The Implementation Of Mutually Agreed Terms Of Nagoya Protocol In Protecting Genetic Resources In Indonesia From Biopiracy And Misappropriaation
Ghani, Hafizhah Azzahra
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Indonesia ratified Nagoya Protocol in Law No. 11 of 2013, however there are still occasional cases of biopiracy and misappropriation of traditional knowledge. The Mutually Agreed Terms governed in Nagoya Protocol is a written contract as a condition for access to Indonesia's genetic resources, in which it discusses access benefit sharing which could protect genetic resources and traditional knowledge from biopiracy and misappropriation in Indonesia. This research be made to examine and analyze the implementation of Mutually Agreed Terms based on Nagoya Protocol in Indonesia as a legal instrument to protect Genetic Resources in Indonesia from biopiracy and misappropriation and the implementation of the Mutually Agreed Terms in Indonesia has been compatible with the Nagoya Protocol. This research is normative legal research with qualitative analysis and with a research approach in the form of the statue, historical and conceptual. The research results show that Mutually Agreed Terms are private international laws that bind between the provider and the user, with the principles contained in international private law Mutually Agreed Terms have the potential to be used as a legal instrument in protecting genetic resources. In its implementation in Indonesia, Mutually Agreed Terms is only regulated in a regulation of the Minister of Environment and Forestry of the Republic of Indonesia regarding access to genetic resources of wild species and sharing of benefits from their use and the scope of Mutually Agreed Terms in protecting genetic resources is very limited. There should be a law specifically regulating genetic resources in Indonesia.
- Faculty of Law