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The Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee Anis Mashdurohatun; Gunarto Gunarto; Adhi Budi Susilo
Jurnal Akta Vol 9, No 3 (2022): September 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i3.26756

Abstract

The transfer in Intellectual Property Rights (IPR) "can be transferred or transferred" only economic rights. The transfer must be made clearly and in writing either with or without a notarial deed so that the transfer must be based on an agreement. This study aims to examine and analyze the transfer of intellectual property rights in the property law system, and to analyze the transfer of intellectual property rights as objects of fiduciary guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The types of data used are primary and secondary data. Techniques for collecting data, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research that is conducted directly on the object under study by conducting interviews with research resource persons. The data analysis used is qualitatively inductive. The results of the study found that intellectual property rights as object law in Article 499 and Article 507 of the Civil Code so that intellectual property rights are transferred as objects of fiduciary guarantees through agreements, in accordance with the main agreement. Furthermore, the transfer of IPR as a fiduciary guarantee, of course, underlies the transfer of property rights in accordance with the provisions of the Civil Code, the law on intellectual property rights and the law on fiduciary guarantees, which have been stated in the agreement clause authentically.
Legal Issues Regarding the Role of the Police in Carrying Out Investigations into Human Trafficking Crimes Zaqi Ur Rachman; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51129

Abstract

Abstract. The interrelationship between investigators and relevant agencies responsible for protecting victims of human trafficking has also not been optimized. Another problem, which often presents an obstacle, is a lack of understanding of the legal substance of the criminal provisions of the Law on the Eradication of Human Trafficking, which results in delays in case resolution and/or disagreements between investigators and prosecutors regarding the interpretation and analysis of criminal cases under investigation. The aim of this research is to determine and analyze (1) the systematic development of human trafficking in Indonesia, (2) the police's investigative methods for human trafficking crimes, and (3) the legal problems of police investigations into human trafficking crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In the case of human trafficking in Indonesia, which has been a hot topic in the news for the past few years, the practice has increased, with several ASEAN countries, namely Myanmar, Thailand, Cambodia, Vietnam, and Laos, as the destination for exploitation. The highest number of human trafficking cases is Cambodia. (2) Mechanistically, the first step taken is an investigation and inquiry into reports of suspected human trafficking. Investigators use modern investigative techniques to uncover human trafficking networks that frequently change locations to avoid detection by law enforcement. The process of investigating human trafficking cases begins with receiving reports from the public or findings in the field. In this process, investigators have the authority to receive reports/complaints, both in writing, verbally, and electronically, regarding suspected human trafficking. (3) The problems that arise in the police's efforts to investigate human trafficking crimes are primarily due to the characteristics of this crime, which is carried out through a disconnected network pattern. This makes it difficult to handle or prevent human trafficking. The disconnected network starts from recruitment, transportation, and shelter.
Implications of Legal Problems for Police Efforts to Eradicate Online Gambling Crimes Ratu Kenya W; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51037

Abstract

Abstract. Many online gambling operators are based overseas, making national jurisdictions inadequate for effective legal proceedings. Extradition processes, requests for mutual legal assistance (MLA), and international cooperation are essential, but their implementation is not always smooth due to differences in legal systems and political interests between countries. Therefore, the government and the police need to take effective steps to prevent and stop online gambling practices in society. Based on this situation, efforts to address the problem of online gambling require effective criminal law policies. The purpose of this study is to determine and analyze (1) the dynamics of online gambling in Indonesia from the perspectives of legal sociology and positive law, (2) current police efforts to eradicate online gambling crimes, and (3) legal issues hindering police efforts to eradicate online gambling crimes. The approach used in this study is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The research results and discussion can be concluded as follows: (1) Legal sociology considers that in the public's view, it is necessary to improve legal doctrine so that the public can understand the dangerous and destructive impacts of online gambling as well as legal doctrine on the effectiveness of law enforcement against the sources of the increase in online gambling itself. Modernization of law against online gambling is applied to legal products in Law Number 1 of 2024 concerning Electronic Information and Transactions. (2) Technically, the Police eradicate online gambling in collaboration with the Ministry of Communication and Digital, one of the efforts carried out by the National Police's Cyber Crime Directorate is to carry out formal supervision through cyber patrol techniques. The main purpose of carrying out formal supervision is to create a deterrent effect on criminals because the risk of being caught is high. One implementation of this strategy is in the form of the Cyber Patrol method carried out by Sub-Directorate 3 of the Cyber Crime Directorate of the National Police's Criminal Investigation Agency. (3) The Police need support from the government in the form of formulations from a legal and foreign policy perspective to further legitimize Police actions in reaching online gambling crime subjects located abroad. In many cases, online gambling servers or perpetrators' social media accounts are based abroad. When the data and perpetrators are in different jurisdictions, Indonesian authorities must go through a lengthy international cooperation mechanism.
The Role of the Police in Creating Legal Effectiveness in Facing the Dynamics of the Indonesian Criminal System Zarma Putra; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51130

Abstract

Abstract. There is a need for a paradigm shift in the criminal justice system across all subsystems, including the police, as the primary entry point for criminalization, which is then pursued through criminal justice, or what is known as the gatekeepers of the criminal justice system. The police, whose role is crucial in addressing Indonesia's criminal justice system challenges, need a concrete response to the evaluation of various issues in criminal law enforcement and sentencing. The aims of this research are (1) the nature of the reality of the development of the Indonesian criminal justice system, (2) the role of the Police in realizing legal effectiveness in addressing the problems of Indonesian criminal justice, (3) a formulative concept for the Police in achieving legal effectiveness in the Indonesian criminal justice system. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) According to the provisions in Article 10 of the Criminal Code, the types of criminal sanctions are divided into several types, including the main penalty consisting of the death penalty, imprisonment, detention, and fines. Then the additional penalties consist of the revocation of certain rights, confiscation of certain items, and the announcement of the judge's decision. (2) The presence of Police Regulation No. 8 of 2021 concerning Restorative Justice provides space for Police members in the Criminal Investigation Unit to resolve cases more quickly and provides normative guidelines for acting to resolve criminal cases using the restorative justice method. In terms of handling cases as determined by Police Regulation No. 8 of 2021, it can be seen that when there is a criminal complaint report where the severity of the case is assessed to be categorized as a light criminal case, that is when restorative justice is attempted. (3) The agenda for legal reform in the process of resolving criminal cases with restorative justice is outlined in the formal source of criminal law, namely the Criminal Procedure Code, as an idea of legal legitimacy for the realization of the legality of the application of restorative justice, which will be more precise and will fulfill legal certainty if accompanied by adequate and comprehensive legal instruments.
Legal Review of the Implementation of the Investigation System for Money Laundering Crimes Muhammad Al Huda; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51028

Abstract

Abstract. From a legal political perspective, money laundering has become a crucial link in the crime chain. The Law on the Prevention and Eradication of Money Laundering does not have a comprehensive special procedural law, although money laundering is classified as a serious crime under Law Number 1 of 2023 concerning the Criminal Code (KUHP). Other serious crimes, such as terrorism, narcotics, or corruption, have special procedural laws that clarify the series of activities investigators must undertake to establish evidence. The aim of this research is to find out and analyze (1) the elaboration of the development of money laundering crimes globally and nationally, (2) the system for investigating money laundering crimes from a legal perspective, (3) legal problems in efforts to investigate money laundering crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In the history of business law, the emergence of money laundering began in the United States since 1930. The centers of large gangsters who were skilled at money laundering in the United States were known as the legendary group Al Capone (Chicago). In the national scope, Indonesia only viewed the practice of money laundering as a crime and set sanctions for the perpetrators when Law No. 15 of 2002 concerning money laundering was enacted. (2) The crime of money laundering is a crime that arises from a previous crime or a subsequent crime. The investigation system with a special method which is the interpretation of the scheme for starting the investigation of the crime of money laundering is Parallel Investigation, Independent Investigation, and Further Investigation. (3) The existence of disparities in interpretation of the provisions of the Law on the Crime of Money Laundering will have implications for many perpetrators of the crime of money laundering who have the potential to be free/escape from legal prosecution. This is because from the perspective of law enforcement, the actions carried out by the perpetrators are not Money Laundering Crimes because there is not perfect placement, layering and integration, or the fraudsters are considered not to fulfill the element of knowing or suspecting "assets resulting from crime".
Legal Analysis of Corporate Criminal Liability in Corruption Crimes (Study of Decision Number 16/Pid.Sus-Tpk/2022/Pn. Smg) Rozi Juliantono; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51062

Abstract

Abstract. This research discusses corporate criminal liability in corruption offenses, focusing on Semarang District Court Decision Number 16/Pid.Sus-TPK/2022/PN Smg. The background of this research is based on the widespread practice of corruption, which is not only committed by individuals but also involves corporations as instruments to gain profit against the law. The main issues of this research include: (1) how corporate criminal liability is regulated in corruption offenses under positive law in Indonesia; (2) how corporate criminal liability is applied in Decision Number 16/Pid.Sus-TPK/2022/PN Semarang; and (3) what are the prospects for developing the application of corporate criminal liability in the future. The research method used is a normative legal approach with primary data in the form of laws and court decisions, and secondary data in the form of literature, journals, and legal doctrines. The research results show that the regulation of corporate criminal liability in Indonesia has a clear legal basis through the Anti-Corruption Law, Supreme Court Regulation No. 13 of 2016, and the new Criminal Code (Law No. 1 of 2023). In Semarang District Court Decision No. 16/Pid.Sus-TPK/2022, the judge affirmed that corporations can be held criminally liable under Article 20 of the Anti-Corruption Law, proved the elements of the crime through the identification theory and vicarious liability, and imposed a sentence of fines and restitution. The future outlook indicates that regulations are becoming increasingly stringent, but successful implementation still depends on legal harmonization, the capacity of law enforcement agencies, the compliance culture of the business world, and international cooperation. Thus, corporate criminal liability in corruption offenses serves not only as a repressive instrument for punishment but also as a preventive instrument to deter corruption, strengthen transparent and accountable corporate governance, and achieve substantive justice.
Co-Authors Adhi Budi Susilo Anis Mashdurohatun Muhammad Al Huda Ratu Kenya W Rozi Juliantono Zaqi Ur Rachman Zarma Putra