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Transfer of Land Rights Due to Inheritance Anggriani, Reni; Yuniarlin, Prihati; Isniyati, Qodriyah; Fauziah, Nafiza
Borobudur Journal on Legal Services Vol 6 No 2 (2025): Vol 6 No 2 (2025)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/bjls.v6i2.15481

Abstract

The transfer of ownership of land due to inheritance is a form of transfer of rights regulated in Law Number 5 of 1960 concerning the Basic Regulation of Agrarian Principles (UUPA). The transfer of Land Rights is carried out through Land Registration, which is regulated in Government Regulation Number 24 of 1997 concerning Land Registration. Juridically, when the owner of the land dies, then in the interest of the law, the title to the land passes to the heirs. In practice, this process often raises problems, because there has been no transfer to the heirs, who are constrained by the determination of heirs, and the completeness and validity of the proof documents as heirs are proven by the Certificate of Inheritance (SKW) or Court Determination. This research uses a normative juridical method with a legislative approach. The results of the study show that the main obstacle in the transfer of rights due to inheritance comes from the lack of public understanding of the administrative procedures of inheritance and the transition process in Agrarian and Spatial Planning/National Land Agency (ATR/BPN) of the National Land. The absence of this transition process has caused problems among the heirs, so it is necessary to transfer rights for the sake of legal certainty.
COPYRIGHT BINDING AND ASSESSMENT AS A FIDUCIARY GUARANTEE IN CREDIT AGREEMENTS IN INDONESIA Permana, Ade Riyan; Yuniarlin, Prihati
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1100

Abstract

Copyright in Indonesia, as protected by Law No. 28 of 2014, comprises moral rights and economic rights. Copyright, under Article 16 of the Copyright Law, is an intangible movable object that can be used as a fiduciary guarantee, thereby enabling potential credit through banking or non-banking institutions using copyright as collateral. Therefore, this research aims to understand the binding and valuation of copyright as an object of fiduciary collateral in credit agreements in Indonesia. This legal research method uses normative legal research, namely through library study, with a legislative and conceptual approach. The research results show that Copyright can be used as an object of fiduciary collateral in credit agreements, namely through the encumbrance of Copyright based on a notarial deed, including the Copyright certificate, which in this case serves as the primary collateral, and then the licensing agreement, which in this case serves as a source of profit (as additional collateral). The economic valuation of Copyright collateral uses several approaches, including the cost approach, market approach, income approach, and other approaches as defined by valuation standards. However, until now, there are no Bank Indonesia regulations governing Copyright as collateral, nor are there guidelines for determining the liquidation value of Copyright as fiduciary collateral in Indonesia.