Intellectual property right protection of Bantaeng Robusta Coffee through geographical indications

Based on the Trade Related Aspect of Intellectual Property Rights (TRIPs) agreement, manufacturers are prohibited from using labels or brands on their production goods that do not comply with geographical indications. Member countries must provide legal means prohibiting signs on goods that can mislead the public that the goods in question originate from other regions than the actual origin of the goods. The primary purpose of registering geographic indications is to protect producers and consumers from product counterfeiting specific to the region. In addition, the registration of geographical indications also aims to increase the income of the business community for typical regional products. This research is an empirical law study to identify the potential of Robusta Coffee in Bantaeng to obtain Geographical Indication protection. The study results found that Robusta Coffee of Bantaeng has qualifications in the premium grade category, with a final score of 81.92. Therefore, the Regional Government of Bantaeng Regency can apply for registration of geographical indications because Bantaeng Robusta Coffee has a reputation and characteristics influenced by geographical and human factors.


Introduction
Indonesia has a large area and a favorable climate for growing various types of coffee.Each variety of Indonesian coffee beans has a varied and authentic taste because it is influenced by the region where the coffee is grown.Based on search results on the Directorate General of Intellectual Property (DJKI) website, 32 types of coffee have been registered with Geographical Indications (GIs) spread throughout Indonesia.Several Coffee varieties that have been registered are Arabica Gayo, Arabica Tanah Karo, Arabica, Arabica Sumatera Mandailing, Liberika Rangsang Meranti, Liberika Tungkal Jambi, Robusta Lampung, Robusta Java Bogor, Robusta Pupuan Bali, Arabica Kintamani Bali, Arabica Kalosi Enrekang, Robusta Pinogu, and Arabica Baliem Wamena.
Kintamani coffee is among the most popular coffees with a high selling value because it already has a GI certificate.Kintamani coffee has unique characteristics because natural and human factors influence it, so the taste differs from other coffee types.The process of planting to harvesting occurs naturally and traditionally to maintain the balance of nature by using subak irrigation systems, organic fertilizers, and no pesticides [1].GIs are intellectual property mechanisms applicable to goods and services characterized by the place where they originated (collected, produced, or manufactured), involving environmental, historical, social, and cultural specificities [2].Based on the provisions of Article 1 Number 6 Law Number 20 of 2016, GIs are part of Intellectual Property Rights (IPR) in the form of a sign indicating the area of origin of goods and/or products that, due to GI factors, including natural factors, human factors or a combination of these two factors give reputation, quality and certain characteristics to the goods and/or products produced.Furthermore, GI rights are exclusive rights granted by the state to registered GI holders as long as the reputation, quality, and characteristics that form the basis for the protection of said GIs still exist.
Legal protection for Indonesian GI products needs to be improved.Although Indonesia has ratified various international agreements such as the TRIPs agreement through Presidential Decree Number 7 of 1994 and The Paris Convention for the Protection of Industrial Property Rights 1883, there are still several cases of violations against Indonesian GI products claimed by other countries, such as cases of violations against Toraja Coffee and Gayo Coffee.Therefore, the government hopes that GI can become an instrument to protect and assess the market potential of agricultural products and related traditional knowledge [3].GI protection aims to clarify the identity of products in an area, establish production process standards, preserve the culture and traditional knowledge of the community, strengthen community institutions that produce unique products in an area, and increase people's income.
IPR support the economic development of a country.However, with its extraordinary natural resources, Indonesia has not been able to optimize the protection of IPR [4].The existence of superior products plays a crucial role in economic progress in an area, especially in improving the welfare of the local community.The more unique and distinctive a product is, the more attractive it will be so that it will be sought after by consumers.One example is IG Kintamani Bali coffee products.Along with the increasing demand and expanding market, there were other processing groups, from 40 to 60 groups with a workforce of 1,750 people to 2,640 people [5].Other coffee-producing regions in Indonesia, including Bantaeng Regency in South Sulawesi, can emulate this.
Bantaeng coffee was known in the XVII century.However, the commercialization of coffee commodities was only carried out by the VOC in 1860 (XIX century) in the North District in Toraja and Enrekang and the South District, namely Zuiderdistricten.Bantaeng, Oosterdistricten Bulukumba and others.Bantaeng is one of the largest coffee-producing areas in the South Sulawesi region, with altitudes varying from 0-1500 meters above sea level (masl).Coffee plantations in Bantaeng Regency are located in 5 districts; Tompobulu, Eremerasa, Bantaeng, Sinoa, and Uluere.The types of coffee spread across Bantaeng Regency consist of Arabica Coffee, Robusta Coffee, and Liberika Coffee.In 2021, the total coffee production in Bantaeng by type was Robusta Coffee, 961.29 tons with a plantation area of 2,856 hectares, and Arabica Coffee, 442.75 tons with a plantation area of 956 hectares.The harvesting process generally uses traditional picking methods with 80% red seeds [6].
Based on these data, it is known that Robusta Coffee is one of the mainstay products of plantations in Bantaeng Regency.The potential of coffee plantations in Bantaeng Regency can be developed in line with increasing market demand.One aspect that needs to be developed is the economic aspect of market development, where development at the village and district levels is still underdeveloped.This is caused by a lack of information regarding market opportunities, so not all of the Robusta coffee produced in Bantaeng is managed in Bantaeng but is sold to Toraja or the city of Makassar, thus becoming the branding of Toraja Coffee or Makassar Coffee.The characteristics of Bantaeng Robusta Coffee with a distinctive taste should be upgraded to become a significant trading commodity by increasing the reputation of Bantaeng Coffee under Law Number 20 of 2016 concerning Trademarks and GIs.Therefore, the study aims to find characteristics that can recommend the local government of Bantaeng district to register the GIs of Bantaeng Robusta Coffee.

Methods
This research is empirical research conducted in Bantaeng Regency.Data collection was carried out through field research and laboratory research.The data obtained are in the form of primary and secondary data in this study, then analyzed qualitatively by systematically arranging data obtained to achieve clarity of the problem discussed.After the data analysis is complete, the results are presented descriptively by providing an overview of the potential GIs of Bantaeng Robusta Coffee.

Characteristics of Bantaeng Robusta Coffee
An idea created by someone with specific skills would be exclusive if realized in a tangible form.Therefore, protection must be provided to prevent the use of ideas by other parties, both morally and economically [7].Intellectual Property Rights play a role in providing legal protection for intellectual works, both communal and private.Therefore, understanding and utilization of intellectual property can be achieved by providing various information about policies, regulations, recent developments, and implementation practices.
The protection of geographic indications has an impact on the economic income of local communities [8].Based on the definition of GIs regulated in Article 1 Point 6 of Law Number 20 of 2016, GI is influenced by geographical, environmental factors and human factors, or a combination of these two factors that give a product a particular reputation, quality, and characteristics [9].

Geographical factor.
In the nineteenth century, South Sulawesi became one of the largest Dutch East Indies coffee exporters outside Java.Residents in Bantaeng Regency have known coffee plants since the XVII century under the Arabs who traded with the kingdom of Gowa.In the post-independence era, the area in the sub-districts of Uluere, Tompobulu, and Eremerasa was known as a producing area for Merk Coffee (a product designation for Robusta coffee) and Bonthain coffee (Arabica coffee).After that, all Bantaeng coffee production, better known as South Coffee, was sold to various regions in South Sulawesi, regionally, nationally, and internationally [6].
Robusta Coffee is a derivative of Coffea Canephora.Several studies have reported that Robusta coffee plants strongly resist various pest attacks, with a slightly bitter taste characteristic, and contain higher levels of caffeine than Arabica Coffee [10].Bantaeng Robusta Coffee is spread across the plains at the foot of Mount Lompobattang, with a complex topography consisting of coastal areas, lowlands (valleys), and highlands (mountains).The area where Bantaeng Robusta Coffee is cultivated is spread from 600 meters above sea level to 1350 meters above sea level.Variation in altitude in the cultivation area makes Bantaeng Robusta Coffee richer in taste quality.Based on research in 2022, robusta coffee cultivation areas in Bantaeng district are in Eremerasa District and Tompobulu District.However, not all areas in the two districts are included in the cultivation area.Eremerasa District consists of 9 villages that have different elevations.Especially for the distribution of Bantaeng Robusta Coffee in Eremerasa District with good quality comes from Kampala Village (altitude 500-900 masl), Pa'bumbungan village (500-1000 masl), Parangloe village (500-800 masl).As for the spread of Robusta Coffee in Tompobulu District, it comes from Bonto-Bontoa Village (502 masl), Campaga Village (546 masl), Bonto Tappalang Village (620 masl), Balumbung Village (626 masl), Labbo Village (788 masl), Pattaneteang Village (699 masl), Ereng-Ereng Village (649 masl), Banyorang Village (502 masl).
The air temperature of Bantaeng Regency in October and November 2021 is around 23.6° Celsius with humidity of 78.5% and 82.4% and air pressure of 1004 and 1003.6 mbar.The lowest temperature occurs in July, 20.5°C, with an air humidity of 76.7% and an air pressure of 1009.4 mbar [6].
Furthermore, based on information obtained from the Research Institute for Industrial and Refreshing Plants website, the optimal air temperature for the growth of robusta coffee plants ranges from 21-24° Celsius.High rainfall and humidity will affect the ripening process of a commodity, including coffee.With high rainfall in Bantaeng, with an average of 3000 MM/year and high air pressure, Bantaeng Robusta Coffee at an altitude of 600-1000 Mdpl+ will experience a slower maturity process so that it absorbs more nutrients which makes the quality of Bantaeng Robusta Coffee taste diverse.Based on the report of a sample test from the Laboratory for Testing Indonesian Coffee and Cocoa Research Institute in Jember on October 13, 2022, Bantaeng Robusta Coffee has characteristics with an excellent taste profile (Final Score 81.92), it included the Specialty Coffee class (Fine Robusta).
Then, we conducted a sample test to determine the substance contained in the soil in the Bantaeng Robusta Coffee plantation area through the X-ray fluorescence (XRF) spectrometry method.XRF is used to analyze the chemical constituents and the concentrations of the constituent elements contained in a sample.Soil analysis was carried out using the edxrf unique tool in the Hasanuddin University integrated science laboratory. .This shade setting reduces the intensity of direct light from the sun.The intensity of sunlight transmitted to the coffee tree is best, with an intensity of 50-65%.The shade setting will affect the quality of the coffee taste and the ripening process of the coffee beans.Seeding is done two ways: by sowing coffee beans in soil beds and by using polybags directly.With the cultivation process that has switched to a system that complies with the specified standards, the quality of the Bantaeng Robusta Coffee seeds will be better.At the treatment stage, coffee farmers usually do toppings to reduce the height of the coffee.This is done for nutrients absorbed from the soil and the surrounding environment to be focused on the productive stalks.Furthermore, at the harvest stage, coffee is picked in a simple/manual process by picking red fruit.The picking is carried out carefully so that there is no broken bark/branch/tree.Harvested fruit is usually processed on the same day by sorting and drying to prevent fermentation and the appearance of mold.Red fruit harvest greatly affects the quality of coffee, especially Bantaeng Robusta Coffee.The physiological color change to dark red will give birth to a thick and varied coffee taste.A proper and slower ripening process will make maximum absorption of nutrients.
The processing of Bantaeng Robusta Coffee uses the natural process and natural pulped method.Natural Process (Dry Process) is one of the oldest techniques in the history of coffee.The initial step taken by farmers is to pick Robusta Coffee cherries.The harvested coffee is then spread over the racks and dried in the sun.Apart from drying in the sun, several Bantaeng Coffee production areas also use greenhouses to minimize weather changes and maintain the temperature and humidity of the coffee beans.After drying, a huller machine removes the horn skin from the coffee beans.Then, the green beans are sorted and stored with standard humidity at room temperature, around 19-25 degrees Celsius.Meanwhile, processing using the Pulped Natural Process method is done by removing the skin with a pulper machine, and then the coffee beans are dried on the rack.

Legal protection of Bantaeng Robusta Coffee
There are two systems for registering GIs and Appellations of Origin under International Intellectual Property Law: the Lisbon Treaty and the Madrid Protocol.The Lisbon Treaty protects original names and international registration, while the Madrid Protocol applies to trademark registration in other countries [11].
GI protection needs to be expanded because GI protection regulated in TRIPS is not enough to protect all products.TRIPS gives more protection to wines and spirits only.Furthermore, there are different levels of protection in Articles 22 and 23 of TRIPS.The expansion of GI protection must be supported because it will benefit developing countries significantly.The extension of GI protections can prohibit the pillaging of reputation, attract investment and increase the power of developing country products in the market [12].Since GIs are set out in the TRIPs Agreement, Indonesia, as a member of the WTO, has established a regulation on GIs in its national law.The GIs regulation was first stipulated in the Law of the Republic of Indonesia No. 14 of 1997 concerning Trademarks [13].Based on the TRIPs regulations, each member must provide legal means for interested parties to prohibit the use of a mark on an item that misleads the public regarding the geographical origin of the item.This provision's purpose is to prevent actions that can mislead consumers [14].
In the era of global trade, the role of Marks and GIs is crucial, especially in maintaining fair business competition and protecting Micro, Small, and Medium Enterprises and domestic industries.The arrangement of the production system, control method, compliance with the document of GI, and guidance and supervision of the Regional Government could enhance national welfare and selfsufficiency [15].In this situation, the government must carry out its public duties and functions to serve the interests of the people who are always bound by existing law.This action aims to achieve the prosperity and welfare of the people [16].In comparison, GIs are protected in the EU at a level significantly higher than in other jurisdictions [17].
The provision of protection for geographical indications, which adopts a constitutive registration system, emphasized the potential of a certain region because the distinctiveness of a product from the region cannot be found in the others [18].GI Bantaeng Robusta Coffee obtains legal protection when it 1230 (2023) 012010 IOP Publishing doi:10.1088/1755-1315/1230/1/0120106 has been registered.Applications for GIs shall be submitted in writing to the Directorate General of Intellectual Property (DJKI).The purpose of the registration is to guarantee legal certainty for a typical commodity, especially Bantaeng Robusta Coffee.Based on the Regulation of the Minister of Law and Human Rights Number 12 of 2019, an applicant for GIs is an institution representing the community in a specific geographical area and/or the local government submitting an application for GIs.The applicant for GIs must describe the reputation, quality, and characteristics of goods and/or products related to geographical factors.Therefore, Bantaeng Robusta Coffee GIs must be registered by community organizations and the regional government of Bantaeng Regency.
In carrying out efforts to register the GIs of Bantaeng Robusta Coffee, community organizations and the government of Bantaeng Regency must prepare a descriptive document containing the applicant's data, the name of the product, a description of the characteristics and qualities that differentiate it from other products in the same category; description of the natural factors and human factors that affect the quality and product produced; description of the area map; a description of the history and traditions related to the product, public recognition of the product; description of the production process, processing process, and manufacturing process, description of the method used to test the quality of the goods produced; and labels used on goods and containing GI.The Substantive Examination Team examines the application for registration submitted.The team will check the correctness and completeness of the information submitted in the description document.After examining the description document, the team will inspect the field/location of the GI product.
Based on the provisions of Article 37 of Regulation of the Minister of Law and Human Rights Number 10 of 2022, if Bantaeng Robusta Coffee has been registered as a GI product, it must include a GI logo on every product packaging and promotional media.With this protection, all products with the potential for GIs and competitive advantages that can increase the economic income of the people in an area must receive attention from the central government and regional governments [19].The period of IPR protection for a product lasts as long as the applicant can maintain the reputation, quality, and characteristics that form the basis for granting such protection.To ensure that GI products that have been registered can be maintained and still meet the qualifications that have been registered, the government needs to carry out guidance and supervision.In addition to the government, the community can also carry out supervision.
Legal protection for GIs starts from applying for registration, issuing GIs certificates, and deleting GIs to violations of the use of GIs.Community groups that have registered geographic indication products are entitled to legal protection, both civil and criminal.If a violation occurs, the community group can file a civil lawsuit in the form of a claim for compensation against the party who has used the geographic indication label without permission.Furthermore, parties proven to have committed these violations must also be subject to criminal penalties in imprisonment and fines [20].

Conclusion
Bantaeng Robusta Coffee has characteristics and a reputation that has the potential to be registered on GI.Based on laboratory test results at the Indonesian Coffee and Cocoa Research Center, Bantaeng Robusta Coffee is the Fine Robusta grade, which has an excellent taste profile with a final score of 81.92.Geographical factors, in the form of altitude, climate, soil, and rock conditions, influence the taste quality.In addition to geographical factors, the taste is also influenced by human factors, which carry out the drying process using racks and greenhouses.Bantaeng Robusta Coffee also has a good history and reputation among specialty coffee industry activists, including the single-origin Bantaeng Robusta Coffee project carried out by Kopi Api Coffee Roasters Makassar.The development of Bantaeng Robusta Coffee as a GI product can be carried out by maximizing the role of the government and coffee activists through cultivation following national standards.
Regulations regarding GIs currently in effect in Indonesia are Law Number 20 of 2016 concerning Trademarks and Geographical Indications, Government Regulation No. 51 of 2007 concerning Geographical Indications, and Regulation of the Minister of Law and Human Rights Number 12 of 2019 concerning Geographical Indications.

Table 1 .
Report of Cup Testing Robusta Coffee Bantaeng.

Table 2 .
The results of the soil sample analysis test using the X-ray fluorescence spectrometry method