Community of Ijen-Raung mountain region grateful for the abundance of natural resources that have been given by the Almighty. With an area of 1560.10 km² mountainous region Ijen-Raung plateau has had a reputation as a producer of Arabica coffee since the 18^th century and has been known to the world market under the name Java Coffee. Submission of GI Certificate Arabica Coffee Java Ijen-Raung was made on November 29, 2013 at Ijen View Hotel Bondowoso by the member of the Directorate General of Intellectual Property Rights, represented by Bambang Iriana Djajaatmadja, SH., LLM., as the Trademark Director to the Head of the East Java Provincial Agriculture Office (representing the Governor of East Java).

Based on the existing data, Arabica Java coffee Ijen-Raung farmers has applied for Geographical Indication Protection to the Directorate General of intellectual property rights the Ministry of Justice and Human Rights in November 2012. This protection is very important for people in the mountains of Ijen-Raung because in addition to improving the standard of living and preserve the Geographical Indication of Java Coffee.

Several studies have been conducted in areas that are at latitudes between 07^o 56 130' - 08^o 01 527' LS, line arc between 114^o 02.121' - 114° 09.335' E, there have been describing as the plateau region with topographic variation between flat, undulating and hilly. There are dry in 5-6 months from May to September. Soil types is Andisol with physical and chemical fertility is very high. Coffee plants planted under shade has an easy tendency to decompose with the C/N ratio of less than 15 and a soil pH between 5.8-6.35 that are optimal for the growth of the coffee plant. Ijen-Raung mountains plateau at an altitude between 900-1500 m above sea level with an average temperature of 15-25^o C is suitable for the cultivation of Ijen-Raung Arabica Java Coffee. Ijen-Raung mountain region communities are very concerned of coffee processing methods both upstream and downstream. Score test cup with a medium roasting method (medium roast) ranged from 80.27 to 84.88 and categorized coffee from the Ijen-Raung mountain regions into the ranks of specialty coffee by the standards of the Specialty Coffee Association of America with a specific taste of sweetness and spicy which is very powerful.

Seeing the uniqueness of both the physical area of Ijen and Raung mountain, the distinctive flavor of the products produced as well as public awareness of the quality of coffee produced, then the coffee community at Ijen and Raung mountains plateau has been formed non-governmental organizations democratically under the name "Association of Community protection of Geographical Indications (PMPIG) Ijen-Raung Arabica Coffee" and PMPIG of Ijen-Raung Arabica Coffee has proposed registration to protection of Intellectual Property Rights (IPR) of Ijen-Raung Arabica Coffee mountain region to the Directorate General of IPR, Ministry of Justice and Human Rights, with the name Geographical Indications of " Ijen-Raung Arabica Java Coffee". The products are sought protection of Geographical Indication is HS dried coffee, coffee beans, roasted coffee, and coffee powder. To maintain a good reputation in the domestic market and international market, then PMPIG been determined to maintain excellent quality Ijen-Raung Arabica Java Coffee in accordance with what is stated in the Book of Requirements Geographical Indication registration proposal.

Source: Hukum Online, Humas DJHKI

Legal Analysis

Logically, IG-laden products are owned by people who have a direct interest in the relevant IG. However, within the framework of legal protection, the protection of GI requires proactive efforts of interested parties (from owners) in the form of registration in order to base its ownership. With regard to the case of Java Coffee, a claim can be made by interested parties representing communities (indigenous) Ijen or local government (see Article 5, paragraph [3] PP 51/2007). Bali Kintamani coffee for example, is a pilot project in Indonesia of GI registration. Important matter to be considered is the consistency of GI protection quality regional characteristics of the product in question, whether it comes from natural conditions, human resources, or a combination of both. Kintamani coffee production itself has been started since the beginning of the 19th century on the slopes of Mount Batur, Bali and characteristics of coffee can still be maintained both in the tradition of processing and the resulting coffee product. Protection Kintamani coffee GI had just acquired in 2008 and is the first GI in Indonesia.

Geographical Indication (GI) contained in the norm of TRIPs Agreement is the development of rules regarding to Appellation of Origin ("AO") which is regulated in The Paris Convention for the Protection of Industrial Property 1883 (Paris Convention 1883), as follows:

...the geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristic of which are due exclusively or essentially to the geographical environment, including natural and human factor.

Together with Indication of Source, AO is included in the rules of the trademark name is the name of a place to put their commercial products. Venue serves as a distinguishing mark. Broader understanding of the AO must match exactly the product, the GI refers not only to the name of the place, but also signs of regional or symbol that identifies the location of the origin of the products concerned distinctive concerned. For example, the Petronas Towers, the Sidney Opera House or Toraja traditional house. The sign is not a product of its trade, but as a sign attached to the origin of the products associated with product characteristics. Compare this condition with products such as Champagne, Tequila, or Parmigiano cheese. They are all examples of IG.

Definition of IG described in Article 22 paragraph (1) TRIPs Agreement, as follows:

...indication which identify a good as originating in the territory of a Member, or a region or locally in that territory, where a given quality, representation or other characteristic of the goods is essentially attributable to its geographical origin.

The settings of GI itself in the TRIPS Agreement does not regulate further particulars of certain norms to be followed by participant States. Minimum standards that must be done each State only do legal means in order of protection, including in regard of the unfair competition. What kind of form of protection is the ultimate discretion of each State. Rules of GI also be included within or outside of the rules of Trademark. Although TRIPS itself acknowledges that both the GI and Trademark are the independent regime.

There are rules regarding the GI in Indonesia, as one of the norms of IPR protection, participation and ratification comes after Indonesia in TRIPS (vide Presidential Decree No. 7 of 1994). The new norms that are part of a post-signing adjustments IPR rules are included in the TRIPS regime as set forth in the Act No. 14 of 1997 on Trademark and the new Trademark Act, Act no. 15 of 2001 ("Trademark Act"). Norm of restrictions mentioned in Article 56 paragraph (1) Trademark Act, as follows:

Geographical indications are protected as a sign indicating the area of origin of goods, which is due to environmental factors including geographical natural factors, human factors, or a combination of both factors, provide specific characteristics and quality of the goods produced.

Similar to the protection of Trademark in Indonesia, the GI also requires the protection of a registration application process. It's just that the registration is done by groups of people or institutions that represent or have interest in the product concerned. In contrast to trademark protection, GI knows no time limit protection all become superior characteristics can still be maintained. Translation of GI protection in detail the particulars set forth in the implementing rules of the form PP No. 51 of 2007 on Geographical Indication ("PP 51/2007"). Progress is recorded at this time, GI products that have been certified, among others: Bali Kintamani coffee, Arabica Gayo Coffee, Muntok Pepper, Jepara Carving Furniture, Sumedang Mole Tobacco, Sumedang Black Tobacco, Sumbawa Horse Milk, Lombok Kale and Adan Krayan Rice.