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Urgensi Pengaturan Tentang Peralihan Hak Atas Merek Sebagai Objek Jaminan Fidusia Amrulla, Mohammad Fahrial
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): Desember 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2767

Abstract

His study aims to find out that these researchers are meant to address the importance of the transfer of rights to a trademark that is used as a fiduciary jinminary object. So it can be seen that the importance of the arrangement of the transfer of rights to the trademark as the object of fiduciary collateral can provide legal certainty for the creditor and debtor as well as to know what legal factors causing the transfer of the trademark can not be applied if the trademark becomes the object of fiduciary collateral. type of normative research. From the research that has been done obtained the result that substantially Law no. 42 of 1999 on Fiduciary Guaranty and Law No.20 of 2016 on Trademarks and Geographical Indications have not been able to provide clarity in interpreting Article 1 number (1) of Law no. 42 of 1999 on Fiduciary Collateral, as well as Article 41 of Law No.20 of 2016 on Trademarks and Geographical Indications, and Section 499 of the Civil Code.How to cite item: Amrulla, M. (2018). Urgensi Pengaturan Tentang Peralihan Hak Atas Merek Sebagai Objek Jaminan Fidusia. Jurnal Cakrawala Hukum, 9(2), 135-141. doi:https://doi.org/10.26905/idjch.v9i2.2767
Analisis terhadap Penerimaan Merek yang Digunakan sebagai Objek Jaminan Fidusia Igal Gilang Kurniawan; Kadek Wiwik Indrayanti; Hendra Djaja; Muhammad Fahrial Amrullah
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (887.777 KB) | DOI: 10.26905/blj.v2i2.6826

Abstract

In the context of national development amid the progress of the times, intellectual property in the form of brands is considered to have potential as a source of banking funding. Intellectual property in it resides in economic rights and moral rights so that it is believed to have commercial value so that it is very possible to be used as an object of collateral for banks to obtain credit facilities. In banking practice, trademark rights have been accepted as objects of fiduciary guarantees as additional guarantees to obtain credit facilities. Marks are specifically regulated through Law Number 20 of 2016 concerning Marks and Geographical Indications. However, the mark is not mentioned as an object that can be imposed on it using a fiduciary scheme. This study uses a juridical-normative approach. This research focuses on library materials such as laws and regulations and relevant sources. This study examines the basis of brand acceptance as an object of fiduciary guarantee and brand requirements as an object of fiduciary guarantee. The results of this study indicate that the brand is classified as an intangible movable object that has a valuation (economic value) in it that can be used as an object in a legal relationship. A mark can be imposed on it by using a fiduciary scheme if the mark meets the juridical requirements, its economic value can be measured reliably and does not conflict with the socio-cultural
Tanggungjawab Yuridis PT. Tokopedia atas Kebocoran Data Pribadi dan Privasi Konsumen dalam Transaksi Online Alfrida Sylfia; i Gusti Ngurah Adyana; Mohammad Fahrial Amrullah; Hendra Djaja
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v2i1.5850

Abstract

The development of information technology which is increasingly advanced and developing rapidly has caused everyone to easily carry out various online transactions using electronic media without any limitations in space and time. With this progress, it creates new problems in electronic systems that cause leakage of personal data andconsumer privacy. Such as experienced by business company, PT. Toko Pedia. This approach focuses on examining literature materials such as statutory regulations and other relevant sources. This study examines how the legal relationship between consumers and PT. Toko Pedia as well as how the responsibilities of PT. Toko Pedia if there is a leak of personal data and consumer privacy. This study uses a normativejuridical approach. The results of this study are to provide an understanding of perotecting personal data and consumer privacy, the efforts if there is a leak of personal data and consumer privacy, the penalty and responsibilities that business company accept of leaking the consumer privacy and personal data.
Alternatif, Penyelesaian Sengketa Utang Piutang berbasis Aplikasi Online Rahmat Bakhtiar Pratama; Hendra Djaja; Tri Susilaningsih; Moh Fahrial Amrullah
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v1i1.5277

Abstract

Debt receivables are based on an agreement, an agreement on receivables is included in the principal agreement. In the event of a process of debt receivable agreement made by the creditor and debtor. debtor basically based on trust between the creditor and the debtor, but a lot of debt occurs using additional agreements or assessors that govern collateral, accounts receivable debtusing collateral can vary, collateral for movable or immovable objects, tangible movable objects or intangible. The phenomenon that is happening right now is that there are accounts receivable debts where the lenders and debt recipients have never met, these debts use online applications or commonly referred to as online applications and some call it the term fintech which stands for financial technology. This debt continues to use the agreement, and the agreementshould still comply with the rules and regulations which are basically regulated in article 1313 BW, and 1320 BW. Problems occur if one of the parties in the debt agreement is broken or promised to commit an act against the law, disputes that occur in the event of the debt can be resolved by resolving disputes outside the court. Settlement of disputes outside the court can bean alternative to problems that occur in the debt and credit activities using online applications.
Website socialization as a marketing media for well drilling services in Kalisongo Village, Malang City Hudriyah Mundzir; Shohib Muslim; Yushintia Pramitarini; Abdul Chalim; Mohammad Fahrial Amrulla
Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang Vol 7, No 2 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/abdimas.v7i2.6791

Abstract

Various problems faced by well drillers in carrying out drilling. The problem is the lack of understanding of well drillers in marketing well drilling services that are in accordance with today's all-digital conditions. The next problem is the well drillers who do not understand and apply occupational health and safety when drilling. The purpose of this community service is to increase the productivity of artesian well drillers in Kalisongo Village, Dau District, Malang Regency, which is carried out by the method of socializing the website as a marketing medium for well drilling services and introducing website marketing of well drilling services to well drillers and understanding the importance of implementing health and work safety. The result of our dedication is the formation of the matair.id website as a marketing medium for artesian well drilling services and the application of occupational health and safety for well drillers.
Hak Gugat Harta dalam Perkawinan Poligami Deas Oktaviara Habiansyah; Dewi Astutty; M Ghufron Az; Mohammad Fahrial Amrullah
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7958

Abstract

As social beings, humans in living their daily lives are creatures who communicate with each other and need each other. It becomes a common thing when there is finally an attraction between the opposite sex. Love and affection are the reasons humans are bound in a relationship called marriage. Polygamous marriages cause several somah in marriage. Equality of position between husbands and wives will be determined by the pattern of marriage carried out. Based on legal facts, it is found that the husband's previous wife denied the rights. In addition, the rights to joint property are reduced by the interests of other wives, both second, third, and fourth. The type of research used by the author in this study is a type of normative legal research. If on one occasion another wife (second, third, and or fourth wife) in a marriage with the principle of polygamy commits fraud by using joint property unilaterally, then the first wife can sue civilly to the court against the unfair use of property, or it can go through the court of law. crime as a crime.
Optimizing the role of political party courts in resolving internal political party disputes Ferry Anggriawan; Mohammad Fahrial Amrulla; Fadilla Dwi Lailawati
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7962

Abstract

The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Article 33 of the UUPP can submit the settlement mechanism through a lawsuit to the District Court and the Supreme Court. The legal fact is that from several internal political party dispute cases, the settlement process is not only done through these two methods. However, someone suddenly created a rival Extraordinary Congress, seeking legal tendencies at the Ministry of Law and Human Rights of the Republic of Indonesia to file a lawsuit with the State Administrative Court. So it is necessary to have a new legal concept to optimize the role of the Political Party Court and a one-door mechanism for resolving internal disputes of political parties.How to cite item: Anggriawan, F., Amrulla, M., Lailawati, F. (2022). Optimizing the role of political party courts in resolving internal political party disputes. Jurnal Cakrawala Hukum, 13(2), 145-156. DOI:https://doi.org/10.26905/idjch.v13i2.7962.
Legal consequences of adopting children of Indonesian citizens by foreign nationals Fadilla Dwi Lailawati; Ferry Anggriawan; Sunarjo Sunarjo; Ariyanti Ariyanti; Mohammad Fahrial Amrulla
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.8881

Abstract

This study aims to analyze the legal regulations regarding the adoption of children of Indonesian citizens by foreign nationals through a court decision process because in this case, the adoption is not a dispute which is then made into a decision, in accordance with the HIR stating that the decision was taken because of a lawsuit. This means that there must be a dispute between the disputing parties. Government Regulation 54 of 2007 concerning the Adoption of Children, contradicts article 184 HIR and needs to be reviewed because this regulation conflicts with the Criminal Procedure Code. Civil evidence is determined by very restrictive evidence, namely the judge in considering his decision is very fixated on the existing evidence. In this case, formal evidence is an authentic letter, namely a letter issued by an authorized agency made by an official who has been sworn in for an act. However, the letter may become inauthentic if a court decision overturns it; as long as there is no cancellation, the judge is bound by an authentic letter because the evidence is perfect evidence, so if the decision to adopt a child becomes void if there is a court decision that cancels it.How to cite item: Aisyiah, C., Wisnuwardhani, D. (2022). Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3), 242-252. DOI:https://doi.org/10.26905/idjch.v13i3.9012.
Dropshipper responsibility in case of damaged goods in e-commerce transactions Reni Astutik; Sunarjo Sunarjo; I Gusti Ngurah Adnyana; Dewi Ayu Rahayu; Mohammad Fahrial Amrulla; Ferry Anggriawan; Ariyanti Ariyanti; Fadilla Dwi Lailawati
Jurnal Penelitian Vol 19, No 2 (2022): December 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/jp.v19i2.9295

Abstract

Dropshipping is a buying and selling system where the drop shipper sells products that he doesn't own. Dropshipping is basically buying and selling that is carried out between sellers and buyers using internet media. The dropshipper only has photo samples of the supplier's goods, usually in the form of photos, which are then marketed to consumers at a price determined by the dropshipper, if sold, the dropshipper buys goods from the supplier by asking the supplier for help sending the goods to consumers on behalf of the dropshipper shop. Thus, in carrying out dropshipping buying and selling transactions, it involves parties, namely suppliers and dropshippers. E-commerce has recently been favored by producers both large and small as well as retail sellers in general. This is because promotion through online media is easier to reach consumers in terms of introducing or selling their products. E-commerce makes it easier for consumers and producers to make transactions. A dropshipper is a party that advertises goods, sells goods without owning the goods through his online shop, which then organizes so that the ordered goods are sent directly from the supplier to the consumer. Suppliers or also known as vendors are the owners of goods whose role in dropshipping is to send goods directly to buyers.
Edukasi Protokol Kesehatan dan Pemberdayaan Masyarakat pada Masa Pandemi Covid-19 Moh. Fahrial Amrulla
Prosiding Seminar Nasional Pengabdian Masyarakat Universitas Ma Chung Vol. 1 (2021): Prosiding Seminar Nasional Pengabdian Masyarakat Ma Chung 2021
Publisher : Ma Chung Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (636.497 KB) | DOI: 10.33479/senampengmas.2021.1.1.280-293

Abstract

Pandemi Covid-19 yang melanda Indonesia membawa dampak yang sangat buruk bagi kehidupan masyarakat di berbagai bidang, khususnya bidang ekonomi. Terutama dengan adanya kebijakan Pembatasan Sosial yang ada pada kenijakan pemerintah, membuat banyak kegiatan masyarakat terganggu bahkan terhenti. Pengurangan kasus jangkitan virus menjadi sebuah harapan yang diimpikan bagi seluruh masyarakat Indonesia saat ini. Agar negeri ini bisa terbebas dari pandemi Covid-19. Kesehatan tubuh sangatlah penting disaat seperti ini, sebab jika imun dalam tubuh lemah akan semakin mudah virus Covid-19 menjangkiti. Sehingga angka kasus penyebaran Covid-19 terus mengalami kenaikan. Perlu adanya sebuah tindakan kontribusi demi tercapainya kehidupan masyarakat yang sehat. Beberapa cara pernah dilakukan untuk menurunkan angka kematian akibat Covid 19 salah satunya adalah kegiatan sosial Program Promosi Kesehatan. Melalui kegiatan ini, edukasi cara hidup sehat dengan membuat produk-produk kesahatan yang mudah dibuat adalah sangat dibutuhkan selain itu sebagai pemberdayaan masyarakat yang terdampak perlu untuk mencari kegiatan lain yang menghasilkan, salah satunya dengan mulai merintis usaha rumahan. Melalui kegiatan ini akan ditunjukkan cara membuat minuman kesehatan berbahan dasar sereh dan jeruk nipis serta bertanam dengan metode hidroponik dengan memanfaatkan kotak sterofoam.