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All Journal JURNAL HUKUM Pembaharuan Hukum Sociological Jurisprudence Journal Journal of Social Research Journal Research of Social Science, Economics, and Management
Anis Mashdurohatun
Universitas Islam Sultan Agung
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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CONCEPT OF APPRAISAL INSTITUTIONS IN ASSESSING THE VALUATION OF INTANGIBLE ASSETS ON SMALL MEDIUM ENTERPRISES INTELLECTUAL PROPERTY AS OBJECT OF CREDIT GUARANTEE TO IMPROVE COMMUNITY'S CREATIVE ECONOMY Anis Mashdurohatun; Gunarto Gunarto; Oktavianto Setyo Nugroho
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.19791

Abstract

This study aims to analyze the factors that affect the effectiveness of Intangible Assets of Intellectual Property of Small and Medium Enterprises as objects of credit guarantees, and the concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of Small and Medium Enterprises as objects of credit guarantees in order to improve the creative economy of the community. The method used in this research is empirical juridical. The data used are primary data and secondary data. Data collection techniques data collection through library research and field studies (through questionnaires, focus group discussions, and interviews). The results of the study found that the five factors that affect the effectiveness of Intangible Assets intellectual property of Small and Medium Enterprises as objects of credit guarantees are legal factors, law enforcement, infrastructure, society and culture. The legal factor that affects is there is no special legal product for public appraisers of IPR Intangible assets. In the practice, IPR intangible assets have not been accepted by all banks as objects of basic guarantees but only as objects of additional guarantees. It is caused by no trust from the bank toward the value of IPR as basic guarantees, there have been no appraisal institutions, and there is not intellectual property rights market yet, that makes IPR is not commonly used by banks and SMEs as IP owners. The concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of small and medium businesses as objects of credit guarantees, in order to improve the creative economy of the community, is necessary to form an appraisal agency through the products of laws and regulations. These regulations, among others, regulate the intangible assets of IPR, the purposes and objectives of the IPR assessment, the requirements to become an IPR appraiser, the function and authority of IPR assessment, the valuation method used, and so on.
Regulation on the Authority to Address the Determination of Village Head Election Results as the Object of State Administrative Disputes Has Not Been Based on Justice Value Bernat Panjaitan; Anis Mashdurohatun; Sri Kusriyah
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.828

Abstract

As for the definition according to Law Number 5 of 1986 article 4, the State Administrative Court is one of the executors of judicial power for the people seeking justice for State Administrative disputes. Apart from the State Administrative Court, other courts as executors of judicial power in Indonesia based on Law Number 48 of 2009 concerning Judicial Power, are the General Court, the Religious Court and the Military Court which culminate in the Supreme Court, as well as an independent Constitutional Court. The type of research used in this research is analytical descriptive. Descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. Judges in being accountable for decisions often also seek support from jurisprudence and science. Seeking support in jurisprudence does not mean that a judge is bound by or has to follow decisions regarding similar cases that have been handed down by the Supreme Court and the Court of Appeal, or that have been decided by him alone. Based on the results of the research and discussion that have been described in the previous chapters, the authors draw conclusions, suggestions, from the results of the research as follows: Weaknesses in the regulatory authority adjudicating the Determination of Village Head Election Results as the Object of the Current State Administrative Dispute, Weaknesses Regulations in Article 1 number 8 and number 9 regarding the understanding of State Administrative Agencies or Officials and State Administrative Decisions in the perspective of current Human Rights, namely that there are weaknesses in the legal structure, legal substance and legal culture.
Reconstruction of Bankruptcy Regulations and Suspension of Debt Payment Obligations Based on Islamic Legal Values Hijratul Pahsyah; Sri Endah; Anis Mashdurohatun
Journal of Social Research Vol. 2 No. 5 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i5.859

Abstract

The background of this research is that as it happens in the business world, the need for funds is a basic need that must be met by business actors, to overcome the problem of funding needs, capital loans are the solution. The problem that arises is if within the specified time the debtor is unable to pay it. The purpose of this study is to malign  and find that bankruptcy regulations and PKPU have not been based on Islamic justice values, analyze and find weaknesses in current bankruptcy regulations and PKPU, and  analyze and find reconstructions of bankruptcy regulations and PKPU based on Islamic justice values.    In this study, the constructivism paradigm was used. namely the paradigm that is the antithesis of the understanding that lays observation and objectivity in finding a reality or science, This type of research is descriptive analysis, the approach that the author uses is a Sociological Juridical approach,  This research is categorized into doctrinal hukun research (both normative and philosophical juridical), The data analysis method used in this study is qualitative data analysis to obtain descriptive data. This research uses Islamic legal theory as an applied theory, namely the Mashlahah Theory According to Imam Al-Ghazali which is a concept that is used as the main consideration in solving Islamic legal problems because the principle contained in maslahah is the maintenance of the objective purpose of law (maqasid al-shari'ah)  that is, the maintenance of religion, soul, reason, heredity, and property. Based on the results of this study, it was found that the first Bankruptcy Regulation and Suspension of Debt Payment Obligations have not been based on Islamic justice values, especially in article 2 paragraph (1), article 17 paragraph 2 and article 225 paragraph 4, Second, weaknesses were found  in the current bankruptcy and PKPU regulations, including bankruptcy requirements of at least 2 creditors, the temporary decision of PKPU was only given 45 days,  and the fee for curator is too great. For this reason, it is necessary to reconstruct the Bankruptcy Regulation and PKPU, including increasing the bankruptcy requirements for more than 2 creditors, extending the temporary bankruptcy of PKPU for more than 45 days or 1 year, changing the Curator fee calculation system based on agreements with debtors and creditors.
Reconstruction of Regulation of the Authority to Address Determination of Village Head Election Results as the Object of State Administrative Object of State Administrative Disputes Based on Justice Value Bernat Panjaitan; Anis Mashdurohatun; Sri Kusriyah
Journal of Social Research Vol. 2 No. 6 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i6.919

Abstract

The State of Indonesia is a State of Law". As a constitutional state, Indonesia places the foundations of law above all else. The purpose of this study is to analyze and find regulations adjudicating the determination of village head election results as objects of dispute. State administration is not based on the value of justice. The results of the Election of the Village Head as the object of a state administrative dispute based on the value of justice. The paradigm in this study is Constructivism. The legal research used in this dissertation is qualitative legal research, i.e. non-doctrinal legal research using a socio legal research approach, and the nature of this dissertation research is descriptive. The theory used is Pancasila justice theory, dignified justice theory (Grand Theory), legal system theory (Middle Theory), as well as progressive legal theory and authority theory (Applied Theory). The results of the study found that the Reconstruction of regulations on the authority to adjudicate the Determination of Village Head Election Results as Objects of State Administrative Disputes based on the value of justice, Reconstruction of regulations on objects of state administrative disputes on Bodies or Officials and State Administrative Decisions as follows: contents of Law No. 51 of 2009 concerning the Second Amendment to Law No. 6 of 1986 concerning State Administrative Courts Paragraph (1) Number 8 concerning the meaning of State Administrative Agencies or Officials Paragraph (1) Number 9 concerning State Administrative Decisions Prior to reconstruction in the event of disputes over the determination of the Village head election committee regarding the results of the village head election not being resolved by the Regent can be directly challenged to the state administrative court.
Regulation Reconstruction on Female Genital Cosmetic Surgery for Sexual Violence Victims in Indonesia Under Dignified Justice Ananingati Ananingati; Anis Mashdurohatun; Jaka K W
Journal Research of Social Science, Economics, and Management Vol. 4 No. 8 (2025): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i8.789

Abstract

This research aims to reconstruct regulations concerning female genital cosmetic surgery for victims of sexual violence in Indonesia by employing a dignified justice approach that integrates the values of positive law and Islamic law. The increase in cases of sexual violence has significantly impacted victims, both physically, psychologically, and spiritually. Although Law No. 12 of 2022 on Sexual Violence Crimes has provided a legal framework for victim protection, regulations related to female genital cosmetic surgery remain inadequate and are not comprehensively regulated. This research recommends the formulation of holistic regulations based on dignified justice. Furthermore, support based on Islamic values, such as takaful and rahmatan lil-alamin, should be integrated into victim rehabilitation services to provide comprehensive protection. Public education is also a priority to reduce social stigma against victims of sexual violence, which often hinders their recovery process. By applying the principles of dignified justice and the values of Islamic law, the resulting regulations are expected to provide comprehensive protection, support the physical and psychological recovery of victims, and uphold their dignity as creations of Allah. This research is anticipated to make a significant contribution to the development of public policies that are more responsive to the needs of victims of sexual violence in Indonesia and to raise public awareness about the importance of protection for them.
The Conserving Agrarian Land for Future Generations: A Policy Blueprint for Indonesia Anis Mashdurohatun; Muslimah Hayati; Saritua Silitonga; Zaenal Arifin; Amanda Amanda
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.39893

Abstract

This study examines the current laws and regulations on land conversion that have not been able to uphold ecological justice, challenges in the prevailing laws and regulations; and the reconstruction of these laws and regulations to comply with the values of ecological justice. This research aims to improve the protection of sustainable food agricultural land for future generations. This study used a normative legal method. The results of the study indicate that the Indonesian regulatory framework has not been able to achieve ecological justice due to competing demands between agrarian and non-agricultural land use. The government's regulatory authority derived from the 1945 Constitution often prioritizes economic goals over ecological justice, so that land protection policies are inadequate. This study concludes with a proposal to reconstruct the regulatory framework to comply with the principle of ecological justice, by proposing specific changes to Articles 2, 23, 39, 42, and 70 of Law No. 41 of 2009, Article 103 of PP No. 26 of 2021, and Article 44 of Law No. 41 of 2009 as amended by the Job Creation Law No. 6 of 2023. This study recommends integrating ecological justice into the legal framework, enhancing provisions to mandate local government participation, and strengthening governance and law enforcement in conserving agrarian land. 
Intellectual Property Protection of Indigenous Peoples in Indonesia: Quo Vadis? Anis Mashdurohatun; Ariy Khaerudin; Teguh Prasetyo
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.1.1268.1-7

Abstract

Illicit used of intellectual property protection of indigenous peoples which are increasingly exploitative and leaving the existing values, and it’s happen over the world. Paradox government need it for raw material in creative economic but there’s no law to protect. The aim of this study is to describe dilemma of law patronage for Intellectual property of Indigenous People. Method for this study used library research. The values of justice in the use of traditional cultural expressions are carried out proportionally and balanced by harmonizing the values of individuals with communal values. Based on it ought to palladium with legal system that preserve behalf indigenous peoples in order to achieve legal objectives (Justice, certainty and expediency).
Co-Authors Amanda Amanda Ananingati Ananingati Ariy Khaerudin Ariy Khaerudin Bernat Panjaitan Gunarto Gunarto Hijratul Pahsyah Jaka K W Muslimah Hayati Oktavianto Setyo Nugroho Prasetyo, Teguh Saritua Silitonga Sri Endah Sri Kusriyah Teguh Prasetyo Zaenal Arifin