Article Per Year (5 Year)
p-Index From 2020 - 2025
0.61
P-Index
This Author published in this journals
All Journal Dinamika Hukum Jurnal Jendela Hukum Lex Publica
Naiborhu, Yoshua Putra Dinata
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
ANALISIS PERJANJIAN PINJAM NAMA PADA JUAL BELI TANAH DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1960 Jo. PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 Naiborhu, Yoshua Putra Dinata

Publisher :

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.2975

Abstract

Nominee agreement in practice, to have ownership rights to land in Indonesia, legal subjects who do not have the authority to own land with ownership rights, choose to use a nominee agreement. The nominee agreement is used by borrowing someone else's name just only to be recorded on the land certificate, not the owners. This legal research has 2 (two) objectives. First, to analyze and understand the validity and legal consequences of the nominee agreement of buying and selling lands in Indonesia. Second, to analyze dan to understand legal protection to land buyers wich buy lands with a nominee agreement. This research was conducted using normative legal research methods. This type of research is descriptive. Based on the results of research and analysis conducted, the authors obtained 2 (two) results of the discussion. First, UUPA Jo PP 24 of 97 does not recognize and does not accommodate the validity of the nominee agreement on the sale and purchase of land based on Article 19 Paragraph (1) UUPA Jo. Article 32 Paragraph (1) PP 24 of 97 which states that a certificate is a proof of right that applies as a strong means of proof. Article 5 of the UUPA also states that the agrarian law that applies to earth, water and space is customary law. Second, legal protection for land buyers is divided into two, preventive legal protection and repressive legal protection.
KAJIAN PENGALIHAN HAK MORAL TERHADAP KARYA CIPTA LAGU YANG DIBELI MELALUI PERJANJIAN JUAL BELI DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Jo. UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 28 TAHUN 2014 Naiborhu, Yoshua Putra Dinata
Jurnal Ilmiah Dinamika Hukum Vol 26 No 2 (2025): Edisi Oktober 2025
Publisher : Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v26i2.10422

Abstract

The absolute nature of moral rights creates practical legal issues. Under the concept of a sales agreement, the ownership of the sold object is transferred from the seller to the buyer. Conversely, the concept of moral rights, as stipulated in Law Number 28 of 2014, dictates that moral rights cannot be transferred for any reason whatsoever as long as the creator is alive. The conceptual and juridical ambiguity arises from the contradictory nature of a copyright and/or copyrighted work sales agreement versus the absolute status of moral rights. The research methodology employed in this study is the normative juridical method. This method focuses on analyzing legal norms related to moral rights and sales agreements, specifically referencing Law Number 28 of 2014 (Copyright Law) and the Civil Code (Kitab Undang-Undang Hukum Perdata). Normatively, the creator's moral rights are perpetual and non-transferable to other parties, in accordance with the mandate of Law Number 28 of 2014, Articles 5 and 57. Nevertheless, within the context of private law, Article 5 of Law Number 28 of 2014 grants the creator the freedom to either maintain or waive these rights. If the agreement is reached consensually, the principle of pacta sunt servanda is applicable between the contracting parties. A clause involving the assignment of moral rights can render the agreement voidable (vernietigbaar) if it involves a violation of the subjective requirements (consent and legal capacity). This is particularly true if the consent was obtained through an abuse of circumstances (penyalahgunaan keadaan). A violation of this requirement indicates that the consent provided by the creator was not free and consensual.
Clanless Children and Inheritance in the Indigenous Batak Community: A Case Study of Supreme Court Decision No. 1537 K/Pdt/2012 Naiborhu, Yoshua Putra Dinata; Saraswati, Rika; Nurhayati, B. Resti; Boputra, Emanuel
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.287

Abstract

The Batak people adhere to a patrilineal family system where the family system is drawn from the paternal line. The status of a child without a surname has consequences for inheritance, so that the inheritance process for descendants who do not have a surname causes problems in the future. The purpose of this study is to determine children without a surname according to the provisions of the Batak traditional community and the legal consequences for children without a surname as heirs. The approach method in this paper is normative-empirical research. The results of the study indicate that children can be born without a surname due to parental marriages that violate Batak customs, or lose their surname due to removal by traditional elders due to actions that embarrass, threaten, or provoke the community. Furthermore, Supreme Court Decision Number 1537 K / Pdt / 2012 in its decision, even if the child does not have a surname, as long as it can be proven that the child is the biological child of the deceased parent (heir) then the child has the right to appear as an heir.
Co-Authors Emanuel Boputra, Emanuel Nurhayati, Bernadeta Resti Rika Saraswati, Rika