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Journal : Recital Review

Hak Cipta sebagai Objek Jaminan Fidusia dalam Perjanjian Kredit Perbankan di Indonesia Ertananda, Annisa; Yetniwati, Yetniwati; Suryahartati, Dwi
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.44458

Abstract

This research aims to examine the implementation of Article 16 paragraph (3) of Law No. 28 of 2014 on Copyright, which states that copyright can be used as an object of fiduciary security. The research addresses two main issues: How is the regulation of copyright valuation (as an intangible asset) arranged for its use as fiduciary collateral in bank credit distribution in Indonesia? And does the Fiduciary Security Law provide opportunities for copyright to be used as collateral in credit agreements? To analyze the objectives of this thesis, a normative juridical method was employed. The approach is based on primary legal materials, including Law No. 42 of 1999 on Fiduciary Security, Law No. 28 of 2014 on Copyright, and Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 on Banking. The findings indicate that, normatively, copyright fulfills the requirements to be used as an object of fiduciary collateral because it is an intangible asset that is transferable and holds economic value. However, its implementation within the banking system still faces obstacles, particularly in the areas of valuation and acceptance by financial institutions. Therefore, a more structured valuation standard and synergy among relevant institutions are needed to optimize the use of copyright as a legitimate and productive collateral instrument within the national financing system.
Perlindungan Hukum terhadap Pembeli dalam Jual Beli Tanah yang Belum Dibalik Nama Pandia, Dion; Yetniwati, Yetniwati; Yahya, Taufik
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land sale and purchase transactions often end with the issuance of a Sale and Purchase Deed (AJB) without being followed by the transfer of the certificate name. This situation creates legal uncertainty for buyers, even though the payment has been completed and physical possession of the land has been transferred. Such conditions reveal a gap in public understanding as well as in land administration practices, which may potentially lead to disputes. This study aims to analyze the legal consequences of land transactions without a name transfer and the forms of legal protection available to disadvantaged buyers. The research employs a normative juridical method with a statutory approach and analysis of secondary data, including literature, regulations, and relevant court decisions. The findings show that legal certainty can only be guaranteed if the name transfer process is carried out in accordance with the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997 on Land Registration. Nevertheless, even without a certificate transfer, buyers may still obtain preventive legal protection through the AJB and physical control of the land, as well as repressive protection through litigation in court. Therefore, the transfer of certificate ownership constitutes a crucial instrument in ensuring legal protection and certainty of land rights for buyers.
Perlindungan Hak Cipta Dalam Perspektif Asas Kebebasan Berkontrak Yulisti, Prayogi; Yetniwati, Yetniwati; Hasan, Umar
Recital Review Vol. 6 No. 1 (2024): Volume 6 Nomor 1 Januari 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i1.24543

Abstract

This study aims to examine how copyright buyers are protected in sold flat sale and purchase agreements after the publication of Article 18 of the Copyright Law number 28 of 2014, where the agreement expires after 25 years. Does the sale and purchase agreement remain valid according to the Civil Code so that the copyright buyer still gets the exclusive commercial rights. As well as how the perspective of a sold flat agreement is seen from the validity and protection of copyright buyers This research is a legal research that examines the perspective of laws related to sold flat agreements descriptively.