Thesis submitted by Irfan Sediono. It has passed the final exam held in the Postgraduate Program, Faculty of Law, Brawijaya University, Malang on February 2008.
Irfan, Student of Master of Laws Degree Program, 2005, Law Protection for Breeder’s and Farmer’s Rights in Indonesia (Analysis of The Plant Variety Protection Act 2000), Supervisor Commission; First Supervisor: Afifah Kusumadara, SH. LLM. SJD, Second Supervisor: Yuliati, SH. LLM.
The Plant Variety Protection Act 2000 (hereinafter referred to state as PVP Act) was created to compliance international obligation for Indonesia, and intent to create and increase people’s and corporate’s interest for breeding activity in order to create new high yield plant variety. But, so far there were some regulations which were not covered by this act. These matters could create opportunity of misconseption on its implementation.
The statements of problem on this research are (1) Does the PVP Act has given law protection for breeder and farmer rights? (2) How does the PVP Act should be regulated about law protection for breeder and farmer in order to ensure them rights and obligations?
This research used normative legal research with statue approach, conceptual approach and comparative approach.
This research found that PVP Act has given enough protections for the breeder, the protections that given by this act including the moral and economic rights. Especially for economic rights, there’s no regulations ever made about this before PVP Act was come into force. But, PVP Act only gave few rights for the farmer, and there were no protections for the traditional activities.
The writer suggested amendment for PVP Act with put into any regulations which pre-concerted. This is made to ensure of law, and give better protections for both breeder and farmer.