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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 251 Documents
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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.
The Legal Implications of Establishing Land Bank As An Entity Authorized to Manage Land aini, Nur’Aini; Koeswahyono, Imam; Wisnuwardhani , Diah Ayu
Jurnal Hukum dan Kenotariatan Vol. 8 No. 1 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i1.21653

Abstract

Land is an important resource that controls the livelihoods of many people. Land has social, economic, cultural and even spiritual value. The presence of the state based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is to regulate land allocation in a fair manner. This is also stated in the UUPA. However, since the presence of the Land Bank, it has actually triggered problems, especially in the normative order, in this case what is highlighted is the conflict of norms. Leads to two problem formulations. First, what is the essence of the Land Bank's regulation as a body that is given the authority to manage land? Second, what are the legal implications of regulating the Land Bank as a body given the authority to manage land? Using normative legal research methods, with a statutory statute approach and theoretical approach. The resulting analysis shows that the current Land Bank regulations in Law no. 6 / 2023 in conjunction with PP No. 64 / 2021, turns out to have closer economic nuances. This also shows a lack of harmony with Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, UUPA and the objectives of agrarian reform. This regulation has legal implications, both philosophically, normatively and sociologically. Therefore, it is necessary to evaluate and reorganize Land Bank regulations in Indonesia so that they provide legal certainty and more equitable use.
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.
Legal Protection For Cryptocurrency Investors In Trading Cryptocurrencies As Crypto Assets According To Civil Law In Indonesia Rokhim, Abdul; Sunardi, Sunardi; Rakhim, Muhammad Resky
Jurnal Hukum dan Kenotariatan Vol. 8 No. 1 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i1.21771

Abstract

Crypto is a non-wuud commodity that is digital using cryptography. The legality of crypto assets in Indonesia has not received firm regulation in their use, and there is a need for a supervisory body that regulates all transaction activities for legal protection for investors in trading digital assets. The research method used in this study is to use normative juridical research methods, using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The result of the discussion of this study is that for the legality of crypto assets, Bank Indonesia places them as digital money so that they are prohibited as a means of payment, while the Ministry of Trade places them as digital assets so that they are allowed to be traded on the Futures Exchange. Normatively, there is still opposition in looking at crypto money. Legal protection of investors who make crypto asset buying and selling transactions get legal protection for losses that can be caused both criminally, namely losses caused by cyber crime and civil losses due to Unlawful Actions.
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.
Bale Mediation as an Alternative Institution For Resolution of Communal Intellectual Property Rights Disputes Among Indigenous Communities in West Nusa Tenggara Atsar, Abdul; Fathoni, Lalu Achmad
Jurnal Hukum dan Kenotariatan Vol 8 No 3 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i3.22468

Abstract

The settlement of communal intellectual property rights disputes is not only through litigation, but is also possible through mediation. The purpose of this study is to determine the position of the mediation hall as an alternative institution in resolving communal intellectual property disputes and in the judicial system in Indonesia and how the legal force of the Bale Mediation decision is in resolving Communal Intellectual Property disputes. This research method uses normative legal research, namely legal research conducted by examining library materials or secondary data. Based on the results of the study, Bale Mediation is an institution that carries out the functions of mediation, coaching and coordination in the implementation of mediation in the community in accordance with local wisdom in the context of legal reform in the field of resolving Communal Intellectual Property Rights disputes. Bale Mediation is not part of the state judiciary but rather an institution that resolves disputes outside the courts. Legal settlement of Communal Property disputes through Bale Mediation is a non-structural institution and is responsible to the Governor. The decision or result of the dispute resolution at the Mediation Center in the form of an agreement that does not yet have permanent legal force but is only an ordinary contract for the parties, only obtains the status of a peace deed after the parties, with or without the assistance of a mediator, file a peace lawsuit through the Commercial Court/District Court.
Legal Protection of Copyright for Classical Dance Artworks in the Mangkunegaran Style at the Puro Mangkunegaran Surakarta Adi Nugroho; Aidul Fitriciada Azhari; Wardah Yuspin
Jurnal Hukum dan Kenotariatan Vol 8 No 3 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i3.22548

Abstract

Puro Mangkunegaran is one of the fractional kingdoms of the Islamic Mataram Palace which still inherits Javanese cultural customs, one of which is dance culture. This study aims to determine the implementation of copyright protection for the classical dance of the Mangkunegaran Style based on Law Number 28 of 2014 concerning Copyright and the role of local government agencies in the preservation of the Mangkunegaran style classical dance. This research method uses an empirical juridical approach. Sources of data from primary data, namely interviews and secondary data, namely primary and secondary legal sources. Methods of data collection using literature studies and interviews with artists Puro Mangkunegaran and local government agencies. Data analysis is a qualitative approach. The results of this study are that Puro Mangkunegaran itself is quite strong in protecting the classical dance of the Mangkunegaran Style without registering copyright records.
The Consistency of National Health Insurance Implementation in Achieving Health Equity Asya, Jasran; Suryono, Arief; Makbul, Ahmad
Jurnal Hukum dan Kenotariatan Vol 8 No 3 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i3.22572

Abstract

The Constitution of the Republic of Indonesia mandates the state to fulfill health equity. The amendments to the Constitution reformed the health sector by decentralizing authority from the central government to regional governments. Both the regional and central governments share responsibility for health funding through public health efforts and individual health efforts. However, the National Social Security System Law and the Social Security Agency Law, which form the basis of the National Health Insurance program, were drafted and implemented without involving regional governments. This has widened the disparity in the availability of healthcare facilities and medical personnel between developed and underdeveloped regions. This research aims to assess the National Social Security System Law and the Social Security Agency Law in terms of their consistency with the Constitution and their synchronization with the Regional Government Law and the Health Law in achieving health equity. Additionally, it examines the role of regional governments in funding individual health efforts under the National Health Insurance program. This normative explanatory research, based on secondary data, investigates various legal norms related to the funding of individual health efforts by regional governments. The research concludes that the funding of individual health efforts under the National Health Insurance program by he Social Security Agency Law is inconsistent with the Constitution and is not synchronized with the Regional Government Law and the Health Law. Legislative corrections to the National Health Insurance program-related laws are necessary to involve regional governments.

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