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All Journal Awang Long Law Review Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Bernadete Nurmawati
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Patent as Object of Fiduciary Guarantee in Banking Credit Practices Bernadete Nurmawati; Dewi Iryani; Tarmudi Tarmudi
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6142

Abstract

Intellectual property is interesting to study since it has a very important role in the advancement of the economy in this era of globalization. Intellectual Property Rights (IPR) are rights that arise from the results of the human brain's thinking that produce a product or process that is useful for the community. IPR includes intangible movable objects as regulated in article 499 of the Civil Code. This intangible object is the result of human thought and the object of ownership is a movable object that can be transferred to another party so that it can be used as a fiduciary guarantee as regulated in Law no. 13 of 2016 concerning Patents (Patent Law). Article 108 paragraph 1 states that "Patent rights can be used as objects of fiduciary guarantee". However, patent rights as objects of fiduciary guarantee in a bank's loan practice are currently unavailable due to obstacles in its implementation. There is no special Asset Appraisal Agency that assesses the economic value of patent rights so that it can be used as a credit guarantee. This makes it difficult for patents to be used as a fiduciary guarantee. To realize patents as objects of fiduciary guarantee, firm and detailed juridical support is needed regarding IPR assets as objects of bank credit guarantees. The valuation of patented assets must be supported by the Patent Regulations protected by the Bank Loan Guarantee and the need for legal access under the Bank Indonesia Regulations to support the patents that are protected by the Trustee Guarantee. So there should be an appraisal agency that can assess a patent right so that it can improve the people's economy and advance the national economy.
PUMP AND DUMP CRIMINAL OVERVIEW ACCORDING TO CAPITAL MARKET LAW NO. 8 YEAR 1995 Rinaldi Agusta Fahlevie; Erita Oktasari; Bernadete Nurmawati; Puguh Aji Hari Setiawan; Johand Aldo Dimalouw
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (736.33 KB) | DOI: 10.56301/awl.v5i1.547

Abstract

This study aims to look at the Juridical Review of the Pump and Dump crime in capital market transactions on the Indonesia Stock Exchange based on the Capital Market Law. The main problem that the author discusses and analyzes in this research is the form of the Pump and Dump crime in capital market transactions on the Indonesia Stock Exchange based on the Capital Market Law and the proof of the Pump & Dump crime in the capital market (Case Study of TAXI and LUCK Issuers). The research method is a normative legal research method with a law approach and a case approach. Based on the analysis and provisions of the Capital Market Law, the author concludes that the Pump and Dump crime in capital market transactions on the Indonesia Stock Exchange, can be seen in its form based on certain patterns and methods. The form of the pump and dump pattern and method is in accordance with the elements of market manipulation as stipulated in the provisions of Articles 90 to 93 of the Capital Market Law. To prove that a pump and dump crime has occurred, evidence can be used as regulated in the Criminal Procedure Code.
Co-Authors Dewi Iryani Erita Oktasari Johand Aldo Dimalouw Puguh Aji Hari Setiawan Rinaldi Agusta Fahlevie Tarmudi Tarmudi