Intellectual Property Right (IPR) As A Common Property In Perspective Compilation Of Islamic Law

Arso, Arso and Pagar, Pagar and Kamello, Tan (2017) Intellectual Property Right (IPR) As A Common Property In Perspective Compilation Of Islamic Law. IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 22 (8). pp. 7-12. ISSN 2279-0837

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This study try to answer three important issues, which is about judicial momentum of the Intellectual Property Right (IPR) pre-marriage before register accomplished, relevant and justice for all of each person (al-qisth) to the division of common property, legal certainty about the distribution of common property based on Compilation of Islamic Law (CIL) applied through instrument of law of President Instruction No 1/1991. The result of this research indicates that IPR is the exclusive Right recognized by the State through legislation on the intellectual creativity concerned, regarded as one of property Right, a value intangible object as a moral Right and economic Rightand useful for the community, and as economic life of the husband and wife inclusively. Although the laws and regulations on IPR do not provide assertiveness and explanation about the status of IPR as husband and wife, but through the theory of kind and justice and referring to the Marriage Law (ML) and Compilation of Islamic Law (CIL), unconstitutional IPR can be categorized as a common propertyand still relevant to the division of Right respectively husband and wife with the same parts. The provisions on the distribution of a common propertybased on Compilation of Islamic Lawwhich was enacted through Presidential Instruction No. 1/ 1991, needs to be a refinement of the material and changes in its legal instruments.

Jenis Item: Artikel
Subjects: 2X4 FIQH
Divisions: Artikel (Jurnal, Koran, Majalah)
Pengguna yang mendeposit: Ms Novita Sari
Date Deposited: 19 Sep 2022 06:49
Last Modified: 19 Sep 2022 06:49

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