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The Implementation of Partial Roya on the Settlement of Deposit Rights Nada, Septidya Nauvalin; Setyawati, Setyawati
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

On the one hand the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 provides a solution to the practice of partial roya, but on the other hand the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 is contrary to the provisions of Article 2 paragraph (1) Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. The problems in this study can be formulated as follows: 1) How is the partial roya regulated in the Act No. 4 of 1996 concerning Mortgage Rights?, 2) Obstacles and solutions in the implementation of partial roya towards the settlement of Mortgage Rights in the city of Semarang? This research uses an empirical legal research approach based on field research or primary data research. The specification of the research used is analytical descriptive in nature, namely describing legal symptoms, systematically describing factually and accurately and analytically, namely by providing an assessment of the results of the description without intending to provide general conclusions. The results of the research and discussion show that the partial roya arrangement is in Article 2 and Article 22 of the Act No. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land. Obstacles and Solutions in the implementation of partial royalties for the settlement of Mortgage Rights in Semarang City, namely: 1) Banks are slow in providing a statement of settlement or roya letters, 2) The debtor does not immediately register the Mortgage (roya) registration, 3) Services at the Land Office The slow city of Semarang. Keywords: Mortgage; Partial; Redemption; Roya.
Event Organizer's Responsibility for Royalty Payments to Songwriters in Music Concerts Oktavianto Setyo Nugroho; Setyawati, Setyawati
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

Music concerts as a form of public performance often use copyrighted works in the form of songs produced by creators. Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 have explicitly regulated the obligation of every party that uses songs or music for commercial purposes to pay royalties to creators, copyright holders, and neighboring rights owners. Event organizers are responsible for ensuring that every song used in a concert has obtained permission from the creator or rights holder through a royalty payment mechanism. However, in practice, many event organizers still ignore this obligation, resulting in violations of the economic rights of songwriters. This study uses a normative juridical method with a legislative and literature study approach, as well as secondary data for analysis. The results of the study show that although Law Number 28 of 2014, Government Regulation Number 56 of 2021, Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number: HKI.2.OT.03.01.02 of 2016, and LMKN Decree Number: 20150512KM/LMKN -Pleno/Tarif Royalti/2016 clearly regulate the payment of royalties to songwriters, their implementation has not been maximally effective. Lack of legal awareness, production cost considerations, minimal supervision and law enforcement, the assumption that royalties are already included in artists' payments, and administrative processes that are considered difficult pose challenges to royalty payments. Therefore, it is necessary to strengthen law enforcement, increase awareness, and promote collaboration between the government, LMKN, and entertainment industry players so that royalty payments can run smoothly
Problems in Implementing Electronic Land Registration At the Pekalongan Regency Land Office Bakti, Agung Setya; Setyawati, Setyawati; Winjaya Laksana, Andri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims toThis study aims to determine and analyze the implementation, obstacles, and solutions for electronic land registration at the Pekalongan Regency Land Office. This study uses a sociological legal approach. Primary data collection involved interviews, literature studies, and documentation studies. Data analysis was conducted using a qualitative descriptive approach. Based on this study, it was concluded that the implementation of electronic land registration at the Pekalongan Regency Land Office iscan provide many benefits to the community, including minimizing fraud, minimizing brokers/land mafia, preventing corruption, preventing double certificates, saving costs, preventing disputes, conflicts and land cases, minimizing physical meetings, and reducing intervention by unauthorized parties. The implementation of electronic land services can be done through the Sentuh Tanahku application. The result of the implementation of electronic land registration is an electronic certificate. Electronic certificates are legally valid for use as evidence and can provide legal certainty because they are guaranteed by statutory regulations, namelyRegulation of the Minister of ATR/BPN No. 3 of 2023and Law Number 19 of 2016 Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. Obstacles and solutions faced in implementing electronic land registration at the Pekalongan Regency Land Officenamely the limited public understanding of electronic certificates, the lack of completeness of land registration application files, the Human Resources (HR) implementers who are still very limited and not ready to implement electronic land registration, the problem of an uneven internet network, and the implementation of land mapping that is not evenly distributed. Solutions that can be implemented to overcome these obstacles are through information dissemination activities or socialization to the community, conducting training or training and workshops for BPN and PPAT employees, collaborating with internet providers in order to equalize the network, accelerating updates and security of the land system and improving the Sentuh Tanahku application and strengthening security so that it is not easily hacked by irresponsible parties. In addition to these obstacles there are still problems in electronic land registration, namely the legal aspects and legal umbrella related to the legal force of certificates caused by technical regulations and concerns about data and cyber security.
Legal Force Of Electronic Land Sale And Purchase Deeds (E-Ajb) In The Digital Land Registration System After The Implementation Of Electronic Land Deed Official Services Aditya Nugraha, I Gede Putu Dharma; Setyawati, Setyawati; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The digital transformation of land services through the implementation of electronic Land Deed Official (PPAT) services has given rise to innovations in the form of Electronic Land Sale and Purchase Deeds (e-AJB) within the digital land registration system. The presence of e-AJB raises legal issues related to its legal standing and force as an authentic deed in the Indonesian land law system. This study uses a normative legal research method (normative juridical) with a statutory, conceptual, case, and comparative approach. The data used are primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The results of the study indicate that normatively e-AJB has received recognition through regulations related to electronic systems and electronic signatures, particularly the Electronic Information and Transactions Law and its implementing regulations. However, from a classical civil law perspective that requires physical presence and written document form as elements of an authentic deed as regulated in Article 1868 of the Civil Code, there is still debate regarding the fulfillment of the formal requirements of e-AJB as an authentic deed that has perfect evidentiary power. The main obstacles in the implementation of e-AJB include disharmony of laws and regulations, differences in interpretation regarding the physical presence of the parties, and aspects of security and proof of electronic signatures in the trial process. The Denpasar District Court decision is an important precedent that shows the need for harmonization of regulations between civil law, agrarian law, and information technology law to ensure legal certainty and protection for the parties. Thus, strengthening the legal basis of e-AJB through legislative updates and affirmation of its position in the hierarchy of laws and regulations is urgent to support the sustainability of the digital land registration system in Indonesia.
Validity of Electronic Signatures of The Notary and The Parties on The Notary Deed Fahryan, Ahmad; Setyawati, Setyawati; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The development of information technology has driven the transformation of notarial practices, including the implementation of electronic signatures, which are generally recognized as having legal force under the Electronic Information and Transactions Law (UU ITE). However, the Notary Law (UUJN) has not explicitly regulated the use of electronic signatures in the creation of authentic deeds, thus still requiring the physical presence of the parties. This has given rise to debate regarding the validity of electronic notarial deeds. This study aims to analyze the validity of electronic signatures of notaries and parties in notarial deeds. The method used is a normative juridical approach through a literature review, with analytical descriptive research specifications that systematically and comprehensively explain the related legal issues. The results of the study indicate that legally, electronic signatures are valid in electronic transactions, but their application in notarial deeds is still limited due to exceptions in Article 5 paragraph (4) of the ITE Law, legal constraints in the UUJN, digital security issues, and differences in legal understanding. Therefore, harmonization of regulations, strengthening digital infrastructure, and improving notary competency are important steps to ensure that electronic notarial deeds continue to have legal certainty and adequate legal protection.