Pasaribu, Simon Alex
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Granting of Dependent Rights: A Legal Comparison Between Indonesia and Malaysia Saro, Inoto; Pasaribu, Simon Alex; Napitupulu, Diana Ria Winanti
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2989

Abstract

Introduction: The enforcement of security rights plays a crucial role in debt guarantee systems, balancing the interests of creditors and debtors. Although both countries share a civil law tradition, significant differences exist in their execution mechanisms, particularly regarding the role of the courts, auction procedures, and the protection of debtor rights. In Indonesia, execution procedures are governed by Law Number 4 of 1996 on Mortgage Rights, which allows creditors to initiate either a parate execution or litigation through court proceedings. In contrast, Malaysia mandates judicial foreclosure for all mortgage enforcements, as regulated under the National Land Code 1965 and the applicable procedural rules.Purposes of the Research: This study aims to analyze and compare the procedures for executing mortgage objects between Indonesia and Malaysia.Methods of the Research: This research adopts a normative juridical and descriptive-comparative approach by examining statutory regulations, court decisions, and relevant legal literature from both jurisdictions.Findings of the Research: The findings reveal that Indonesia’s system offers speed and flexibility but poses a higher risk of procedural abuse, while Malaysia’s judiciary-based approach provides greater debtor protection at the cost of increased time and legal expenses. The study also identifies practical challenges such as administrative delays, high execution costs, and legal uncertainties. Accordingly, this research recommends strengthening the oversight of execution practices in Indonesia and considering the introduction of a statutory limitation period, as implemented in Malaysia, to ensure a balanced approach between efficiency and justice in mortgage enforcement systems.
Comparison of Venture Capital Regulations in Indonesia and ASEAN Countries Pasaribu, Simon Alex; Taufiq, Taufiq; Napitupulu, Diana Ria Winanti
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 4, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i4.2992

Abstract

Introduction: By observing best practices from other ASEAN countries, Indonesia has a significant opportunity to reform its venture capital ecosystem to become more responsive, inclusive, and capable of supporting sustainable digital economic growth.Purposes of the Research: The purpose of this research is to identify the form and content of venture capital regulations currently enforced in Indonesia in comparison with other ASEAN countries, to analyze the similarities and differences in policies and regulatory approaches related to venture capital between Indonesia and ASEAN nations, and to determine the factors influencing the regulatory differences.Methods of the Research: A qualitative method was chosen because this approach enables the researcher to explore the policy context, legal structures, and socio-economic dynamics underlying venture capital regulations in each country.Findings of the Research: A more flexible, inclusive, and cross-sector collaborative regulatory approach will enhance Indonesia’s competitiveness in attracting investment and encouraging sustainable startup growth.