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All Journal Jurnal Media Hukum Green Social: International Journal of Law and Civil Affairs
Azhari Azhari
Universitas Syiah Kuala
Law, Crime, Criminology & Criminal Justice

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DESENTRALISASI KEWENANGAN BIDANG PERTANAHAN BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2006 Ilyas Ismail; Abdurrahman Abdurrahman; Muhammad Jafar; Azhari Azhari
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v17i1.367

Abstract

Law No. 11, 2006 concerning Aceh Government determines the existence of decentralization of authority in the land sector to the Aceh Government. However, in reality, the decentralization of authority could not be accomplished.  Therefore, this research aims at studying the authorities which have been decentralized and factors that led to the failure in implementing these authorities. The data were collected through literature research and field research. The literature research was conducted by reviewing the Law No. 11, 2006 and other statutory provisions as well as the views of relevant experts. Field research was conducted by interviewing officials of technical institutions and other relevant stakeholders. The results of the research show that the authorities in the land sector that are especially decentralized to the Government of Aceh through Law No. 11, 2006 are the autorithies to grand The Right to Cultivate and The Building Rights on Land. However, these rights have not been implemented due to the inavailability of more concrete rules and local officials whose fundamental duties and functions are specifically in the land sector.Key words: decentralization, authority, the land sector
Intellectual Property Rights as Joint Property from a Comparative Legal Perspective in Indonesia, the United States, and Europe Yudika Dwi Erwanda; Darmawan Darmawan; Azhari Azhari
Green Social: International Journal of Law and Civil Affairs Vol. 3 No. 2 (2026): June: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v3i2.293

Abstract

This study examines the regulation of copyright royalties as joint property in Indonesia, the United States, and Europe, aiming to provide recommendations for better legal implementation. The research employs a normative juridical method with a comparative legal approach, utilizing library research and qualitative analysis of primary and secondary legal materials. The findings indicate that Indonesia, the United States, and Europe share common ground in recognizing royalties derived from copyright as joint property when such economic benefits are obtained during marriage. However, significant differences exist in their approaches. European countries, particularly Spain and the Republic of Moldova, clearly distinguish between exclusive rights and economic rights, where copyright remains the creator's personal property while royalties are classified as joint property. The United States demonstrates considerable flexibility through state-level regulations, adopting either community property systems or equitable distribution systems. Indonesia, through Decision No. 1622/PDT.G/2023/PA.JB, has begun recognizing royalties as joint property. Nevertheless, Indonesia still requires clearer and more comprehensive regulations to ensure legal certainty regarding the status of royalties as joint property and their distribution following divorce. This study contributes to developing legal frameworks that balance protecting creators' personal rights with the principle of fairness in family law.
Co-Authors Abdurrahman Abdurrahman Darmawan Darmawan Ilyas Ismail Muhammad Jafar Yudika Dwi Erwanda