Perlindungan Hukum terhadap Produk Indikasi Geografis dalam Meningkatkan Daya Saing Produk Daerah di Sumatera Utara

Abstract

Geographical indication is a sign that is used for goods that have a certain geographical origin and also have the quality or reputation caused by the place of origin. The problem of Geographical Indications is considered important because geographical indications are protected as a sign indicating the area of origin of an item, because geographical environmental factors including natural factors, human factors, or a combination of the two factors, give certain characteristics and qualities to the goods produced. The potential for agriculture and plantations in North Sumatra is spread over several areas, including South Tapanuli, North Tapanuli, Labuhan Batu, Tanah Karo, Asahan, with commodities including coffee, rubber, chocolate, tea and tobacco. These commodities have been exported to various countries and contributed very large foreign exchange for the country. Legal protection can be given after identification of the agricultural product and then registration as a product of geographical indication. The problems discussed in this study are the implementation of the protection of Geographical Indications in Indonesia, the development of Geographical Indications in Indonesia and the benefits obtained through registration of Geographical Indications, as well as obstacles in the registration of Geographical Indications products in North Sumatra. The type of research used in this study is a normative juridical approach. This legal research will examine the legal system that aims to find legal rules that aim to provide an explanation of the legal protection of geographical indication products in North Sumatra. In this study, the legal norms used are both national legal norms and international legal norms. This study uses secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out through library research and interviewing sources to complete secondary data. Based on the results of research that Geographical Indications in Indonesia are regulated in Law Number 20 of 2016 to protect the names of unique local products from violating the reputation of these products, GI also plays a role in the economic development of a nation, by providing opportunities for producers to maintain and improve the quality of the product. Not many typical products originating from North Sumatra are registered as geographical indication products because there are several obstacles in the implementation of the protection of geographical indications regulated in the Trademark Law and Government Regulation on Geographical Indications. Law Number 20 of 2016 needs to be followed up with its implementing regulations, both Government Regulations and Ministerial Regulations. To develop the potential of Geographical Indications. as a local economic development, strategic actions need to be taken, among others, the central and regional governments make an integral plan, identify and develop the potential for Geographical Indications according to local wisdom, and allocate APBN/APBD in accordance with the potential for Geographical Indications. in each area.