Selanjutnya
MEMORANDUM OF UNDERSTANDING
BETWEEN
RESEARCH AND DEVELOPMENT CENTER FOR SOCIAL AND
CULTURAL STUDIES OF THE INDONESIAN INSTITUTE OF SCIENCES
AND
THE HANS SEIDEL STIFTUNG E.V. OF GERMANY
CONCERNING
ADVISORY ASSSISTANCE FOR LIPl'S LEGAL RESEARCH PROGRAM .
ON LAW ENFORCEMENT AND LEGAL REFORM IN THE FIELD OF LAW
ESPECIALLY CONSTITUTIONAL LAW AND ITS RELATED MATIER
DURING 1999 - 2002
ｾ Ｎ＠
0
Research and Development Center for Social and Cultural Studies of the
Indonesian Institute of Sciences, hereinafter referred to as the RDCSCS-LIPI,
and the Hans Seidel Stiftung E.V. of Germany, hereinafter referred to as the
HSS, both of them hereinafter referred to as "the Parties"
Referring to the Agreement between the Government of the Republic of
Indonesia and the Hans Seidel Stiftung E.V. of Germany concerning Technical
Cooperation signed in Jakarta, on September 3, 1997.
Considering their common interest to accelerate advance in law enforcement
and to support legal reform process.
Pursuant to the prevailing laws and regulations in Indonesia as well as the
procedures and policies of the Government of the Republic of Indonesia
concerning International Technological Cooperation.
()
HAVE AGREED AS FOLLOWS :
Article 1
Objectives
The objectives of the cooperation are to provide a frame work for the
exchange of scientific and technical knowledge, to promote research and
development and other scientific and technical cooperation between both
Parties.
Article 2
Cooperation Activities
The cooperative programs shall include sharing of resources of scientists, law
· as social science, information and other related activities for the programs.
'7A!-..,,
Article 3
Plan of Operation
1. Detailed description of the scope of activities will be defined in a Plan of
Operation which constitute as an integral part of this Memorandum of
Understanding (MOU);
2. The Plan of Operation shall be drawn up and agreed upon by both Parties
and approved by the Government of the Republic of Indonesia through the
Cabinet Secretariat.
Article 4
HSS's Contribution
Subject to the availability of funds, HSS shall make the following contributions:
1. Provide funds, and other materials for the implementation of cooperation
programs;
2. Provide expertise and experts as may be needed to transfer their skills,
knowledge and technology to Indonesian personnel; particularly for the
implementation of cooperative programs under this MOU;
3. Provide training awards and scholarship for UPI personnel to be conducted
in Indonesia or Germany, organizing workshop, information visits, exchange
programs, seminars, training, conferences and other instructional activities
for upgrading the capabilities and skills of UPI associated with the
cooperation programs and personnel of foreign organizations and
institutions.
Article 5
RDCSCS-LIPl's Contribution
In accordance with the prevailing laws and regulations in Indonesia, and
subject to personnel and budget limitation, RDCSCS-UPI shall :
1. Assign qualified experts and researchers to assist implementation of
activities under this MOU;
2. Assist in arranging for necessary permits for approved HSS's staff and
experts which are needed to enter and leave the country whenever
necessary, inc\uding their work and stay permits in \ndonesia;
3. Arrange the exemption of the approved HSS expatriate personnel from the
payment of custom duties, for import of goods for the execution of
cooperative programs under this MOU;
2
ﾷ ｾ＠
4. Provide administrative support for the implementation of the project as well
as for its coordination with other relevant agencies and the implementing
institutions involved;
5. With the assistance of HSS, organize and conduct regular seminars for
national staff and technical workshops and seminars required for the
implementation of specialized or typ_ical programs;
6. Organize the publication of proceeding journal.
Article 6
Intellectual Property Rights and Publication
1. Any Intellectual Property Right (IPR) brought by one of the Parties for the
implementation of activities under this MOU shall remain the property of
the Party. However, that Party shall indemnify that the IPR is not resulted
from the infringement of any claim made by any third party on the
ownership and legality of the use of the IPR which is brought in by the
aforementioned Party for the implementation of the cooperation activities
under this MOU;
2. Any IPR, data and information resulting from research activities conducted
under this MOU shall be jointly owned by both Parties, and both Parties
shall be allowed to use such property for non-commercial purpose free
royalty. Should the IPR, data and information resulted from the cooperation
activities under this MOU be used for commercial purposes by one Party,
the other Party shall be entitled to the royalties obtained from the
exploitation of such property on basis of the principle of equitable
contribution. In such case, the object of the research activities conducted
under this MOU shall constitute a part of contribution of the party from
which the object derives. The value of the object as part of contribution will
be measured by taking into account the following factors:
a. the scarcity of the object (the rarer the object is, the higher its value will
be)
b. the commercial value of the result of the research (the higher its
commercial value is, the higher the value of the project as part of the
contribution will be)
3. If either Party wishes to disclose confidential data and/or information
resulted from cooperation activities under this MOU to any third party, the
disclosing Party must obtain prior consent from the other party before any
disclosure can be made;
4. Whenever either Party requires the cooperation of another party outside
Indonesia and Germany for any commercial undertaking resulting from
intellectual property covered by this MOU, this Party will give first
preference of the cooperation to the other Party under this MOU, which will
3
be waived, if the other Party is unable to participate in mutually beneficial
manner;
5. HSS shall obtain written approval from UPI for installation and publication
of research findings;
6. Data intended for publication within the framework of the agreed program
or specific projects shall be jointly decided by both Parties;
7. Termination of this MOU shall not affect rights and/or obligation under this
Article during the first ten years after such termination.
Article 7
Limitation of the Personnel
The parties shall ensure that their personnel engaged in the activities under
this MOU will not engage in political affairs or any commercial or activities in
Indonesia and Germany outside the program of cooperation under this MOU
without the prior approval of their respective government. ·
Article 8
Settlement of Dispute
Any dispute or controversy arising out of the interpretation or application and
implementation of this MOU shall be settled amicably through consultation and
negotiation by the Parties.
Article 9
Amendments, Duration and Termination
1. Any amendment to this MOU can only be made after consultation and by
written mutual consent of both Parties.
2. This MOU shall be in effect from the date of signing and be valid for the
duration of 3 (three) years from that date, and will be automatically
renewed on an annual basis thereafter unless terminated or replaced with
a new MOU.
3. This MOU may be terminated by either Party subject to written notice of at
least 6 (six) months in advance. In case this MOU ceases to have effect on
account of the termination thereof, the provision of the Plan of Operation
shall continue to apply to the extent necessary to secure to the completion
of existing programs or activities as specified in the Plan of Operation.
4
IN WITNESS WHEREOF, the undersigned, the Authorized Representatives,
have signed this Memorandum of Understanding.
Done in duplicate at Jakarta on this day of 19 (nineteenth) November in the
year of one thousand nine hundred and ninety nine, in the English Language,
both texts being equally authentic.
FOR
HANS-SEIDEL-STIFTUNG
E.V. OF GERMANY
FOR
RESEARCH AND DEVELOPMENT
ｃｅｎｔｾｉａｌ＠
AND CULTURAL
ｓｔｾｄｏｎｅｉａ＠
ｉｎｾｃｅｓ＠
ｒ･ＹｻｾＢｎＮｴ＠
｣Ｎｾ･ｭｲ
Signed
Signed
ﾷ＠
ReprespQ.ta)1ve
ｈ･｡ｾ＠
ｄｲｾ｡ｭｯ＠
-·- -
.... --
5
BETWEEN
RESEARCH AND DEVELOPMENT CENTER FOR SOCIAL AND
CULTURAL STUDIES OF THE INDONESIAN INSTITUTE OF SCIENCES
AND
THE HANS SEIDEL STIFTUNG E.V. OF GERMANY
CONCERNING
ADVISORY ASSSISTANCE FOR LIPl'S LEGAL RESEARCH PROGRAM .
ON LAW ENFORCEMENT AND LEGAL REFORM IN THE FIELD OF LAW
ESPECIALLY CONSTITUTIONAL LAW AND ITS RELATED MATIER
DURING 1999 - 2002
ｾ Ｎ＠
0
Research and Development Center for Social and Cultural Studies of the
Indonesian Institute of Sciences, hereinafter referred to as the RDCSCS-LIPI,
and the Hans Seidel Stiftung E.V. of Germany, hereinafter referred to as the
HSS, both of them hereinafter referred to as "the Parties"
Referring to the Agreement between the Government of the Republic of
Indonesia and the Hans Seidel Stiftung E.V. of Germany concerning Technical
Cooperation signed in Jakarta, on September 3, 1997.
Considering their common interest to accelerate advance in law enforcement
and to support legal reform process.
Pursuant to the prevailing laws and regulations in Indonesia as well as the
procedures and policies of the Government of the Republic of Indonesia
concerning International Technological Cooperation.
()
HAVE AGREED AS FOLLOWS :
Article 1
Objectives
The objectives of the cooperation are to provide a frame work for the
exchange of scientific and technical knowledge, to promote research and
development and other scientific and technical cooperation between both
Parties.
Article 2
Cooperation Activities
The cooperative programs shall include sharing of resources of scientists, law
· as social science, information and other related activities for the programs.
'7A!-..,,
Article 3
Plan of Operation
1. Detailed description of the scope of activities will be defined in a Plan of
Operation which constitute as an integral part of this Memorandum of
Understanding (MOU);
2. The Plan of Operation shall be drawn up and agreed upon by both Parties
and approved by the Government of the Republic of Indonesia through the
Cabinet Secretariat.
Article 4
HSS's Contribution
Subject to the availability of funds, HSS shall make the following contributions:
1. Provide funds, and other materials for the implementation of cooperation
programs;
2. Provide expertise and experts as may be needed to transfer their skills,
knowledge and technology to Indonesian personnel; particularly for the
implementation of cooperative programs under this MOU;
3. Provide training awards and scholarship for UPI personnel to be conducted
in Indonesia or Germany, organizing workshop, information visits, exchange
programs, seminars, training, conferences and other instructional activities
for upgrading the capabilities and skills of UPI associated with the
cooperation programs and personnel of foreign organizations and
institutions.
Article 5
RDCSCS-LIPl's Contribution
In accordance with the prevailing laws and regulations in Indonesia, and
subject to personnel and budget limitation, RDCSCS-UPI shall :
1. Assign qualified experts and researchers to assist implementation of
activities under this MOU;
2. Assist in arranging for necessary permits for approved HSS's staff and
experts which are needed to enter and leave the country whenever
necessary, inc\uding their work and stay permits in \ndonesia;
3. Arrange the exemption of the approved HSS expatriate personnel from the
payment of custom duties, for import of goods for the execution of
cooperative programs under this MOU;
2
ﾷ ｾ＠
4. Provide administrative support for the implementation of the project as well
as for its coordination with other relevant agencies and the implementing
institutions involved;
5. With the assistance of HSS, organize and conduct regular seminars for
national staff and technical workshops and seminars required for the
implementation of specialized or typ_ical programs;
6. Organize the publication of proceeding journal.
Article 6
Intellectual Property Rights and Publication
1. Any Intellectual Property Right (IPR) brought by one of the Parties for the
implementation of activities under this MOU shall remain the property of
the Party. However, that Party shall indemnify that the IPR is not resulted
from the infringement of any claim made by any third party on the
ownership and legality of the use of the IPR which is brought in by the
aforementioned Party for the implementation of the cooperation activities
under this MOU;
2. Any IPR, data and information resulting from research activities conducted
under this MOU shall be jointly owned by both Parties, and both Parties
shall be allowed to use such property for non-commercial purpose free
royalty. Should the IPR, data and information resulted from the cooperation
activities under this MOU be used for commercial purposes by one Party,
the other Party shall be entitled to the royalties obtained from the
exploitation of such property on basis of the principle of equitable
contribution. In such case, the object of the research activities conducted
under this MOU shall constitute a part of contribution of the party from
which the object derives. The value of the object as part of contribution will
be measured by taking into account the following factors:
a. the scarcity of the object (the rarer the object is, the higher its value will
be)
b. the commercial value of the result of the research (the higher its
commercial value is, the higher the value of the project as part of the
contribution will be)
3. If either Party wishes to disclose confidential data and/or information
resulted from cooperation activities under this MOU to any third party, the
disclosing Party must obtain prior consent from the other party before any
disclosure can be made;
4. Whenever either Party requires the cooperation of another party outside
Indonesia and Germany for any commercial undertaking resulting from
intellectual property covered by this MOU, this Party will give first
preference of the cooperation to the other Party under this MOU, which will
3
be waived, if the other Party is unable to participate in mutually beneficial
manner;
5. HSS shall obtain written approval from UPI for installation and publication
of research findings;
6. Data intended for publication within the framework of the agreed program
or specific projects shall be jointly decided by both Parties;
7. Termination of this MOU shall not affect rights and/or obligation under this
Article during the first ten years after such termination.
Article 7
Limitation of the Personnel
The parties shall ensure that their personnel engaged in the activities under
this MOU will not engage in political affairs or any commercial or activities in
Indonesia and Germany outside the program of cooperation under this MOU
without the prior approval of their respective government. ·
Article 8
Settlement of Dispute
Any dispute or controversy arising out of the interpretation or application and
implementation of this MOU shall be settled amicably through consultation and
negotiation by the Parties.
Article 9
Amendments, Duration and Termination
1. Any amendment to this MOU can only be made after consultation and by
written mutual consent of both Parties.
2. This MOU shall be in effect from the date of signing and be valid for the
duration of 3 (three) years from that date, and will be automatically
renewed on an annual basis thereafter unless terminated or replaced with
a new MOU.
3. This MOU may be terminated by either Party subject to written notice of at
least 6 (six) months in advance. In case this MOU ceases to have effect on
account of the termination thereof, the provision of the Plan of Operation
shall continue to apply to the extent necessary to secure to the completion
of existing programs or activities as specified in the Plan of Operation.
4
IN WITNESS WHEREOF, the undersigned, the Authorized Representatives,
have signed this Memorandum of Understanding.
Done in duplicate at Jakarta on this day of 19 (nineteenth) November in the
year of one thousand nine hundred and ninety nine, in the English Language,
both texts being equally authentic.
FOR
HANS-SEIDEL-STIFTUNG
E.V. OF GERMANY
FOR
RESEARCH AND DEVELOPMENT
ｃｅｎｔｾｉａｌ＠
AND CULTURAL
ｓｔｾｄｏｎｅｉａ＠
ｉｎｾｃｅｓ＠
ｒ･ＹｻｾＢｎＮｴ＠
｣Ｎｾ･ｭｲ
Signed
Signed
ﾷ＠
ReprespQ.ta)1ve
ｈ･｡ｾ＠
ｄｲｾ｡ｭｯ＠
-·- -
.... --
5