Analysis Of Technology Transfer In The Turnkey Contract Of State-Owned Enterprises In Indonesia

Widodo, Wahyu and Pratama, Toebagus Galang Windi and Pujiono, - (2020) Analysis Of Technology Transfer In The Turnkey Contract Of State-Owned Enterprises In Indonesia. JOURNAL OF CRITICAL REVIEWS, 7. ISSN 2394-5125

Text ANALYSIS OF TECHNOLOGY TRANSFER IN THE TURNKEY CONTRACT OF STATE-OWNED ENTERPRISES IN INDONESIA.pdf Download (1MB)

Abstract

Turnkey Contract allows contractors to manage project work and provide price assurance for project owners but this opens up opportunities for contractors to manipulate quality and sometimes even cause industrial project failures due to lack of uniformity of machinery caused procurement of machinery that is entirely left to the contractor. based on this matter then the main issues to be studied is how the effectiveness of technology transfer and application of patent technology in Turnkey Contract? and what are the obstacles that arise in the application of patent technology in Turnkey Contract? the research method used is the normative juridical which focuses on the research of the law as the primary data and the relevant literature literature as secondary data. the results of the research indicate that the Transfer of Technology Transfer Period is fully governed by the contract agreement between the contractor and the project owner as stated in articles 69 to 77 of the Patent Law and articles 63 (3) point d of Presidential Decree No.16 Year 2018 point that turnkey contract especially those done by foreign contractor are restricted where they must form a sub contract to national company so that technology transfer can happen however the Decree didn’t specify the detail of the technology transfer and because of that it falls to the regulation of 1313 KUHPer in which the technology transfer are done by agreement between parties. This may force the contractor as the technology owner to force their agenda.

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