Memorandum of Understanding between National Research and Innovation Agency and University of D, regarding the Implementation of Tri Dharma in Higher Education to Support National Research and Innovation, 2022

The Implementation Of Tri Dharma In Higher Education To Support National Research And Innovation

                                            Number :

                                            Number : /UN25/KS/2022

 This Memorandum of Understanding on the Implementation of Higher Education's Tri Dharma to Support National Research and Innovation (hereinafter referred as the "Memorandum of Understanding") was drawn up on Monday, the Eighteenth of October in the year Two Thousand Twenty-Two (18-10-2022), located in Jakarta, the undersigned:

1. Name., as the Chairman of the National Research and Innovation Agency, in this case acting for and on behalf of the National Research and Innovation Agency which was appointed based on the Decree of the Head of the National Research and Innovation Agency Presidential Decree Number 19/M of 2021 for Signing of the Cooperation Agreement on behalf of the National Research and Innovation Agency on October 18, 2022, domiciled at the BJ Habibie Building, Jalan MH Thamrin Number 8, Central Jakarta 10340, hereinafter referred to as the FIRST PARTY;
2. Name, as the Chancellor of the University, in this case acting for and on behalf of the University of D, who was appointed based on the Decree of the Minister of Education and Culture of the Republic of Indonesia Number: 20746/MPK/RHS/KP/2020 concerning Termination and Appointment of the Chancellor of the University of Dfor the 2020-2024 period, hereinafter referred to as the SECOND PARTY.

THE FIRST PARTY and THE SECOND PARTY, hereinafter collectively referred to as THE PARTIES, and individually referred to as THE PARTIES, shall first explain the following matters:

1. that the FIRST PARTY is a Government Institution under and responsible to the President in carrying out research, development, study and application, as well as inventions and innovations, nuclear operations, and integrated space operations;
2. that the SECOND PARTY is a State University of the Public Service Agency within the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia, which organizes the Tri Dharma in the development of science and technology and has a vision of becoming an Excellent University in the development of environmentally sound science, technology and art, business, and industrial agriculture; and
3. that the PARTIES realize the need to work together and synergize by utilizing their resources and competencies for the purpose of improving performance and obtaining greater benefits in mastering science, technology and innovation, as well as creating Indonesian people who are superior and beneficial to the nation and state.

Based on the above in accordance with their respective positions and authorities, THE PARTIES agree to bind themselves in a Memorandum of Understanding to optimize the principle of mutually beneficial partnership with the following terms and conditions:

Purposes and objectives

of Article 1

(1)    The purpose of Memorandum of Understanding is to serve as a guideline for the PARTIES to carry out activities for implementing the Tri Dharma of Higher Education to support national research and innovation in accordance with the scope in Memorandum of Understanding.

(2)     The purpose of Memorandum of Understanding is to synergize the resources and competencies possessed by the PARTIES to support the implementation of their respective duties and functions.

Scope of

Article 2

The scope of Memorandum of Understanding includes the following:

1. education which includes improving and developing human resource competencies, including the implementation of the Independent Campus Learning Program (MBKM);
2. research, development, assessment, and application, as well as inventions and innovations;
3. community service, including utilization of research and innovation results;
4. joint use of facilities and infrastructure owned by THE PARTIES;
5. other activities agreed by the PARTIES in accordance with the duties and functions of the PARTIES based on the provisions of laws and regulations.

Implementation

Article 3

(1)     The implementation of Memorandum of Understanding will be further regulated in the form of a cooperation agreement which is an integral and inseparable part of Memorandum of Understanding.

(2)     To implement Memorandum of Understanding, each PARTY appoints a work unit/organization as the executor of the Memorandum of Understanding.

(3)     In carrying out each activity based on Memorandum of Understanding, THE PARTIES must pay attention to the provisions of laws and regulations, procedures and other provisions that apply to the PARTIES.

(4)     Cooperation agreement as referred to in paragraph (1) is made no later than 6 (six) months after the signing of Memorandum of Understanding.

Correspondence

Article 4

(1)     Any and all notifications, letters and other correspondence in connection with the provisions of the Memorandum of Understanding must be notified in writing via courier or registered mail or via electronic mail with a clear receipt at the address of each PARTY as follows:

1. For the FIRST PARTY

Head of the National Research and Innovation Agency

BJ Habibie Building Jalan MH Thamrin Number 8 Jakarta 10340

Telephone       : +62811-1933-3639

E-mail              : ppid@brin.go.id

1. For the SECOND PARTY

Deputy Chancellor III for Planning, Data Information, Cooperation, and Public Relations

The University of D

Address           :

Telephone       : 

Email               :

(2)     In the event that there is a change in the correspondence as stated in paragraph (1), then no amendment is required to Memorandum of Understanding, thus the PARTY making the change must submit written notification to PARTY no later than 7 (seven) calendar days. Without such notification, correspondence made to the old address will be deemed to have been carried out in accordance with Memorandum of Understanding.

Financing

Artcile 5

(1)     All financing arising as a result of Memorandum of Understanding is borne by the budget of each PARTY with due observance of statutory provisions.

(2)     THE PARTIES either individually or jointly may seek other legal and non-binding sources of financing in accordance with the provisions of the laws and regulations.

Term

Article 6

(1)    Memorandum of Understanding is valid for a period of 5 (five) years from the signing of Memorandum of Understanding, and can be extended based on the agreement of THE PARTIES.

(2)     If Memorandum of Understanding is to be extended, the PARTIES wishing to extend it must first notify the other PARTY in writing no later than 30 (thirty) calendar days before the end of Memorandum of Understanding, and THE PARTIES will follow up with a coordination meeting on the draft extension of the Memorandum of Understanding.

Termination

Article 7

(1)  The Memorandum of Understanding ends when:

1. The validity period of the Memorandum of Understanding as referred to in Article 6 paragraph (1) has ended;
2. THE PARTIES did not follow up the Memorandum of Understanding with a cooperation agreement within the period stated in Article 3 paragraph (4); or
3. THE PARTIES agree to terminate the Memorandum of Understanding before the expiry period which is stated in a joint statement in writing.

(2)     In the event that one of the PARTIES intends to terminate the Memorandum of Understanding as referred to in paragraph (1) letter c, the PARTY wishing to terminate it must first notify the other PARTY in writing no later than 30 (thirty) calendar days before the Memorandum of Understanding wishes to be terminated.

Monitoring and evaluation

Article 8

(1)     Monitoring and evaluation of the implementation of Memorandum of Understanding is carried out periodically at least once a year jointly by the PARTIES.

(2)    The monitoring and evaluation results as referred to in paragraph (1) will be used as input and material for consideration in further cooperation.

Settlement of disputes

Article 9

(1)     Memorandum of Understanding is subject to and therefore must be interpreted in accordance with the provisions and laws and regulations of the Republic of Indonesia.

(2)   THE PARTIES agree that any and all disputes that may arise as a result of the interpretation and/or implementation of Memorandum of Understanding will be resolved by deliberation to reach a consensus.

(3)     THE PARTIES agree that disputes that cannot be resolved by deliberation to reach a consensus as referred to in paragraph (1) will be resolved through the Court.

Confidentiality of data and/or information

Article 10

(1)    Unless required by applicable laws and regulations, no PARTY in Agreement is justified in disclosing the contents of Agreement and/or utilizing the data and/or information used in the implementation Agreement, which is technical or commercial in nature. in any form.

(2)      Confidential data and/or information can be conveyed and used by the PARTIES, professional advisors, management, personnel and subcontractors or other parties who need to know and use confidential data and/or information provided that the other parties obtain prior written approval in advance from the PARTIES.

(3)     If necessary, in implementing Memorandum of Understanding, THE PARTIES agree to subsequently sign a Confidential Information Prohibition Agreement which is an integral part of Memorandum of Understanding.

Intellectual Property

Article 11

(1)     PARTIES who bring intellectual property that existed before Memorandum of Understanding took effect, must ensure that the said intellectual property does not violate the intellectual property of other parties and must be responsible for any claims from other parties regarding the implementation of the intended intellectual property.

(2)     If the implementation of activities based on Memorandum of Understanding produces new intellectual property, then it becomes the joint property of THE PARTIES which will be further regulated by a separate agreement.

(3)     The transfer of technology and/or commercialization of intellectual property as referred to in paragraph (2) will be implemented by THE PARTIES.

Publication

of Article 12

(1)     THE PARTIES have the right to publish information related to the process and/or results of the implementation of activities based on Memorandum of Understanding as long as the information is not confidential information.

(2)     THE PARTIES in making publications as referred to in paragraph (1) must:

1. ensure that publications made do not harm PARTIES; and
2. states that the process and/or results of the implementation of activities are obtained from the joint activities of THE PARTIES whose writing takes into account the applicable publication ethics.

(3)     None of the PARTIES in Memorandum of Understanding may use identity, including but not limited to logos belonging to PARTIES, for any publications and/or activities without obtaining prior written approval from PARTIES.

Changes

Article 13

Matters that have not been regulated and the changes required in Memorandum of Understanding will be regulated and determined later in amendments and/or addendums agreed by the PARTIES and are an integral part of Memorandum of Understanding.

Memorandum of Understanding is drawn up in 2 (two) original and sufficiently stamped copies, each of which is valid as the original and has the same legal force.