Holders Of Rights Research Articles

Perkembangan dan Tantangan Pasar Modal Indonesia

The main indicator of economic health for any country is the capital market. Cities of Presence in Indonesia experience several ups and downs which can be seen from the fluctuating JCI indicator. As a result of globalization and economic integration, the work of currency exchange is very different from that of national, regional and international economics. Local investors are required to make a significant contribution to the Indonesian stock market to make it more resilient to various crises and dangers. With the rapid growth of Indonesia's youth population, there may be an opportunity that can be used to encourage people to refrain from active trading in the stock market. In addition, several other issues in the capital development market should be discussed, including the types of fixed price contracts transacted, policies to protect the rights of holders, the "game" involved in stock transactions, and a minimal level of understanding.
 Keywords: Capital Market, Development, Challenges

ACCESS TO JUSTICE

ACCESS TO JUSTICE

Perkembangan dan Tantangan Pasar Modal Indonesia

The main indicator of economic health for any country is the capital market. Cities of Presence in Indonesia experience several ups and downs which can be seen from the fluctuating JCI indicator. As a result of globalization and economic integration, the work of currency exchange is very different from that of national, regional and international economics. Local investors are required to make a significant contribution to the Indonesian stock market to make it more resilient to various crises and dangers. With the rapid growth of Indonesia's youth population, there may be an opportunity that can be used to encourage people to refrain from active trading in the stock market. In addition, several other issues in capital development markets should be discussed, including the types of fixed price contracts transacted, policies to protect holder rights, the "game" involved in stock transactions, and a minimal level of understanding.
 Keywords: Capital Market, Development, Challenges

Perkembangan dan Tantangan Pasar Modal Indonesia

The main indicator of economic health for any country is the capital market. Cities of Presence in Indonesia experience several ups and downs which can be seen from the fluctuating JCI indicator. As a result of globalization and economic integration, the work of currency exchange is very different from that of national, regional and international economics. Local investors are required to make a significant contribution to the Indonesian stock market to make it more resilient to various crises and dangers. With the rapid growth of Indonesia's youth population, there may be an opportunity that can be used to encourage people to refrain from active trading in the stock market. In addition, several other issues in capital development markets should be discussed, including the types of fixed price contracts transacted, policies to protect holder rights, the "game" involved in stock transactions, and a minimal level of understanding.
 Keywords: Capital Market, Development, Challenges

재판상 담보공탁의 담보권 실행에 관한 소고

A judicial security deposit is being made for trial to guarantee the damage the other party will receive due to the litigation act or provisional disposition. The Civil Procedure Act stipulates that the security right holder has the same right as the pledgee on the security (Article 123 of the Civil Procedure Act), and this applies to the Civil Execution Act (Article 19 of the Civil Execution Act). At this time, in relation to the nature of the security right, there is an opinion that the security right holder has the right to pledge bonds on the right of the security obligor to claim the recovery of the deposit. However, this view is insufficient to protect the security right holder's rights, such as requiring a complicated procedure for the execution of the security right. Furthermore, in the regulations on the withdrawal of payment of collateral deposits (Administrative Regulation No. 952), it is rather confusing in understanding the nature of security rights as both the method of requesting direct withdrawal for deposit and seizure procedure for the execution of the pledge are recognized. The seizure procedure for the execution of the pledge shall be recognized only when the purpose cannot be achieved by the method of exercising the direct withdrawal right. But it is confused that this regulation allows all the method of requesting direct withdrawal for deposit and seizure procedure for the execution of the pledge. The reason why the provisions of our law stipulate that the depositor gave the same right as the pledgee to the security provided by the depositor in the trial security deposit means that the right to claim the collection of the deposit is established. Therefore, the security right holder, who is the trustee, has the right to claim preferential withdrawal from the deposit(direct claim right), and this right must be understood as the purpose of the security right. This interpretation is considered to be consistent with the purpose of recognizing the security right to the security right holder for the object deposited as a security deposit in court.

Implementing the Right of People with Disabilities to Participate in Cultural Life across Five European Countries: Narratives and Counternarratives

AbstractThe UN Convention on the Rights of Persons with Disabilities is a ground-breaking treaty that constitutes persons with disabilities as holders of rights and active members of society, and encompasses civil, political, economic, social and cultural rights. Article 30 of the Convention provides for the right of persons with disabilities to participate in cultural life. The importance of this provision lies in its detailed normative content, and also in that it sheds a light on the need for appropriate policies and practices that enhance cultural participation of persons with disabilities. By investigating the extent to which Article 30 of the Convention has been implemented across five European states (Austria, the Netherlands, Poland, Portugal, Sweden), this article identifies common narratives and counternarratives related to the realization of the right to participate in cultural life. It adopts a socio-legal approach and a blended methodology combining desk-based and empirical research. It contrasts official narratives, which highlight good practices and steps taken to improve access to culture, with counternarratives that reveal a fragmentary approach to cultural participation of persons with disabilities, persisting barriers, limited recognition of artists with disabilities, and the perpetuation of stigma and stereotypes.

Tinjauan Yuridis Sertifikat Hak Milik Atas Tanah Berdasarkan Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria

According to Article 19 paragraph (2) letter c of Law No. 5 of 1960 concerning Basic Regulations on Agrarian, with the granting of a certificate of proof of the rights over the fields of the land that is with the issuance of the certificate of land rights for land rights, including property rights to land, the state has provided the guarantee and certainty in the land sector. For holders of the rights to land, have a certificate shall have legal certainty and the protection of the law. Compared with written evidence of the other, a certificate is proof of a strong right, meaning that the holder of land rights that the name listed in the certificate should be regarded as true until proven otherwise in a court with the other evidence. On the other hand a letter of proof of the right or the certificate of land that can serve to create orderly land law. Nevertheless, the applicability than the certificate-the certificate is often questioned its effectiveness in providing certainty and legal protection. if the certificate is really protecting the rights of the subjects of the law or protect the object under such a certificate, or even just can be used as proof certificate course because it often happens that there is a certificate that is presented in the trial can be formally recognized but can't be used to protect the subject and object of the law

Doctrinal Review on The Legality of Ulayat Rights Release Agreements in Papua Province

In Papua Province, land conflicts between MHA and entrepreneurs often occur and lead to social conflicts. One of the common practices used in the transfer of ulayat land is the Ulayat Rights Release Agreement. In this article, the author will discuss the legal aspects of the Ulayat Rights Release Agreement that need to be considered to protect the seller and the buyer. This study is a normative or doctrinal research that uses primary data in the form of observations and the author's experience as a legal analyst involved in the Papua Province licensing review process, as well as secondary data derived from statutory regulations and other literature. The results showed that Ulayat Rights Release Agreement requires three important conditions, namely: 1) Subjects that need to be legally identified and ratified (Ulayat Rights Holder); 2) Objects that need to be mapped (Ulayat Rights Limits); and 3) Relationship between Subjects and Objects about how Ulayat Rights are used, regulated, and managed by Ulayat Rights Holder (Ulayat Rights Control). These three points need to be legally ratified based on applicable regulations, which is through a Regional Head Decree or Regency Regulations. Keywords: MHA, Ulayat Rights, Papua

Diminishing Dreams

Diminishing Dreams

Promoting Human Rights in Educational Sector in Nigeria: Trend of Student's Participation

The issue as to whether students are holders of rights in the changing faces of higher education in Nigeria has been a subject of great debate by scholars in human rights law and educational administration. These debates relate to whether students only have an interest which should be protected or a choice which can be exercised as right holders. However, the choice of exercising this interest is inherent in the student’s right to participation which entails a right to express a view especially in areas of decision making relating to education and welfare. The author noted in this study that even though issues of student’s welfare and education are engaged on the platform of rights, there is controversy as to whether students should participate in decisions that will change the face of higher education. This paper argues that adopting a right-based approach which recognizes the evolving competence of students and that allows full participation of students in decision making process in higher education in these respects strictly complies with international human rights practices on right to education. The paper concluded by making some recommendations useful to tackle the technical and legal intricacies occasioned by a weak educational culture.

Pelanggaran Asas Itikad Baik dalam Penggunaan Merek Tanpa Seizin Pemilik Hak Merek PB Oleh PT Garuda Tasco

The implementation of registration in Indonesia must comply with the provisions of Law Number 20 of 2016 concerning Marks and Geographical Indications (hereinafter referred to as the MIG Law). In the MIG Law, it is stated that registration must be based on the principle of good faith. In an effort to provide protection to registered trademark holders for trademark plagiarism by other parties. Violation of the registered trademark rights holder will of course cause harm to the trademark rights holder. This research method is a type of normative juridical research, namely examining phenomena that occur in accordance with applicable laws and regulations. The nature of this research is descriptive, namely research that describes, examines, and explains and analyzes a legal regulation.

The transformative forces of international law? Questioning equality regimes from a multi-level perspective

AbstractThis article approaches current constitutional conservatism in Europe, focusing on the limits of equality rights regimes. These frameworks, it is argued, provide little leverage for positive discrimination to become articulated, let alone for them to be implemented by public policies. Equality regimes are further disentangled by means of a multidimensional reading of legal orders: particular attention is devoted to international human rights law (IHRL) and European Jus Commune that may inspire shifts in constitutional thinking at domestic levels. In that sense, equality frameworks steadily open up towards an inclusive understanding of human rights based on the transformative forces of international law. A pluralistic idea of those subjected to such regimes will be embraced, hence developing a clearer conception of rights holder categories and ultimately peoples affected in daily practice, particularly minorities. A dedicated focus is placed on ethnic, cultural, religious and linguistic grounds. This may similarly concern intersectionalities and the complexities of overlapping grounds of discrimination. It is stressed that equality is best addressed by means of a multivariate approach to legal orders, their dynamics and ultimately virtuous effects of application.

Innovation, competition, and incomplete adoption of a superior technology

ABSTRACT This article shows that competition exerts a feedback effect on market structure via the process of innovation. First, downstream competition increases the willingness to pay for a more efficient technology (the direct effect). Second, a sufficiently large innovation may offer the licensees a robust strategic advantage that forces non-adopters out of business. In turn, this raises the licensee's willingness to pay to survive in the market (the indirect effect). More specifically, if competition is intense, even a tiny innovation may result in drastic effects in the market. This work also demonstrates that royalties do not always imply the complete adoption of a superior technology because of competition's indirect effect on innovation. If granted the possibility of denying access to innovation to some downstream manufacturers, an inventor or rights holder may prefer to license a substantial patent to a subset of manufacturers at a discounted price, regardless of the contract scheme enforced. Finally, this article suggests that a ban on obsolete technology is not welfare-improving from a policy perspective.

Intellectual role of civil property protection in the world experience of law enforcement and legislation

Intellectual property right is an intellectual (intellectual) right that belongs to the result of the activity of the initiator of the actions of the rights holder or owner. The owner has the right to the absolute legal use of such property, at his discretion, in any form and in any way. The use of such property objects belonging to the right holder on the basis of absolute right is allowed only with the consent of the rights holder or the owner.

Reverse The Name of The Certificate of Title To The Estate Unilaterally Without The Knowledge of The Other Heirs

Property Rights are the descending rights, strongest and fullest that a person can have over land. Property rights can be transferred and transferred to other parties because a legal event occurs due to the death of a person so that the property left behind passes to the heirs and legal actions occur if there is a transfer of rights from the rights holder or his heirs to the new rights holder. If there is an abandoned land certificate, the land certificate is also transferred. A certificate is a proof of land rights to guarantee legal certainty. How is the legal settlement of the reverse action of the title certificate to the estate unilaterally without the knowledge of the other heirs. The research method used in writing tesis in the form of a normative juridical approach method. Specifications The research used in this study is analytical descriptive research. The types and sources of data used by the author are secondary data types, data obtained through data sources of civil law literature studies and primary legal materials, secondary legal materials, tertiary legal materials. Data collection techniques are obtained through literature studies and interviews. The method of analysis in thesis research is in the form of Qualitative Juridical. The results of the research on the reverse name of the title certificate to the heirs unilaterally without the knowledge of other heirs; The first provides legal protection for heirs who have full rights related to the act of unilaterally reversing the name of the title certificate to the estate without the knowledge of the other heirs is that each heir has the right to file a lawsuit through the Court to fight for his heir rights as per Article 834 of the Civil Code. Secondly, the legal settlement of the reverse action of the name of the title certificate to the estate unilaterally without the knowledge of the other heirs is to file a lawsuit through the court institution if the court decision has been issued that has obtained permanent legal force, the title certificate contains defects law in its issuance and declared invalid and unlawful

Examination of applications for registration of the invention under EU regulations - Experience for Viet Nam

In this article, from the perspective of analyzing European Union law and Vietnamese law on patent registration as well as the practical examination of patent applications in the European Union and Vietnam in which proposes experience for Vietnam in the process of completing, amending, and supplementing legal regulations related to the process and methods of examining patent applications to save time on granting patents as well as protect industrial rights of the applicant. As a matter of practice, the long process of examining industrial property applications in general and patents, in particular, has caused difficulties for the rights holder in the process of intellectual property exploitation while the cycle of development of alternative technology or, in other words, the life cycle of technology is getting shorter and shorter. In this regard, the right holders only have a few years even a couple of months from the application date to start the process of commercial exploitation so that the right holders are unable to recover the expense of the investment for developing inventions. Besides, the number of patent applications is increasing along with economic development and national start-up campaigns. Therefore, in the context of shortening patent examination and other industrial property, in general, are now significantly necessary. Furthermore, within the scope of the article, the authors have compared the regulations of the European Patent Convention regarding the patent application examination, despite the similar steps of filing compared to Vietnam’s regulations, the European Patent Convention still has some significant regulations to shorten the examination. As the result, based on reference to EU regulations, the authors propose a number of solutions to overcome the situations leading to the prolongation of the patent granting time and effectively protecting the interests of the applicant in Vietnam.

Study on the Obligations of Internet Technology Service Providers to Protect Copyright

The "balance of interests principle" seeks to find a balance between "maintaining the development of the Internet industry" and "protecting the legitimate rights of copyright owners", so that the balance of interests of multiple parties can be achieved. The key lies in clarifying the obligation of network technology service providers to protect the copyright of others. This article clarifies this: before an infringement occurs, the network technology service provider cannot directly infringe the copyright of others, and must exercise reasonable care and the obligation to "build a copyright database". When an act of infringement occurs, the online technology service provider must comply with the "notice-and-delete" rule, fulfil its obligation to "forward notification" and provide an obvious channel for complaints. After an infringement has occurred, the OTS provider has an obligation to assist the "rights holder" in its investigation and to prevent repeated infringements by unusual Internet users.

The right to participate in cultural life of persons with disabilities in Europe: Where is the paradigm shift?

The UN Convention on the Rights of Persons with Disabilities (CRPD) is associated with a paradigm shift in how disability is approached, as it views persons with disabilities as holders of rights and as active members of society. It aims to ensure that people with disabilities are fully included in communal life, and, in Article 30, addresses participation in culture. This research article focuses on the implementation of Article 30, investigating whether there is evidence of the paradigm shift underpinning the CRPD in how cultural participation is approached by States Parties. Focusing on Europe and on the basis of a systematic qualitative document analysis of States’ reports to the Committee on the Rights of Persons with Disabilities and recommendations made by the Committee in response to them, this article shows that the medical model of disability still underpins cultural participation. Signs of a paradigm shift are, however, evident in the way States address accessibility and identities of some groups. Physical access to buildings and heritage is a prominent issue, and awareness of the need to facilitate access to cultural content is emerging. This article concludes that full realisation of the paradigm shift in the cultural domain, while being essential to achieve full inclusion of persons with disabilities, is yet to come.

Awareness, Analysis and Action: A Rights Holder Perspective on Building the Fair Food Movement and the Way Forward for Worker-Driven Social Responsibility

Awareness, Analysis and Action: A Rights Holder Perspective on Building the Fair Food Movement and the Way Forward for Worker-Driven Social Responsibility

Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.