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Journal : Law Development Journal

Intellectual Property Law in Bankruptcy Resolution Nainggolan, Bernard
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.3.4.863-874

Abstract

This research analysis the important role of Intellectual Property Rights (IPR) in the context of bankruptcy law and Postponement of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) in Indonesia. Articles in the Civil Code, such as Article 1233, as well as bankruptcy regulations regulate obligations and protection regarding company debt. Curators and company administrators play an important role in managing bankrupt company assets, including IPR. However, optimal management of IPR is often overlooked in bankruptcy resolution efforts, which should take into consideration the peace and continuity of the company's business. This research uses sociological or socio-legal methods. This method is a type of research that focuses on empirical-quantitative observation and analysis which focuses on collecting and examining secondary data, which is then followed by direct research on primary data obtained from the field or community. This research emphasizes the need for optimal recognition and management of IPR in the bankruptcy process to maximize the value of company assets and support financial recovery.
Legal Dynamics in the Digital Era: Navigating the Impact of Digital Transformation on Indonesian Society Nainggolan, Bernard
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.714-728

Abstract

Legal philosophy provides an important foundation in understanding the basic principles of law, such as justice, freedom and responsibility. By taking these ethical values into account, legal rules can be formulated that ensure the protection of society's rights and interests in the face of rapid technological change. Through an in-depth study of primary and secondary legal sources, this research describes legal phenomena related to digital transformation in Indonesia by utilizing primary legal materials, especially related laws, to understand the legal basis on which laws are formed in the face of digital transformation. Legal philosophy plays an important role in articulating the concept of justice in the legal system. This concept is a guide for making laws that must develop along with the development of society. In the context of digital technology development in Indonesia, the importance of progressive regulations is crucial. These regulations must provide clear guidelines for the use of digital technology to ensure that the benefits can be obtained while the negative impacts can be minimized. Thus, legal philosophy becomes an important basis in creating legal conditions that are in line with current developments. Legal philosophy brings a deep understanding of the concept of justice and how this concept should be reflected in the applicable legal system. By considering philosophical values and principles, it is hoped that the legal system can achieve nobler goals and provide protection and prosperity for the entire community.
Conceptualizing Intellectual Property Laws as A Bankruptcy Property (Beodel) In Indonesian Laws: A Normative Juridical Approach Nainggolan, Bernard
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.611-626

Abstract

This research examines the ramifications of bankruptcy on Intellectual Property Rights (IPRs) and underscores the necessity of safeguarding asset owners' rights within the bankruptcy process. By utilizing two primary methodologies, namely the normative juridical approach and the conceptual approach, the study evaluates the legal framework governing IPRs in the context of bankruptcy. Employing a normative juridical research methodology, the study draws upon primary, secondary, and tertiary legal literature. The primary focus of this research is on the legal provisions concerning the preservation of Intellectual Property Rights amidst bankruptcy proceedings. The findings underscore the crucial role of coordination among asset owners, creditors, and the judiciary in resolving bankruptcy cases involving IPRs. Protection of these rights is paramount not only within bankruptcy contexts but also amid the broader landscape of globalization and international trade dynamics. Collaborative efforts involving governments, legal institutions, international organizations, and industry stakeholders are essential to foster growth, innovation, and uphold values of environmental sustainability and responsibility within the industry. Adequate protection of IPRs serves as a catalyst for stimulating innovation and creativity, while simultaneously ensuring environmental sustainability and promoting inclusive economic growth.