Kapanadze, Maia
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Legal Certainty of Assignment in Postponement of Debt Payment Obligations Applications: Synergy Between Positive Law, Customary Law, and the Theory of Legal Pluralism S, Binsar Jon Vic; Iryani, Dewi; Kapanadze, Maia
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3414

Abstract

Introduction: The assignment of receivables through cessie is an essential instrument in Indonesian civil law practice, including within the mechanism of Postponement of Debt Payment Obligations. In practice, however, legal uncertainty often arises concerning the legal standing of substituted creditors who acquire claims through cessie when involved in Postponement of Debt Payment Obligations proceedings. The absence of explicit regulation in the Civil Code and Law Number 37 of 2004 creates juridical ambiguities that may disadvantage both creditors and debtors.Purposes of the Research:  The purpose of this research is to examine the legal certainty of cessie within Postponement of Debt Payment Obligations by exploring the synergy between positive law, customary law, and legal pluralism theory.Methods of the Research: This study employs a normative juridical method, utilizing both the statute approach and the conceptual approach, with data collected through literature review of primary and secondary legal sources.Results of the Research: The findings demonstrate that legal certainty of cessie in Postponement of Debt Payment Obligations cannot rely solely on positive law but must also incorporate the legitimacy rooted in living customary law. The novelty of this research lies in the integration of legal pluralism theory to bridge positive law and customary law, thereby providing more comprehensive legal protection for both creditors and debtors. This research advances scholarly discourse by offering a model of synergy that may guide policymakers and judges in interpreting the status of cessie in Postponement of Debt Payment Obligations cases, thus ensuring legal certainty in both formal and substantive terms.
Navigating Territoriality and International Harmonisation: A Comparative Study of Bank Trademark Protection Across Jurisdiction under the TRIPS Agreement Gorda, Anak Agung Ayu Ngurah Sri Rahayu; Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Disantara, Fradhana Putra; Kapanadze, Maia; Sybelle, Jan Alizea
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i3.54372

Abstract

Background: The globalization of financial services and the rapid expansion digital banking have intensified trademark disputes in the banking sector. This development challenges the territoriality principle of trademark law, as banking brands increasingly operate across jurisdictions without maintaining a physical presence. Although international instruments, including TRIPS, the Paris Convention, and the Madrid Protocol, establish a harmonised framework for trademark protection, enforcement remains fragmented owing to national sovereignty and the coexistence of sector-specific banking regulation. Methodology: This study adopts a normative legal research methodology employing both a functional comparative approach alongside a conceptual approach. It examines the legal frameworks governing banking trademark protection in Indonesia, South Africa, and Georgia, each representing a distinct institutional and regulatory context. Primary legislation and international legal instruments are analysed qualitatively through deductive legal reasoning and cross-jurisdictional functional comparative analysis. Objectives: This research aims to examine the regulatory framework and enforcement mechanisms of banking trademark protection in the three countries and assess their consistency with the international trademark standards. It further seeks to formulate an integrated regulatory framework capable of balancing territorial sovereignty with international legal harmonisation.  Findings: The findings indicate that all three countries have formally complied with international intellectual property instruments, significant institutional fragmentation and inadequate coordination between trademark authorities and banking regulators persist, particularly in relation to digital financial services. These shortcomings undermine the effectiveness of trademark protection and regulatory enforcement. Originality/Novelty: This research proposes an integrated model for banking trademark protection that incorporates a dual-gate verification system and digital brand monitoring as a preventive regulatory mechanism.