Abstract
This research is aimed to find a new model of legal protection for the product of genetic engineering in the field of agricultural biotechnology. The concept of legal protection as coined by Philipus M. Hadjon is limited to administrative law in the relationship between the people and the government, not applicable to all fields of law. The legal protection for genetic engineering in the field of agricultural biotechnology is covered in laws and their derivative regulations as it evidently provides forum of compensation for the infringement of intellectual property resulted in genetic engineering in agricultural biotechnology. The contract becomes a special instrument of legal protection between owners of intellectual property in the field of agricultural biotechnology dealing with civil laws.
Highlights
Biology as a science affirms humans as beings who are able to regulate everything, manage organisms around it, and even regulate their needs
Article 28C paragraph (1) of the 1945 Constitution can be referred to as the highest legal norms made by the government in providing legal protection and guarantees for the development, application and utilization of biotechnology products in Indonesia
Primary Data Primary data is the data which is directly obtained from the subjects studied, comprising in the form of words, attitudes and actions of inventors of agricultural biotechnology and related institutions in an effort to protect intellectual property rights of agricultural biotechnology. ii
Summary
Biology as a science affirms humans as beings who are able to regulate everything, manage organisms around it, and even regulate their needs. One of the culminative forms in the use of biology in human life is the genetic engineering technology or so-called as biotechnology. The use of biotechnology is a right for all citizens to improve their life and welfare. "Everyone has the right to develop themselves through fulfilling their basic needs, the right to education and benefit from science and technology, cultural arts, in order to improve the welfare of mankind.”. Article 28C Paragraph (1) of the 1945 Constitution is the main pillar for the development, application and utilization of biotechnology products in Indonesia. Article 28C paragraph (1) of the 1945 Constitution can be referred to as the highest legal norms made by the government in providing legal protection and guarantees for the development, application and utilization of biotechnology products in Indonesia
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