Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Ipso Jure
Tamaulina Br. Sembiring
Prodi Ilmu Hukum, Universitas Pembangunan Panca Budi, Medan, Indonesia
Law, Crime, Criminology & Criminal Justice

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

Found 3 Documents
Search

 1 
Legal Protection of Intellectual Property Rights in the Digital Era Riama Novalia Silaen; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9hn74238

Abstract

This research uses a qualitative approach with descriptive-analytical methods to examine the legal protection of intellectual property rights (HMI) in the digital era. The research results show that the legal protection of HMI in the digital era still faces various significant challenges. Even though regulations such as Law Number 28 of 2014 concerning Copyright and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) exist, their implementation could be more effective. The leading causes are a need for more public knowledge and awareness about the importance of HMI, as well as limited law enforcement resources and technology. Collaboration between the government and digital platforms needs to be improved, while international cooperation is also crucial in dealing with cross-border HMI violations. This research recommends increasing public education and awareness, strengthening regulations, adopting advanced technology such as AI, closer cooperation with digital platforms, increasing law enforcement capacity and resources, and efficient dispute resolution mechanisms. With a more holistic and integrated approach, HMI protection in the digital era can be significantly improved, providing justice for rights owners and encouraging the development of a healthier and more innovative creative industry.
Rampant Land Dispute Cases Sari Dewi Nasution; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7vvr1814

Abstract

This research examines the problem of land disputes in Indonesia caused by the illegal practices of the land mafia and poor land management by housing developers. Based on the Seven Principles of Agrarian Law, land should be used to benefit the community. However, facts on the ground show that much land is controlled unilaterally by the land mafia. They used various methods, including making fake letters and cultivating empty land to sell at high prices. This has led to many ownership disputes and legal problems for legitimate landowners and defrauded buyers. To avoid this problem, the public is advised to process the legality of their land certificates through the National Land Agency (BPN). The legal basis supporting the importance of land certificates is contained in Article 19 and Article 23 of the Basic Agrarian Law (UUPA) no. 5 of 1960 and Law no. 4 of 1996 concerning Mortgage Rights. This research also highlights the challenge of limited land in Indonesia, which causes the high economic value of land to become an object of competition. Housing developers often face land management problems, resulting in land certificates being mortgaged at banks and losses for consumers. The importance of public awareness of checking the completeness and validity of documents before carrying out a house purchase transaction is emphasized to avoid problems in the future. Education and supervision from the government and related institutions, such as BPN, are critical in protecting consumer rights and ensuring legal certainty.
Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law Riama Novalia Silaen; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/seqfy875

Abstract

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. The approach involves collecting, reviewing, and analyzing relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step is identifying and collecting relevant literature, followed by an analysis to understand basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature to identify key issues, challenges, debates, and evaluate each source's relevance and validity. Findings indicate that inherited assets are significantly regulated by the Indonesian Civil Code. The Code addresses heirs' rights and obligations, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights, requiring all heirs' agreement or a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene. Provisions for canceling inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for heirs, ensuring the inheritance process aligns with justice and legal principles.
Co-Authors Riama Novalia Silaen Sari Dewi Nasution