PERLINDUNGAN HUKUM TERHADAP PEMULIAAN VARIETAS TANAMAN DITINJAU DARI UNDANG-UNDANG NOMOR 29 TAHUN 2000 TENTANG PERLINDUNGAN VARIETAS TANAMAN

This paper describes and analyses the implementation of Plant variety Protection as once of intelectual property rights in Indonesia. The main perspective to observe and analize the issue is the Law number 29/2000 concerning Plant Variety Protection. Although focusing analysis on the Law mentioned, but in description shall relating with the implementation regulation of the Law concerned, and furthermore comparing to other law with related concern to plant variety protection and intellectual property rights law. The law mentioned above such us Law converning Plant Cultivation system, Law concerning ratifikaction of convention on United Nations Convention on Biological Diversity, International Convention for the Protection of New Varietes of Plants), dan World Trade Organization/trade Related Aspects of Intellectual Property Rights, and also Law of Paten and Trade Mark The main problems in this research are what the conditions and procedures are to ve complied to get Plant Variety Protection Rights and be authorized rights holder acoording to the law. What kind of protections are adhered to the breeders and PVT Rights Holder when the offences of the law or Infringement is occured. Furthermore to be analyzed, did the law provide legal protection to the breeder�s rights and farmer�s rights? Since enacted as the positive law, the law number 29/2000 had accommodate international and domestic communities�s interest in term of plant variety�s breeding through cultivation of various new varities and protected by the law. The breeders and authorized PVP Rights holder perceived economicly and morally (socially) benefits upon their inventory in breeding variety of Plants due to this law. In contrary, in this research revealed the opposite situation, in order to keep the pursuance of the law, this law had caused some farmers being impisoned as suspects who is presumed to have committed an offense the Penal provision of the law. However, still there are some acts which not stipulated and define per se or percisly in the law number 29/2000 and needs further provision and elucidation. These system will create various interpretations and open an uncertainty upon the implementation of the law