Pelindungan Hak Akses Kesehatan Atas Perubahan Ketentuan Lisensi-Wajib Dalam Undang-Undang Cipta Kerja

Abstract

This study aims to analyze the impact of changes in the patent provisions in the Job Creation Act on public health access. The research was conducted in a normative manner using a statutory approach. The results of the study conclude that changes to the Patent provisions contained in the Job Creation Act have harmed Indonesia's national interests which can have a negative impact on public health access rights. The abolition of the obligation for patent holders to produce and use the process in Indonesia, as well as the obligation to transfer technology, absorb investment, and/or absorb employment is a form of victory for the capitalists. This amendment to the Patent Law is also inconsistent with the objectives of the State of Indonesia, namely to protect all of Indonesian kin and promote public welfare. The suggestion given is that the Government of Indonesia should consider more that the Patent Law should be able to encourage investment growth, eliminate investment barriers, but also protect the interests of the Indonesian people and the right of access to health of the Indonesian people.