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Recital Review
Published by Universitas Jambi
ISSN : 26232928     EISSN : 26225891     DOI : https://doi.org/10.22437/rr.v6i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Recital Review is peer-review journal published by Universitas Jambi, Magister Konatariatan, Jambi, Indonesia. Recital review receives research-based and conceptual articles with a broad range of topics related with Notary area, including: deed-making techniques, Agrarian law; Family Law; Inheritance Law; Contract Law; Auction Law; Code Ethic of Notary; Land Law; Company and Insolvency Law; Intellectual Property Rights; Tax Law; Politics of Notarial Law; Guarantee Law; Banking Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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Politik Hukum Undang Undang Paten: Perbandingan Indonesia dan Jepang Triganda Sayuti, Ageng; Windarto, Windarto; Pahlefi, Pahlefi; Naili Hidayah, Lili
Recital Review Vol. 6 No. 1 (2024): Volume 6 Nomor 1 Januari 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i1.31612

Abstract

This article discusses the development of patent law formation in Japan as a country known to be superior in the field of technology, with a comparison of the development of patent law in Indonesia from the beginning of independence until after the reform era. By using normative methods. The results of the discussion of this paper show that firstly, intervention from various countries in various international agreements related to intellectual property was addressed by Japan with great consideration of economic aspects and in the end, Japan's patent regulations tended to follow America's common law legal tradition. Second, the formation of the Patent Law in Indonesia according to the period of its validity has experienced a shift, if initially the Patent Law was formed to encourage the improvement and development of domestic industry, in subsequent developments it was also influenced by the desire to follow international trade developments and politics by adapting the Law to TRIPs.
Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Kota Yogyakarta Windarti Woliyono, Sri; Hidayat, Beni
Recital Review Vol. 6 No. 1 (2024): Volume 6 Nomor 1 Januari 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i1.31974

Abstract

Legal certainty in terms of legal protection for holders of land rights is the aim of land registration, where proof regarding land rights is explained in the final process of land registration, namely a document and land certificate. To support the implementation of land registration, the government is implementing a complete systematic land registration (PTSL) program which is being carried out for the first time simultaneously for all land registration objects in the territory of the Republic of Indonesia in one village/kelurahan area or other equivalent name which includes the collection of physical data. and juridical data regarding one or several land registration objects for registration purposes. This research aims to identify factors in the implementation of land registration in Yogyakarta City by the National Land Agency of Yogyakarta City as well as obstacles to the implementation of complete systematic land registration. This research is empirical legal research. The research used primary data and secondary data by conducting interviews with employees of the Yogyakarta National Land Agency. The research results stated that the implementation of complete systematic land registration in the City of Yogyakarta carried out by the Yogyakarta National Land Agency went through several stages. The implementation and stages are in accordance with Ministerial Regulation No. 6 of 2018 concerning Systematic Complete Land Registration and Presidential Instruction Number 2 of 2018 concerning the Acceleration of Land Registration. Factors that become obstacles in implementing complete systematic land registration in the City of Yogyakarta include the lack of enthusiasm from the community and socialization of the Yogyakarta City land agency regarding the importance of a certificate of ownership of the land rights they own in the future and there is still a lot of land in the City of Yogyakarta whose owners do not have complete documents and the land is still in dispute.
Settlement Disputes in Banceuy Traditional Village: Perspective of Customary Law and Islamic Law Kusmayanti, Hazar; Kania, Dede
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.32630

Abstract

In the realm of marriage, the indigenous community residing in the Banceuy Traditional Village still conducts Sundanese traditional ceremonies, despite marriages being conducted under Islamic law.There are times when the married life of these indigenous people experiences prolonged disputes. This research aims to examine the settlement of marital disputes in the Banceuy traditional village from the perspective of customary law and Islamic law. The approach method used in this research is normative juridical research. The research specifications used are descriptive analytical, namely by providing data or a description as accurately as possible regarding the object of the problem. Based on the research, it is concluded that the dispute resolution that is often adopted in the community order of Banceuy Traditional Village is known as babadan tenan. Dispute resolution by babadan tenan, in which the parties to the dispute will appoint traditional elders and/or hamlet heads to mediate disputes in a marriage relationship in the customary jurisdiction of Banceuy Traditional Village. Of course, this peaceful dispute resolution is known in Islamic law because Islamic law teaches the use of peacemakers similar to the practice of mediation in the Indonesian legal system.
Keabsahan Akun Media Sosial Sebagai Harta Bersama Perkawinan Bilamana Terjadi Perceraian Cindy Kusuma, Teresa; Karama Cupu Manik, Amethysa; Shinta Dewi Pramayanti, Putu
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.33313

Abstract

The purpose of this journal is to gain an understanding of the validity of social media accounts as part of joint assets in marriage and to identify division procedures in the event of a divorce. The aim of writing this article is to answer legal questions using normative legal research methods that combine a legislative approach with legal concepts to analyze applicable theories, concepts, legal principles and regulations. Findings from the study indicate that social media accounts can be considered marital assets if they are considered virtual property, which has an impact on the division of marital assets. Property arrangements in marriage law include two categories: inherited property and joint property. Social media accounts that are included in joint assets can trigger disputes when dividing assets when a divorce occurs. There are several solutions to resolve disputes related to social media accounts that are jointly operated as joint property, such as selling them and dividing the proceeds or making an agreement to share profits from social media account income after a divorce occurs.
Kekuatan Mengikat Klausula Arbitrase Dalam Kontrak Kerjasama Ditinjau Dari Hukum Perjanjian Dan Undang – Undang Nomor 30 Tahun 1999 Tentang Arbitrase Bina Ariani, Taufiqoh; Amaliya, Lia; Syahrul Ansari, Teuku
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.34259

Abstract

In order for the parties to be able to use arbitration as a means of resolving disputes that may or may not have already existed, the most important thing they need to do is come to an agreement in advance that is written down and approved by the parties. In view of this, the issues that will be examined in this paper are: What is the place of the assertion proviso in Regulation Number 30 of 1999 concerning Discretion and Elective Question Goal, How is the limiting force of the mediation condition in light of agreement regulation. The system utilized is regulating juridical and is concentrated on utilizing the resolution approach and is connected to the issues examined. This study's findings are based on Law No. 30 of 1999, which stipulates that parties must first enter into an arbitration agreement or clause before arbitrating a dispute can be resolved. The reason for the limiting force of the discretion statement is Article 1338 passage (1) of the Common Code and Article 11 of Regulation Number 30 of 1999. A contract has binding force and must be carried out by the parties if it contains an arbitration clause.
Royalty Hak Kekayaan Intelektual sebagai Harta Bersama dalam Perkawinan di Indonesia : Trilemma Yuridiksi Suryahartati, Dwi
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.34360

Abstract

This research aims to reveal that royalties as intangible movable objects can be counted as assets in marital property. Various perspectives such as Islamic law, civil law, and the Indonesian National Marriage Law fight to strengthen the argument. This research is normative legal research that is prescriptive in nature using a conceptual approach, a statutory approach, and a comparative approach. Empirically, intellectual property rights are difficult to be considered objects that can be shared. The main focus in this research is on the legal and ethical aspects that underlie profit sharing in the context of intellectual property as a right. On the other hand, the civil law perspective explores the secular law that regulates the distribution of royalties. This article examines the issue of managing legal conflicts between several different legal systems and identifies points of convergence and divergence between Islamic legal perspectives and intellectual property law and marriage law.
Kepastian Hukum Penyelesaian Sengketa Gagal Bayar Debitur Pada Layanan Peer To Peer Lending Di Indonesia Fahmi Budi Raharja, Ramadhan
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.35112

Abstract

Peer to Peer lending is a form of online-based money lending service. P2P Lending has potential risks that can give rise to legal problems, namely the risk of default by the loan recipient. when the debtor default, the party who suffers the main loss is the lender. This type of thesis research uses the Normative Juridical method by taking a statutory approach and a conceptual approach. The results of the thesis research, legal certainty is achieved by using laws or regulations that are currently in effect, such as the Civil Code, Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, OJK Regulation No. 10/POJK.05/2022. legal implications received by debtors who fail to pay on P2P Lending, the debtor receives a warning from the P2P Lending organizer, the debtor is subject to sanctions in the form of fines and interest charges that continue to increase, the debtor experiences collection by collectors, recorded on a blacklist by OJK. the dispute resolution option that can be taken by creditors together with P2P Lending providers who suffer losses due to debtors' failure to pay can be pursued through non-litigation and litigation dispute resolution.
Penerapan Prinsip (MFN) dalam Regional Comprehensive Economic Partnership dan Dampaknya terhadap Kebijakan Perdagangan Indonesia Aulia Hidayat, Robby
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.35989

Abstract

In the era of globalisation and trade liberalisation, countries around the world continue to develop forms of international trade cooperation, such as through the Regional Comprehensive Economic Partnership (RCEP) agreement. RCEP involves 15 countries in Asia-Pacific, including 10 ASEAN members and their five major trading partners, with the aim of reducing tariffs and trade barriers and enhancing economic cooperation. The Most-Favoured Nation (MFN) principle in RCEP requires that any trade concession granted to one member country is also granted to all other members. The implementation of MFN can improve Indonesia's market access to RCEP member countries and boost economic growth through exports and foreign investment, although Indonesia must also manage competitive pressures from other member countries. To maximise the benefits of RCEP, Indonesia needs to formulate appropriate policies, including through the implementation of the Job Creation Law to increase domestic investment. This paper explores the application of MFN in RCEP, its implications for Indonesia, and the importance
Penyimpanan Protokol Notaris Dengan Konsep Elektronik Dengan Cyber Notary Rosa, Meilina
Recital Review Vol. 6 No. 2 (2024): Volume 6 Nomor 2 Juli 2024
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v6i2.37172

Abstract

The purpose of this study is to understand and analyze the urgency of electronic storage of notarial protocols within the concept of cyber notary. Additionally, it aims to explore the regulations and procedures for electronic storage of notarial protocols in Indonesia and South Korea. The electronic storage of notarial protocols, as envisioned by this concept, has not yet allowed for the transition to electronic media; notaries are still required to maintain conventional storage methods. Consistent with the legal research method used, which is normative juridical research. This involves reviewing the applicable laws and regulations and utilizing secondary data as the primary data source. Based on the research findings, it can be concluded that the ambiguity in the existing norms necessitates significant improvements and evaluations related to the regulation of electronic storage of notarial protocols, which may be feasible to implement in Indonesia, provided it does not conflict with existing laws and continues to fulfill the authenticity requirements of deeds as stipulated in Article 1868 of the Indonesian Civil Code (KUHPerdata)
Konstruksi Klausul Tanggung Jawab Sosial Lingkungan Pada Akta Perubahan Anggaran Dasar Perseroan Terbatas Di Bidang Sumber Daya Alam Triska Wulan Dari, Nayu
Recital Review Vol. 5 No. 2 (2023): Volume 5 Nomor 2 Juli 2023
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v5i2.23654

Abstract

Article 74 of the Limited Partnership Act obliges entities that carry out business activities in the field and/or related to natural resources to carry out Social Responsibility for the Environment, where such obligations are estimated and accounted for as expenses of the Association, taking into account consistency and liability. The remuneration is based on the company's work plan in the annual report in the General Meeting of Shareholders, further, Article 1 paragraph (3) of the UUPT states that TJSL is the commitment of the company to participate in the sustainable economic development that is useful to improve the quality of life and the environment that is beneficial for all stakeholders. As such a commitment should the association have the desire to include the wrong clause about TJSL is one of the acts of change of the basic budget of the corporation, although in Article 15 UUPT does not regulate the existence of the component of social responsibility for the environment. The legal issue of this writing is a conflict of norms on the UUPT which states an obligation and forms a commitment, but is not a component in the basic budget of the association. The question is why the TJSL clause is important to be loaded into the act, and how the construction of such a callus, with the aim of knowing the importance and the impact of the callus if loaded in the act of change of the budget of the association. This type of research leads to normative jurisprudence, using legislative approaches, conceptual approaches through primary, skunder, and tertiary legal materials. The results of this research with the loading of the TJSL clause can provide legal certainty in the implementation of obligations, as a reminder (alarm) for the association, and created a legal order, the consequences of TJ SL either incorporated in the matter of earning profits or in a separate article against the act of change of the basic budget either through the party act (the parties) or the Act of Relaas (official report meeting)

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