Juridical Analysis of The Regulation on Specific Tariff Imposition on Patent Services in Indonesia

Abstract

The regulation on the imposition of specific tariffs on patent services constitutes a legal instrument designed to enhance access to the patent protection system. However, the implementation of the Minister of Law and Human Rights Regulation Number 20 of 2020 continues to raise issues of legal certainty due to the use of the phrases "under certain circumstances" and "in certain cases" which lack clear normative limitations, and because its provisions are not yet harmonized with Government Regulation Number 45 of 2024. This study aims to analyze the legal certainty and harmonization of the regulation governing the imposition of specific tariffs on patent services in Indonesia. The research employs a normative legal research method using statutory, conceptual, and analytical approaches, with legal materials analyzed qualitatively through grammatical, systematic, and teleological interpretation techniques. The findings indicate that the regulation has not yet provided legal certainty, as it still contains vague norms in the phrases "under certain circumstances" and "in certain cases" which lack objective and exhaustive parameters; furthermore, the regulation exhibits vertical disharmony due to its continued reference to Government Regulation Number 28 of 2019, which has been revoked and superseded by Government Regulation Number 45 of 2024. This study recommends amending the Minister of Law and Human Rights Regulation Number 20 of 2020 by updating its legal reference, formulating clear and exhaustive criteria for specific tariff imposition, and conducting executive review to ensure harmonization with higher-ranking legislation so as to achieve legal certainty and more effective legal protection for patent holders.