Recital Review

Eksistensi Reforma Agraria Dalam Penyelesaian Sengketa Agraria

Nurul Khoirotul Hijriah — Thu, 25 Jan 2024 00:00:00 +0700

The purpose of this paper is to identify and analyze the existence of agrarian reform in the current resolution of agrarian disputes. The existence of agrarian reform in the settlement of agrarian disputes has not fulfilled the expected goals. The continued increase in the number of agrarian dispute cases reflects that the existence of agrarian reform needs to be used as the basis for (national) economic development in Indonesia. In addition, it is very necessary to improve and evaluate the policies drafted after the UUPA, so that the objectives of agrarian reform can proceed as they should and can have a welfare impact on all levels of society.

Politik Hukum Undang Undang Paten: Perbandingan Indonesia dan Jepang

Ageng Triganda Sayuti, Windarto, Pahlefi, Lili Naili Hidayah — Thu, 25 Jan 2024 00:00:00 +0700

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.

Penyelesaian Putusan Sengketa Ekonomi Syariah Pada Perkara Wanprestasi BMT Al-Falah Berkah Sejahtera di Pengadilan Agama Sumber

Afif Muamar; Fadilah Rohayati — Thu, 25 Jan 2024 00:00:00 +0700

The purpose of this research is to analyze the handling of Sharia economic disputes, especially in cases of default in religious courts, and the source of the decision. This research shows that the settlement of sharia economic cases is regulated in Supreme Court Regulation (PERMA) Number 14 of 2016 concerning Procedures for Settling Sharia Economic Cases. Furthermore, Article 1243 of the Civil Code states, "Reimbursement of costs, losses, and interest for non-fulfillment of an obligation begins to be required if the debtor, even though it has been declared negligent, remains negligent to fulfill the obligation, or if something that must be given or done can only be given or done in a time that exceeds the time specified.". Thus, through the judge's decision, it is decided that defendants I and II, who have been officially and properly summoned, are not present at the trial, so it is considered that the allegations made by the plaintiff are true and that the defendant has defaulted. Stating that the decision of this case is declared to be executable in advance even though there is a verzet, punishing Defendant I and Defendant II to pay immediately and unconditionally the entire remaining debt to the Plaintiff in the amount of Rp. 112,600,000, unable to pay it, the land certificate will be auctioned to pay off the financing.

Dinamika Hukum Perkawinan Adat Pada Sistem Kekerabatan Parental/Bilateral Terhadap Masyarakat Sunda

Karwiyah, Bambang Daru Nugroho, Hazar Kusmayanti — Thu, 25 Jan 2024 00:00:00 +0700

This paper provides an overview of the legal dynamics and legal sanctions of customary marriage in the parental/bilateral kinship system against the Sundanese community. The approach method applied is in the form of normative juridical or literature law research. The research specifications used are descriptive analytical. Stages of research with literature research that uses primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method is then carried out through literature studies and observations (observations). The method of data analysis is carried out in a qualitative juridical manner. The results showed that customary marriage law in the parental/bilateral kinship system for Sundanese people, including the Sundanese Community in Karawang Regency, applies kinship relations from husband and wife, and so on until their descendants' children later. The marriage is accompanied by a series of traditional marriage ceremony processions from before to after the marriage contract, although some still follow the whole and some adjust. The practice in the Karawang Regency community that a series of marriage customs if there are things that are considered lacking and not in accordance with the customs that should be sanctioned only comes from the surrounding response.

Perlindungan Hukum Bagi Investor Terhadap Insider Trading di Pasar Modal Dalam Perspektif Undang-Undang Pasar Modal

Nazhif Ali Murtadho — Thu, 25 Jan 2024 00:00:00 +0700

This study discusses legal protection for investors against insider trading practices in the capital market based on Law Number 8 of 1995. Insider trading is an illegal action in which individuals use confidential information that is not yet publicly available in securities transactions. This research uses normative legal research or literature law research that focuses on analyzing the norms contained in laws and regulations as well as norms governing the capital market and insider trading aspects in it. The law provides for prohibitions and sanctions against insider trading actors, including the imposition of administrative, criminal, and civil sanctions. However, there are challenges in proving insider trading cases and legal loopholes that can be exploited by perpetrators. Firm and effective law enforcement against insider trading is important to maintain fairness and stability of the capital market and provide legal certainty for investors. This study identifies efforts that can be made to strengthen legal protection for investors and provides recommendations to improve the effectiveness of law enforcement against insider trading in the capital market.

Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Kota Yogyakarta

Sri Windarti Woliyono, Beni Hidayat — Thu, 25 Jan 2024 00:00:00 +0700

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.

Perlindungan Hak Cipta Dalam Perspektif Asas Kebebasan Berkontrak

Prayogi Yulisti, Yetniwati, Umar Hasan — Thu, 25 Jan 2024 00:00:00 +0700

This study aims to examine how copyright buyers are protected in sold flat sale and purchase agreements after the publication of Article 18 of the Copyright Law number 28 of 2014, where the agreement expires after 25 years. Does the sale and purchase agreement remain valid according to the Civil Code so that the copyright buyer still gets the exclusive commercial rights. As well as how the perspective of a sold flat agreement is seen from the validity and protection of copyright buyers This research is a legal research that examines the perspective of laws related to sold flat agreements descriptively.