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INDONESIA
JURNAL HUKUM dan KENOTARIATAN
Published by Universitas Islam Malang
ISSN : 25493361     EISSN : 26557789     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 5 Documents
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Search results for , issue "Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan" : 5 Documents clear
Renewal of Intellectual Property Execution Auction Regulations to Support Creative Economy Actors Financing Schemes Rio, Fildzah; Abubakar, Lastuti; Sugiharti, Dewi Kania
Jurnal Hukum dan Kenotariatan Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i2.21588

Abstract

Government Regulation Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy aims to optimize intellectual property as credit or financing collateral for creative economy actors. From the banking side, intellectual property as an object of collateral cannot be implemented for various reasons, including those related to the execution of intellectual property in the event of bad credit or financing. Eventhough auction regulations recognize intellectual property as intangible assets that can be executed, they still don’t provide legal certainty for both creditors and debtors. This research aims to analyse regulatory constraints in intellectual property execution auctions and renewal in auction regulations that need to be carried out to support creative economy financing schemes. This research uses a normative juridical approach with analytical descriptive research specifications and qualitative juridical data analysis. Based on the research, the following results were obtained: Although intellectual property is recognized as an object of execution auctions, regulation haven’t provide certainty regarding the execution mechanism, especially regarding the transfer of intellectual property rights. So, the idea is to make the rules stricter so that execution auctions can support intellectual property-based financing schemes for people working in the creative economy.
Legal Protection For Cessionaris Of Fiduciary Collateral Objects In The Form Of Receivables Through Cessie As A Form Of Transfer Of Taxable Goods Tandiono, Sudargo; Rini, Indrati
Jurnal Hukum dan Kenotariatan Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i2.21664

Abstract

The existence of a collateral object is intended as a form of protection for creditors if the debtor experiences delinquency, which makes it easier for creditors to collect repayment from the collateral object. However, in terms of the object of collateral in the form of accounts receivable, how valid is it as a form of transfer through a cessie. The normative legal approach using the statute approach is applied in the research methodology of this research. The results of the analysis show that the parties most at risk in transferring fiduciary collateral with objects of receivables through a cessie are Cedents (old creditors) and Cessionaris (new creditors). On the other hand, even though there is destruction of the collateral object on the transferred receivable due to payment by the debtor, the tax that has been credited cannot be adjusted in value. Therefore, it is very detrimental for cedents and cessionaries to deal with these problems.
The Urgency of a Maintenance Statement Deed Made Before a Notary for Children Born Out of Wedlock as a Form of Ta'zir Against the Biological Father Based on Notarial Practice in Indonesia Sari, Melia Putri Purnama
Jurnal Hukum dan Kenotariatan Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i2.22316

Abstract

The status of children born out of wedlock carries significant consequences, especially for those who are not recognized. Recognition, which is sought through a petition in the District Court, is essential as it constitutes a form of legal protection. This effort affects the process of determining heirs and the provision of maintenance, particularly from the biological father. To ensure legal certainty, a maintenance statement deed is made before a notary as evidence for the future. This research uses a normative juridical method, employing data collection techniques from literature studies by analyzing core issues and sources from relevant legal products.
Legal Position of the Surrogate as a Substitute For a Signature In a Notarial Deed Utomo, Hatta Isnaini Wahyu
Jurnal Hukum dan Kenotariatan Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i2.22378

Abstract

A handwritten signature on an authentic deed serves a fundamental legal function as an identifier and acknowledgment to legalize all rights and obligations outlined in the deed. According to the regulation concerning the Notary Public Functional Position (Undang-Undang Jabatan Notaris), an authentic deed must contain the signatures of all parties involved (the notary public, witnesses, and the first and second parties) as mentioned in the deed. However, this regulation can create issues when one of the parties is unable to provide a signature on the authentic deed. This research analyzes how notarial deeds are signed for people who cannot sign. This research is normative legal research using a statutory approach and a conceptual approach. The results of this study show that there are three procedures for using a Surrogate in authentic deeds First procedure: If the individual cannot read or write but has no physical disabilities (they have all their fingers and can make a signature), a fingerprint will be used as the Surrogate. This should be noted and attached to the last page of the authentic deed; Second procedure: If the individual can read and write but has issues with their fingers (due to an injury or the absence of fingers), the Surrogate can be used, but it must be accompanied by an official medical letter from a doctor or hospital. This should also be noted and attached to the last page of the authentic deed. Third procedure: If the individual has visual impairments (is blind), the Surrogate can be used, but it must be accompanied by an official medical letter from a doctor or hospital. This should be noted and attached to the last page of the authentic deed.
The EU Divorce Jurisdiction of Brussels IIB Regulation and Its Implementation in Austria Bastomi, Ahmad
Jurnal Hukum dan Kenotariatan Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i2.22382

Abstract

To accommodate the needs of its citizens in building relationships across borders, the EU has provided several regulations. Since its first establishment in 2000, the EU regulations on divorce and legal separation jurisdiction have been amended twice. There are some significant changes in this jurisdiction, from its original regulation in 2000 to its amendment version in 2003 up to the current version that was established in 2019. This paper tries to investigate the implementation of the current ruling EU instrument in Austria through three approaches by evaluating: 1) the infringement cases, 2) preliminary ruling proceedings, and 3) further official actions conducted by Austria. It can be concluded that Austria has never been accused of any infringements of the three regulations. The court judgments of the two proceedings of preliminary ruling submitted by Austrian courts concerning Brussels IIA Regulation are also in accordance with the regulated law of EC No 2201/2003. The establishment of an introductory decree on the summary and legal explanations of the Council Regulation EU No 1111/2019 by Austria is a very good practice that can be adopted by other EU member states. Therefore, this paper suggests that Austria has effectively implemented the 2019 EU instrument.

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