IMPLEMENTASI MEKANISME PRIOR INFORMED CONSENT (PIC) DAN ACCESS AND BENEFIT SHARING SYSTEM (ABS) DALAM UPAYA OPTIMALISASI BIOPROSPEKSI SUMBER DAYA GENETIK DI KAWASAN LAUT INDONESIA

Madiha Dzakiyyah Chairunnisa, Prof. M. Hawin, S.H., L.LM., Ph.D,

2012 | Tesis | S2 Ilmu Hukum

This research proposed to answer the problem is, firstly, how the implementation mechanism of PIC and ABS in an effort to protect the genetic resources for the application of the patent which submitted by developed countries for products that utilize genetic resources originated from the seas of Indonesia. Secondly, the impact of implementation of PIC and ABS mechanism in marine genetic resources bioprospecting in Indonesia against the urgency of ratification bill preservation and utilization of genetic resources. This research is normative research thus the research methods used here to analyze the library’s data. In this research used the legislation approach to analyze all of the stipulation in respect to PIC and ABS both international and national instrument. The data used in this research is secondary data which are the related legislation, books, journal, article and internet’s data. These results of this research indicated that implementation of PIC and ABS were carried by CBD and its derivative instrument, Nagoya Protocol as a form of protection from biopiracy, misuse and misappropriation on marine genetic resources bioprospecting in Indonesia have not been optimally enforced. Similarly, through the protection within Intellectual property regime, particularly patents, either through TRIPs Agreement and WIPO Document related to genetic resources at the international level and Patents Act No. 14 of 2001 on the national level. There is no uniformity in the regulation of PIC and ABS as part of the requirements that must be supplied by the patent applicant when requesting patenting inventions that use the genetic resources. The Ministry of Living Environment as the national focal point of CBD is seeking that Bill Preservation and Utilization of Genetic Resources (RUU PSDG) be passed to be national law as soon as possible. It is the commitment of Indonesia in the implementation of the CBD and Nagoya Protocol in protecting against both access to geneti resources and fair and equitable benefit-sharing.

This research proposed to answer the problem is, firstly, how the implementation mechanism of PIC and ABS in an effort to protect the genetic resources for the application of the patent which submitted by developed countries for products that utilize genetic resources originated from the seas of Indonesia. Secondly, the impact of implementation of PIC and ABS mechanism in marine genetic resources bioprospecting in Indonesia against the urgency of ratification bill preservation and utilization of genetic resources. This research is normative research thus the research methods used here to analyze the library’s data. In this research used the legislation approach to analyze all of the stipulation in respect to PIC and ABS both international and national instrument. The data used in this research is secondary data which are the related legislation, books, journal, article and internet’s data. These results of this research indicated that implementation of PIC and ABS were carried by CBD and its derivative instrument, Nagoya Protocol as a form of protection from biopiracy, misuse and misappropriation on marine genetic resources bioprospecting in Indonesia have not been optimally enforced. Similarly, through the protection within Intellectual property regime, particularly patents, either through TRIPs Agreement and WIPO Document related to genetic resources at the international level and Patents Act No. 14 of 2001 on the national level. There is no uniformity in the regulation of PIC and ABS as part of the requirements that must be supplied by the patent applicant when requesting patenting inventions that use the genetic resources. The Ministry of Living Environment as the national focal point of CBD is seeking that Bill Preservation and Utilization of Genetic Resources (RUU PSDG) be passed to be national law as soon as possible. It is the commitment of Indonesia in the implementation of the CBD and Nagoya Protocol in protecting against both access to geneti resources and fair and equitable benefit-sharing.

Kata Kunci : prior informed consent, access and benefit sharing system, bioprospeksi sumber daya genetik