NIM.: 20203012099 (2022) KEPEMILIKAN HAK KEKAYAAN INTELEKTUAL PADA INDONESIAN ISLAMIC BUSINESS FORUM PURWOKERTO. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Indonesian Islamic Business Forum is a Muslim organization that was founded in 2011. This Islam-based organization in Purwokerto has a code of ethics, rules and business guidelines that are in accordance with the teachings of Islamic law. This organization with an Islamic background has become one of the representations of Islam in carrying out business activities. However, in reality there are some IIBF members in Purwokerto who do not register their intellectual works with the Director General of Intellectual Property Rights. Whereas in the Qur'an letter an-Nisa 'verse 59 it has been recommended to obey government rules (Khalifah) and in the provisions of the IIBF code of ethics it has been determined to always obey the rules. With this, it raises the problem formulation of why some IIBF members do not register their products, How do IIBF members respond to the provisions of Copyright and Trademark Rights in the Intellectual Property Rights Act and what are the views of Islamic Law and Positive Law on the absence of Intellectual Property Rights on some IIBF products in Indonesia. Purwokerto. To answer the formulation of the problem in this study using maqāṣid al-syarī'ah Jasser Auda and Positive Law Theory in Indonesia. The type of research used is field research (Field Research), which is a research carried out in real life situations. Due to the type of field research, the data collection tool is used to manage data sourced from the field. By directly observing and researching Intellectual Property Rights Ownership in IIBF Purwokerto. The results showed that some members of IIBF Purwokerto did not register their products with the Director General of Intellectual Property Rights because there was no obligation to register either in the Intellectual Property Rights Law or through religious advice (al-Qur'an, Hadith and MUI Fatwa), categorizing the business they were involved in was still in the MSME standard. , and have not made the Intellectual Property Rights Law a priority in the community. There is IIBF's response regarding the existence of the Intellectual Property Rights Law if their intellectual work is multiplied, claims by other people/institutions are considered to be a charity ware. Islamic law views the absence of IPR in IIBF in general as not practicing the letter an-Nisā verse 59 and the code of ethics with IIBF, whereas specifically maqāṣid al-syarī'ah views that in identifying problems it is necessary to use the 6 features recommended by Jasser Auda, in order to be able systematically arranged. Positive law views the absence of Intellectual Property Rights in IIBF does not make the Intellectual Property Rights Law a legal supremacy and does not make it a responsive and progressive law. Therefore, the legal consequences that occur in accordance with Article 100 of the Trademark Law and Article 112 of the Copyright Law stipulate that a person who without the rights reproduces, imitates, plagiarizes commercially is subject to a maximum imprisonment of 2 years and a fine of Rp. 300,000,000.00 (three hundred million thousand rupiah).

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