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All Journal JOURNAL OF PRIVATE AND COMMERCIAL LAW JURNAL ILMIAH ADVOKASI Seminar Nasional Hukum Universitas Negeri Semarang Jurnal Suara Hukum LEGAL BRIEF Risalah Hukum Jurnal Al Azhar Indonesia Seri Ilmu Sosial Jurnal Independent Indonesian Journal of Innovation Studies Jambura Journal Civic Education Officium Notarium MANGGALI Law Research Review Quarterly
Hediati, Febri Noor
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : jurnal independent

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Legal Position On Credit Financing For Creative Economy Actors With Guaranteed Trademark Rights Certificates Hediati, Febri Noor; Kuspraningrum, Emilda; Utomo, Setiyo
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.280

Abstract

Abstract Indonesia is one of the developing countries, one of which is in the field of trade or business. In the field of trade or business such as intellectual property rights. Many creative economy business actors in the UMKM industry in Indonesia, the UMKM industry is an economic sector that directly involves the creative economy community so that it is used as a support for the country's economy. For this reason, the government passed a regulation regarding the ease of obtaining financing in the development of an intellectual property-based creative economy for business actors in the world of trade. So that in this paper examines the legal position of credit financing for creative economic actors with trademark property rights as credit collateral. So that in the future the creative economy business actors can maximise the potential by producing quality products and have economic value. This writing uses a research method with a normative juridical approach conducted by examining library materials with a doctrinal approach. The results of this study are the first to formulate the legal position on the provision of credit financing for creative economic actors with trademark property rights as credit guarantees. This is because there is economic value in almost all intellectual property rights, especially in trademark rights, and as a legal subject, creative economy owners register with the Directorate General of IPR to obtain legal protection from the government with the issuance of IPR certificates. Later the intellectual property rights certificate can be used as a form of collateral from the credit financing process in banks or non-banks. The second effort made by the government to support the development of creative economy businesses by issuing PP no. 24 of 2022 which regulates credit financing based on intellectual property rights with the guarantee of IPR certificates.
The Position of Bills Of Lading in The Carriage of Goods at Sea Andrew, Febren; Purwanto; Hediati, Febri Noor
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.284

Abstract

ABSTRACT Legal rules for the transport of goods on an international scale are contained in three international conventions, namely The,Hague-Visby,Rules,1968, The Hamburg Rules 1978, and The,Rotterdam,Rules 2008. Meanwhile, on a national scale, they are regulated in the Criminal Code. In the activity of transporting documents used is a bill of lading or bill of lading. The bill of lading document used as the basis of this research is the bill of lading owned by PT. SPIL. The purpose of this study is of course to analyze documents for transporting goods such as bills of lading and explain the implications of issuing bills of lading belonging to PT. SPIL and the position of the bill of lading in agreements for the carriage of goods at sea in relation to the legal relations governing them. In addition to the location of the bill of lading which differs from each regulation, this also affects the legal consequences of issuing a bill of lading owned by PT. SPIL when viewed from legal regulations such as the Criminal Code, Criminal Code and the three international conventions and settlement of disputes that occur in the activity of transporting goods at sea. In carrying out the issuance of bills of lading, caution, accuracy and thoroughness are required. If you are not careful in issuing a bill of lading, it can lead to confusion.
Agreements and Potential Fraud Arising in the Phenomenon of Online-Based Gambling Game Hediati, Febri Noor
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.376

Abstract

In general, the impact of technological development has many benefits for life. However, on the other hand, this technology can also be used for illegal activities such as online gambling. Online gambling that has developed by utilizing technology has reached all circles. This phenomenon brings significant negative impacts, such as addiction, financial loss, family destruction, and increased potential for criminal acts. The government has made efforts to eradicate online gambling such as blocking gambling content, although the effectiveness of these efforts still faces challenges due to the emergence of new gambling sites that continue to grow. This research uses doctrinal method with the approach of legislation, primary legal materials, and secondary legal materials. One of the conditions for the validity of an agreement in Article 1320 of the Civil Code is something that is halal. The object of the gambling agreement is something that is prohibited by law and religion, so it is not halal. In online gambling agreements, there is a lot of potential for fraud in it which violates 1338 (3) of the Civil Code, due to the absence of elements of bad faith. Online gambling involves agreements that are often unilateral and vulnerable to manipulation by the bookies such as failure to process deposits, refusal to disburse winnings, and unilateral account blocking. A collaborative approach between the government, religious leaders, educational institutions and parents is needed for prevention. Legal education and digital literacy are important steps in providing awareness of the dangers of online gambling. In addition, the government needs to optimize technology to detect and eradicate gambling transactions, as well as provide strict law enforcement against the perpetrators and promoters of online gambling. With strong synergy, it is hoped that online gambling can be comprehensively eradicated in order to protect the nation's next generation.
The Legal Position and Urgency of Postnuptial Agreements in the Perspective of Civil Law and Islamic Law Hediati, Febri Noor; Kasanah, Alimatu Mahfudhotin; Astarina, Yennita
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.382

Abstract

Marriage, a fundamental human right, establishes a legal bond between a man and a woman, a bond that is recorded by the state in accordance with their respective religions and beliefs. Throughout the duration of a marital relationship, a variety of domestic issues may emerge. In recent times, domestic issues such as infidelity, online gambling, and domestic violence (DV) have become increasingly prevalent. The present study employs a doctrinal legal research method, utilizing both primary and secondary data sources. The primary sources consulted for this study include Law No. 1 of 1974, the Indonesian Civil Code (KUHPerdata), and the Compilation of Islamic Law. The secondary sources, which consist of supporting materials such as books, journals, and websites related to marital agreements, were also reviewed. The initial research finding indicates that, after the Constitutional Court Decision No. 69/PUU-XIII/2015, marital agreements can be executed not only prior to or concurrently with the initiation of marriage but also after the formal establishment of marital bonds. This signifies that postnuptial agreements are legally acknowledged and can be utilized to regulate the management of property and the responsibilities of spouses during marriage. A postnuptial agreement plays a crucial role in modifying legal provisions related to the separation of premarital property and inherited property within marriage. Marital agreements regulate wealth and may include additional clauses based on the principle of freedom of contract, if they do not contradict statutory law as specified in Article 1338(1) of the Civil Code. The second research finding indicates that the provisions of a postnuptial agreement offer numerous advantages under both positive law and the concept of maqasid al-syari’ah. These advantages include the protection of each spouse's assets, the prevention of financially detrimental actions, and the mitigation of the repercussions of domestic disputes.
Co-Authors Andrew, Febren Astarina, Yennita Azim, Saiful Bripkano, Fajar Gilang Dewi Kumala Sari Emilda Kuspraningrum Erna Susanti Gunawan, Andi Lolo Haifa Salsabila Mawardi Huriadana, Asra Kartika, Avrillia Cindy Kasanah, Alimatu Mahfudhotin Kusparningrum, Emilda Masnawiyah Noor Asufie, Khairunnisa Nusantari, Oktaviana Primalianda, Ayu Tri Purwanto Purwanto Purwanto Putri, Aprilia Ramadhani, Saskia Nadya Setiyo Utomo Shabrina, Qatrnnada Assyifa Sidiq, Rachmad Indrawan Triyana, Lily