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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Unnes Law Journal
Maranatha, Yohana
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Notary's Function in Drafting Fiduciary Security Deeds Involving Patent Rights as Collateral Maranatha, Yohana; Hartono, Nadia Inggrida
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.75589

Abstract

Government Regulation Number 24 of 2022 on the Creative Economy outlines the implementation of the Intellectual Property-Based Financing Scheme, wherein both banks and non-banking financial institutions leverage Intellectual Property as collateral. This includes fiduciary guarantees over Intellectual Property, contracts within Creative Economy activities, and/or claims within Creative Economy activities. Notably, Patents, a subset of Intellectual Property, can serve as collateral per Article 108 paragraph (1) of Law Number 13 of 2016 concerning Patents, allowing "patent rights to be used as objects of fiduciary guarantee." The provision of funding through financial institutions, be they banks or non-banking entities, closely aligns with the collateralization aspect, involving the duties and responsibilities of Notaries. This raises inquiries into the Role of Notaries in Intellectual Property-Based Financing and the Collateralization of Patents as governed by Government Regulation Number 24 of 2022 on the Creative Economy. Employing a juridical-normative approach and incorporating interviews with relevant stakeholders involved in fiduciary guarantee deed preparation, this research aims to discern the roles and responsibilities of Notaries in drafting fiduciary guarantee deeds incorporating patents as collateral objects. Furthermore, the study seeks to establish the Mechanism for Determining the Economic Value of a Patent as agreed upon in the Fiduciary Guarantee Deed.
Juridical Review of the Term of Land Rights in Ibu Kota Nusantara in The Perspective of Agrarian Law Maranatha, Yohana; Indah Dwi Qurbani; Trie Sulistiowarni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5851

Abstract

This study examines the juridical aspects of the term of land rights granted to business actors in the Ibu Kota Nusantara as stipulated in Article 9 paragraph (2) of Presidential Regulation No. 75 of 2024 concerning the Acceleration of the Development of the Ibu Kota Nusantara which grants the term of Land Rights of Cultivation Rights up to 190 years, as well as Building Rights and Use Rights up to 160 years. This provision contradicts Law No. 5/1960 on Basic Agrarian Principles and raises concerns about the potential monopolisation of land by private investors. This research aims to analyse the implications of the application of the land rights Cycle Agreement stipulated in Perpres 75/2024 in terms of the hierarchy of laws and regulations and analyse the granting of the land rights period in Ibu Kota Nusantara with the principle of land tenure by the State.
Co-Authors Hartono, Nadia Inggrida Indah Dwi Qurbani Trie Sulistiowarni