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All Journal Sriwijaya Law Review Hasanuddin Law Review Lex Scientia Law Review WIDYA LAKSANA Lex Librum: Jurnal Ilmu Hukum Legal Standing : Jurnal Ilmu Hukum Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Simbur Cahaya Lex Lata: Jurnal Ilmah Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum UNES Journal of Swara Justisia SASI LamLaj Lex Stricta : Jurnal Ilmu Hukum Lex Librum : Jurnal Ilmu Hukum Recital Review
Annalisa Yahanan, Annalisa
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Arts Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Model Akta Notaris Yang Melindungi Para Pihak Dalam Perjanjian Peralihan Hak Atas Varietas Tanaman (PVT) Yahanan, Annalisa; Aprodette, Debbie; Elmandiantini
Recital Review Vol. 2 No. 1 (2020): Volume 2, Nomor 1, Januari 2020
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v2i1.8658

Abstract

The Notary deed model that protects parties in the Agreement on the Transfer of Rights to Plant Varieties. This study is a normative legal research with the legal type and materials obtained from secondary data, collected through library studies, with deductive deduction techniques. The results of this study are, currently the Notary deed model in the Transfer of the Rights to Plant Varieties does not yet exist or has not been made standardly by the Notary because the PVP rights transfer deed is still made under the hand, whereas, UUPVT regulates explicitly that the PVP rights transfer agreement must use a Notary Deed. The role of Notary in making the deed of agreement for the transfer of rights to cultivating plant varieties is beside to making the deed of agreement on the cultivation rights of plant varieties which is then stated in the Notary deed as stipulated in the law, also providing legal counseling to the parties regarding the PVP rights transfer agreement. The Notary deed model in the transfer of rights to plant varieties that can provide protection for the parties (breeders and recipients of plant breeders) is to include the contents of the agreement on the transfer of PVP rights into clauses that do not harm the parties who do not violate the principles in the law agreement. Notary deeds are required in the transfer of rights to PVP because it has a high value where in creating a variety of plants it requires relatively expensive costs and a relatively long time, when compared to other intellectual property.
Independence of Mediation Institutions as an Alternative to Settlement Divorce Disputes in Indonesia Turatmiyah, Sri; Emirzon, Joni; Yahanan, Annalisa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6643

Abstract

This study examines divorce dispute mediation that is currently integrated into the court process according to Supreme Court Regulation (PERMA) No. 1 of 2016, with the aim of reformulating mediation into an independent institution separate from litigation to be more effective and aligned with Pancasila values, as well as providing regulatory recommendations and institutional support to the Government. The method used is a qualitative study with a normative analysis approach toward regulations and practices of divorce mediation in religious courts. The research results show that mediation regulated in PERMA has deviated significantly from the spirit of mediation, namely as an alternative dispute resolution. The mediation that has been implemented so far accommodates the provisions of Article 131 HIR and Article 154 R.Bg, namely the empowerment of peace institutions. However, the way this mediation is carried out does not align with the core principles of Indonesia, which include Pancasila emphasizing open discussion to achieve agreement. It is believed that the mediation process outlined in PERMA No. 1 of 2016 is more akin to a legal procedure that parties involved in divorce cases are required to follow in order to resolve their disputes. The implication of this research is the need for legal reformulation of divorce mediation that separates mediation from court litigation processes, by establishing an independent mediation institution supported by the government. This is expected to optimize the function of mediation as a dispute resolution method that is more effective, efficient, and in accordance with Pancasila values.
Co-Authors Adam, Bani Afrilia, Dian Aldisahr, M. Dafi Siddiq Aprodette, Debbie Ardini, Shela Arfianna Novera Elmadiantini, Elmadiantini Elmandiantini Fachry Abda El Rahman Firman Muntaqo Handayani, Sri Haniff Ahamat, Haniff Joni Emirzon Murzal Murzal Murzal, Murzal Nugraha, Muslim Nurhidayatuloh Prasetyo, M Rizky Eko Primadianti, Helena Putra, Dede Riansya Putri, Ela Andini Putu Samawati, Putu Ridwan, Ridwan Rocky Bial, Anandatama Rusyan, Fazhar Eprye Si, Tongle Soetansah, Ilham Sri Turatmiyah Sulistiyaningrum, Helena Primadiantini Tiara Elpa Yuning Sari Vitriana, Novita Zuhir, Mada Apriandi