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The Legal Consequences Of Legal Acts Continuation Based On Act Void Statement And Authorization By The Court Brigitta Silitonga; Ok Saidin; Rosnidar Sembiring; Suprayitno, Suprayitno
Jurnal Ekonomi Vol. 13 No. 04 (2024): Edition October -December 2024
Publisher : SEAN Institute

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Abstract

The deed of statement and deed of power of attorney made by a notary must be based on the principle of fairness. The principle of fairness emphasizes that every activity of the government or state administration must pay attention to the values that apply in society, whether related to religion, morals, customs, or other values. This is intended so that the making of the deed does not conflict with religion, morals, customs, or other values that apply in society. The next problem is regarding the rights of children to the joint property. This paper discussed the deed of Statement and Power of Attorney No. 33 dated July 27, 1998 made before Defendant II and its derivatives each dated July 27, 1998 canceled by the court, what is the civil liability of the Notary for the deed of statement and deed of power of attorney 0p-=that was canceled by the Court and what are the consequences of further legal actions based on the Deed of Statement and Power of Attorney that was canceled by the Court in the Supreme Court Decision Number 188 K/Pdt/2013 Jo. Number 443 PK/Pdt/2015. The method used is normative juridical legal research, namely: used to provide an overview that law is written regulations in the form of statutes. The reason why the Deed of Statement and Power of Attorney No. 33 dated July 27, 1998 made before Defendant II and its derivatives each dated July 27, 1998 was canceled by the court in connection with the evidence is because the Deed of Statement and Power of Attorney which has been proven with the theory of positive evidence exceeds the rights and interests of Defendant I, even the Plaintiff feels that Defendant II also has an interest, because the actions of Defendant II above are not in good faith.
Analisis Hukum Penyelesaian Sengketa terhadap Pendaftaran Hak Cipta Lukisan yang Memiliki Kesamaan dengan Merek Terdaftar (Studi Putusan Nomor 40/Pdt.Sus-Hak Cipta/2024/PN.Niaga.Jkt.Pst) Pradipta Nada Damanik; OK Saidin; Jelly Leviza
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.2252

Abstract

Copyright and trademarks can intersect in a single court case in business practice, particularly when a trademark in the form of a painting registered by one party is subsequently registered as copyright by another. This is reflected in the copyright dispute in Decision Number 40/Pdt.Sus- HakCipta/2024/PN.Niaga.Jkt.Pst. This normative juridical research with descriptive-analytical characteristics uses secondary data obtained through library and document studies. The results show that the Copyright Law and Trademark Law provide different forms of protection according to their respective regimes. Article 65 of the Copyright Law reflects legal certainty by providing firm limitations. The judge's legal considerations in the decision were appropriate, providing justice and legal certainty.
Perlindungan Hukum bagi Pemegang Hak Guna Usaha Perkebunan yang Telah Berakhir terhadap Gugatan Perdata oleh Pemegang Hak Konsesi di Pengadilan: Studi Putusan Nomor 507/Pdt/2021/Pt Mdn M Faqih Akbar; Ok Saidin; Aflah
Jurnal Hukum Lex Generalis Vol 7 No 9 (2026): Tema Hukum Agraria dan Pertanahan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i9.4044

Abstract

This study aims to analyze the legal regulation of concession rights that have not been converted under Indonesian agrarian law, examine the forms of legal protection for holders of expired Cultivation Rights Title (Hak Guna Usaha/HGU), and analyze judicial considerations in Decision Number 507/Pdt/2021/PT MDN. This research employs normative legal research using statutory, historical, and case approaches. The findings indicate that concession rights originating from the colonial period must be converted into the national agrarian legal system under the Basic Agrarian Law of 1960. Unconverted concession rights no longer possess legal force as a basis for land control. Regarding land with expired HGU status, the state remains the authority holding control over the land, while former HGU holders continue to receive legal protection in the form of priority rights to reapply for land rights in accordance with applicable regulations. In Decision Number 507/Pdt/2021/PT MDN, the panel of judges emphasized that the expiration of HGU does not automatically return the land to parties claiming former concession rights, but instead the land remains under state control. The decision demonstrates the importance of legal certainty, legal protection, and consistency in the application of the national agrarian legal system in resolving land disputes in Indonesia.