Establishing a Protected Geographical Indication System in Indonesia
Friday, 07 September 2017 – The Faculty of Law, Universitas Indonesia held Doctoral Promotion for Mariana Molnar Gabor to defend her dissertation: “Grounds and Reasons that Justify The Existence (La Raison D’Etre) of Legal Protection of Geographical Indications in Indonesia (Establishing a Protected Geographical Indication System in Indonesia)” (07/09) at Djokosoetono Auditorium FHUI, UI Depok Campus.
Mariana Molnar Gabor successfully defended her dissertation before the Faculty of Law Universitas Indonesia’s (FHUI) Academic Session, which was led by Prof. Dr. Rosa Agustina, S.H., M.H., with members consisting of Promoter Prof. Dr. Agus Sardjono, S.H., M.H., Co-Promoter Dr. Jufrina Rizal, S.H., M.A., with examining board consists of Prof. Dr. Valerine J.L Kriekhoff, S.H., M.A., Prof. Erman Rajagukguk, S.H., LL.M., Ph.D., Prof. Achmad Zen Umar Purba, S.H., LL.M., Dr. Freddy Harris, S.H., LL.M., Dr. Cita Citrawinda, S.H., MIP., Miranda Risang Ayu, S.H., LL.M., Ph.D., and Dr. Henry Soelistyo, S.H., LL.M.
The dissertation is a critical, comprehensive and in-depth reflection on the background of the provisions of protected Geographical Indications (GI) in Indonesia in the temporal and spatial context.
The purpose of this research is to express the suitability of the philosophical basis of protected GI with the values and habits that live in Indonesian society. To achieve a holistic understanding of the issue of protected GI and its solutions, Mariana Molnar Gabor conducted this research by combining doctrinal and non-doctrinal methods, by applying a transdisciplinary approach that views at legal phenomena of GI regardless of relevant aspects other than law, such as social, economic aspects history, politics and culture.
The comparative law approach in this study focuses on two specific aspects, namely, first, the effectiveness of GI registration based on quantitative data in the form of statistical data, and second, searches for GI regulation in Indonesia and various countries to gain understanding and input in order to establish a protected GI system in Indonesia that is authentic.
The empirical method of this study involves primary data obtained from in-depth interviews with various stakeholders, especially MPIG from all over Indonesia. Recommendations in research are based on general patterns found based on qualitative analysis of the results of empirical research.
The results of the study show that protected GI does not conflict with the values and practices that live in Indonesian society (the living law). The researcher suggests a combined bottom-up and top-down approach in the process of establishing sui generis laws and protected GI system, so as to absorb the values and practices, the living law in Indonesian society. This is to create a stronger basis for effective implementation and protection of Indonesia’s local GI products, especially to face regional and global trade competition.
After presenting her dissertation and answering the questions raised by the examining board, Mariana Molnar Gabor was awarded the title of Doctor of Legal Studies with a very satisfying predicate.
