Ownership Rights Research Articles

INTELLECTUAL PROPERTY LAW IN THE PRACTICE OF SUBSURFACE USE

This article is devoted to the study of the relationship of intellectual property rights with the right of subsurface use. In the article, the author made an attempt to reveal the legal nature of geological information, offered his author's vision on the issue of attributing geological information to the number of objects of intellectual property rights. The complexity of obtaining the results of the study lies in the fact that geological information is contained not only in natural media (drill cores, samples of minerals, carbon dioxide, mercaptans, water, samples of rocks and minerals, samples and collections of stone material, slates, anshlifs, mineral solutions and powders). In addition, in the legislation of the Republic of Kazakhstan (hereinafter - RK), the regime of ownership rights is extended to geological information, which is a consequence of insufficient study of geological information as an object of rights. The article shows the relationship of relations in the field of subsoil use with copyright, since many processes are based on the use of computer programs, information systems and other software. In addition, the activities of subsurface users are inextricably linked with inventions – objects of patent law, starting with geological exploration, survey work and ending with mining. The connection between the means of individualization and subsurface users is also obvious, since each subsurface user acts in civil circulation under its own brand name, produces products under a trademark or service mark. In addition, subsoil users often violate the exclusive rights of copyright holders, which leads not only to litigation, but also to losses in the case of the use of counterfeit goods.

Церковь и ее епископы в остготской Италии: правоимущественный аспект

This article is an attempt to address a range of problems related to the study of church property in Italy during the Ostrogothic domination (493–554). For a long time, these problems were on the periphery of scientific relevance and found their researchers only in the 20th century. This is largely due to the yet unresolved issues of our main source on the history of Ostrogothic Italy — Cassiodorus' «Variae». The lack of unanimity as to the time and place of its creation, intended audience, genre and overall representativeness of the material compels the researcher to resort to other sources, in particular to the Ravenna papyri, which largely supplement the data of the «Variae». The author focuses on three main aspects that define the structure of the article. The first part is devoted to the problem of the geographical distribution of ecclesiastical lands, as well as to the possibilities of estimating the size of the land plots belonging to the Church. The second section deals with the system of church property management. It demonstrates the general continuity in its structure from the beginning of the 5th century, and also reveals some peculiarities of this system, connected with the increased role of bishops and the functioning of the institution of defensores ecclesiae. The third part is dedicated to the legal status of ecclesiastical land. It is based on the critique of J. Durliat’s theory of subordination of the Church to the state in the matter of handling its land property and finance. The analysis of the vocabulary of ownership rights characteristic of the Roman law and reflected in the sources under study leads to the assertion that the Church had full ownership over its estates, and that ecclesiastical land plots were not part of the public land.

Legislative mechanisms of personal data protection in the health care system

Human rights and freedoms, guarantees of their observance and protection should be the basis of the activities of any democratic country in the world. The issue of information security becomes particularly relevant in modern conditions, because medical institutions collect and store personal data of persons who contact them, the results of laboratory and instrumental research, diagnoses, medical histories, etc. Endless reforms, changes in legislation, introduction of an electronic system in the field of health care cause a lot of discussions about individual mechanisms of its functioning and ensuring the protection of personal data. The collection of personal data must be lawful, subject to strict requirements and for a legitimate purpose. In addition, persons or organizations engaged in the collection and processing of personal information must protect it from abuse and respect the rights of data owners guaranteed by law. The reform of legislation in the field of data protection should take place in parallel with the dynamic process of development of Internet technologies, including the creation of a formalized system of legislation in the field of privacy. In addition, considerable attention should be paid to the level of awareness of citizens about how their personal data may be collected and used. In particular, the request for consent to the processing of personal data must be clear; access to own data should be simplified and their mobility should be increased for easier transfer of data from one service to another; companies and organizations must report serious security breaches in a timely manner. And of course, ensuring the appropriate level of responsibility and reporting of all those involved in personal data processing. Health care is increasingly reliant on information technology. More and more hospitals and healthcare institutions are using information and communication technologies to support and improve their work. Digital technologies are widely used in the public health care sector, including electronic prescriptions, appointments with a family doctor, records of services rendered, hospitalization, hospital discharge, etc. In this context, a wide range of eHealth tools and services have emerged. Electronic medical records are created in such a way that it is possible to transfer patient data between different medical professionals. Although digital health technologies have so many important functions, their high dependence on sensitive patient health information can cause information security issues. At the same time, a significant part of personal health data is often collected without informing patients about it.

Juridical Analysis of Transfer of Land Ownership Rights Unknown to the Previous Owner

The transfer of property rights over land from one party to another can be obtained through a court decision. Based on the provisions of Law No. 5 of 1960 concerning Basic Agrarian Principles and Government Regulation No. 24 of 1997 concerning Land Registration, the sale purchase and transfer of land rights must be carried out in front of a land deed official (PPAT). Many problems arise regarding the ownership of land rights carried out under the hand, in the sense that they are not in accordance with the applicable regulation. The case can be detrimental to the buyer and even a lawsuit must be made through the court. The case in this study is a case of transfer of land rights because the loss of the certificate was later found after 25 years and the owner has a good intention to apply for a name change, but the previous owner of the certificate is unknown. This study aims to ensure legal certainty in the transfer of ownership of land that is unknown to the previous owner and explain the legal consequences of the transfer of ownership of the land after the issuance of a court decision. This study uses a normative juridical method and the method of data collection uses interviews and studies and reviews a applicable law and regulation as a basis for solving problems. Therefore, using a court decision can be the basis for rights that have permanent legal force in the transfer of land rights

The Hidden Dangers of Land Disputes: Why Proof of Ownership Matters in Civil Lawsuits

One of the legal issues regarding civil lawsuits related to land and building rights is "whether or not the description of evidence of ownership of land and building rights is mandatory in the description of the lawsuit". This still causes dualism because there is a legal vacuum in this regard. The objectives of this article are: 1) Analyze the position of the description of proof of ownership in a lawsuit regarding land and building rights issues; and 2) Analyze the ratio decedendi regarding the parsing of proof of ownership in a lawsuit regarding land and building rights issues. This research is doctrinal research with statute, conceptual, and case approaches. The results of this study are, first, related to the description of evidence of ownership of land rights in the lawsuit as a formal requirement of the lawsuit in the issue of disputes over land and building rights is an obligation then the lawsuit can be qualified as an obscure lawsuit (obscuur libel), and of course the juridical consequence is that the lawsuit cannot be accepted (niet ontvankelijke verklaard). Second, from the consideration of the panel of judges in the Cibinong District Court Decision Number 216/Pdt.G/2023/PN Cbi. and District Court Decision 15/PDT.G/2011/PN. GORONTALO, it can be concluded that according to the Panel of Judges, the description of evidence of ownership of land rights in the lawsuit is a formal requirement that must be fulfilled.

All Roads Lead to Rome Combating Impunity for Perpetration of Slave Trade and Slavery Crimes

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo's Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise in a similar fashion the Draft articles. The Rome Statute creates a wide impunity gap by omitting the slave trade entirely as a war crime and crime against humanity and by including only those conflict-related slavery acts that include causing someone to engage in an act of a sexual nature. Specifically, the Rome Statute does not enumerate the slave trade or slavery under Article 8 as war crimes. It does not define the slave trade within the crime of enslavement under Article 7(g) as a crime against humanity or explicitly enumerate the slave trade within the context of a widespread or systematic attack against a civilian population. War crimes conduct is not captured fully or explicitly under ICC jurisdiction because the Rome Statute sanctions only persons exercising powers attaching to the rights of ownership who also cause that person to engage in an act of a sexual nature. Crimes against humanity conduct also escapes legal sanction when perpetrators transport or otherwise engage in any slave trade acts without exercising powers attaching to the right of ownership over a person. Furthermore, the Rome Statute's bifurcation of enslavement and sexual slavery lead to non-factual, incomplete, and discriminatory results. Sexual slavery is enslavement; its separate enumeration as a crime against humanity has required some victims to prove additionally that they were caused to engage in an act of a sexual nature in violation of non-discrimination and others' slavery harms to escape legal characterization altogether.

Legal Certainty Regarding Electronification of Land Certificates (Sertipikat-El) As Proof of Ownership of Land Rights in Indonesia

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained.

Performance Of The National Zakat Agency Based On Financial Ratios

This research aims to analyze the performance of BAZNAS Central Lombok Regency based on financial ratios. The type and research approach used is quantitative descriptive. This research uses secondary data from BAZNAS Central Lombok Regency financial reports for 2018-2022. The research results show that the activity ratio value indicates that BAZNAS Central Lombok has effectively distributed Zakat, Infaq, and Shadaqah (ZIS) funds. The turnover ratio shows very high/active performance, whereas the performance of ZIS fund distribution is excellent in time. The efficiency ratio shows that the ratio of collection costs is efficient, the operational cost ratio using the total operational costs divided by total ownership rights approach is inefficient, while the operational cost ratio using the total operational costs divided by total collection approach is efficient, as well as the human resource cost ratio. The amil fund ratio and liquidity ratio show good performance. On the other hand, the growth ratio shows poor performance. Theoretically, this research can be used as a reference for future research. Practically, this research can be a reference material for BAZNAS Central Lombok Regency, which has not yet entirely produced optimal performance and for the Central Lombok Regency government as the regulator so that it can mobilize the community and government officials in distributing zakat to BAZNAS Central Lombok Regency.

LEGAL STANDING OF LAND OWNERSHIP FOR MIXED-MARRIAGES BETWEEN BALINESE WIVES AND FOREIGN HUSBANDS IN BALI

<p>The influx of foreign visitors to Bali has naturally led to increased interaction between foreign nationals and the local Balinese population. With mixed-marriages, there are special provisions for the nationality of the spouse, the nationality of the spouse, the nationality of the children, and property in the marriage. Therefore, awareness is needed, especially for people of mixed-marriages to understand the provisions that apply to mixed-marriage spouses. This study uses normative juridical law which is a normative legal approach. The research emphasises the need for foreign nationals to understand the special provisions and restrictions for land ownership compared to Indonesian citizens. The Basic Agrarian Law of Indonesia (UUPA) governs land ownership regulations for mixed-marriages in Bali. Foreigners in Bali can acquire the right to use land through a Right to Use (<em>Hak Pakai</em>) or enter into leasehold agreements with Indonesian citizens or legal entities following to <em>asas nasionalitas</em>. However, land ownership rights are reserved exclusively for Indonesian citizens involved in mixed-marriages. The research highlights the influence of <em>Hukum Adat</em>, Balinese customary law, on land ownership in Bali. Mixed-marriage spouses should be aware of the regulatory disparities that arise after marriage and necessitate the arrangement of asset division. The customary law in Bali is in line with the existing statutory law in Indonesia.</p>

Akad Jual Beli dan Uang Ganti Rugi Rumah Dinas di Kota Langsa Perspektif Fikih Muamalah

Compensation money handed over by new residents to old residents of official residences in Langsa City as well as handover transactions for official residences have caused problems related to the status of the contract and ownership rights which occurred after payment of a sum of money which was also recognized as compensation money. Through a qualitative approach with descriptive methods, this research aims to determine the status of contracts, compensation money and ownership rights for official residences in Langsa City from a muamalat fiqh perspective. This research reveals that an official residence transaction that is recognized as a sale and purchase agreement is a false sale and purchase agreement because the old occupant as a seller is not the owner of the official residence as al-mabi' so the status of ownership of the official residence does not transfer to the buyer, but remains ownership. National Police. Furthermore, handing over compensation money is not appropriate because it is contrary to the concept of al-ta'widh, causing the transfer of assets from the party giving compensation money to be illegal to own and not permissible to use.

Organizational structures of agriculture cooperatives in China: Evidence from the green vegetable sector

China’s agriculture cooperatives are playing a pivotal role in promoting rural development and boosting farmers’ income. As a result of the rapidly changing external environment, diverse types of cooperatives have emerged. However, a comprehensive understanding of the organizational structures, including ownership, control, and benefit rights, of different types of cooperatives, is limited. This study analyzes the organizational structures of two types of cooperatives in China: entrepreneur-led cooperatives and government-led cooperatives. Qualitative methodology was used in this study, including semi-structured interviews with four green vegetable production cooperatives in Shandong province. Results reveal the structural differences between these two types of case cooperatives. Despite the shared ownership, control, and benefit rights among members, entrepreneur-led cooperatives are characterized by the dominance of core members in capital contribution, control rights, and dividend distribution; whereas government-led cooperatives distribute those rights more equally among all members. The findings in this study present a more comprehensive landscape of the organizational structures of China’s cooperatives. Empirically, it demonstrates how cooperatives can evolve and vary across laws and cultures, even within the same legislative background. Additionally, it offers crucial insights for these cooperatives to develop and sustain long-term vitality.

Pertimbangan Mubah Dan Haram Pembuatan Karya Tulis Penggemar Merujuk Pasal 9 UU Hak Cipta

Fan writing according to the Copyright Law is included in adaptation works referring to Article 40 Paragraph (1) of the Copyright Law as one of the protected works. The lack of legal rules regarding adaptation works in particular has led to the rampant commercialization of fan-written works whose legality and licensing rules are not in accordance with the rules. Referring to Article 9 of the Copyright Law, a person who obtains economic rights for publishing and adapting works must have obtained permission from the creator or copyright holder. Both the publisher and the author bear the consequences in this case of not obtaining permission and have taken exclusive rights, which consist of economic rights and moral rights bound to the original creation. The consideration between permissible and haram in the creation of this work depends on whether the publishing and commercialization of the written work causes profit or harm to the original character. It can be said to be permissible if the work does not get the permission of the original character but is also not published and not commercialized, so that the author does not get any benefit. Meanwhile, it can be said to be haram, according to Abu Dhar's Hadith on the Prohibition of Doing Harm, if publishing and reproducing a work is an act of exceeding the limit because it has taken the owner's rights without permission. Therefore, it can be considered haram because it is tantamount to seizing other people's property.

Climate Change Impact on Migration Situation in Coastal Delta Belt of Bangladesh: A Qualitative Explorative Study

Climate change is one kind of erratic behaviour and hazards of environmental consequences such as floods, flash floods, drought, heat & cold waves, cyclones, high and low tides, river bank erosion, salinity intrusion, etc. The household survey and qualitative study approaches were performed to explore the changes in vulnerable peoples’ ecological migration perspective in disaster-affected southern part of Bangladesh. People usually move to the nearest town and peri-urban areas to seek jobs due to concurrent cyclones, storm surges, and floods in the coastal areas. Again, heavy rainfall and flash-flood conditions usually create intra-district temporary migration to maintain their daily livelihood smoothly. In the char lands, this migration takes place due to riverbank erosion where family members were forced to relocate to a new residence. It occurs when the income-generating activities of people are disrupted by ecological events. Families leave their homes during the disaster period and return, once the conditions are back to normal. Movement for rural people needs constant land management systems including governance, ownership rights and access and technical support for financing land use and making productive use of land to cope with frequent natural calamities. The government of Bangladesh therefore must consider these challenges and gradually improve its capacity to prepare its technology to renovate the vulnerable local people into a climate resilient one.

IMPLEMENTATION OF THE GRANTING OF LAND OWNERSHIP RIGHTS BY THE STATE FOR FOREIGN CITIZENS UNDER ARTICLE 21 PARAGRAPH 3 OF THE BASIC AGRARIAN LAW

Land or land rights can be obtained by someone as an heir, either a biological child or a living spouse, either individually or jointly between the biological child and the living spouse. The acquisition of property rights over land occurs through inheritance, which is the transfer of land rights due to the death of a person or heir who holds land rights. The objective of this research is to identify and analyze the regulation of land ownership rights for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law (UUPA) and to identify and comprehend the implementation of land ownership rights by the State for foreign nationals at the Badung Regency Land Office. This research applies empirical legal research method with statutory approach, legal concept analysis and factual approach. The results of this research indicate that the regulation of the acquisition of property rights to land for foreign nationals according to Article 21 Paragraph 3 of the Basic Agrarian Law is that heirs with foreign citizenship are obliged to relinquish the right within a period of 1 year since the loss of Indonesian citizenship. The implementation of the granting of land ownership rights by the State for foreign nationals in the Badung Regency Land Office is that a foreign national may receive inheritance of land and/or buildings with property rights status (such as a house). However, within one year, the foreign national must transfer his/her rights to the land and/or building to another person.

Ownership of Land Ownership Rights by Traditional Villages Viewed from Indonesian Law

Ownership of Land Ownership Rights by Traditional Villages Viewed from Indonesian Law

Privatisation of the commons: land ownership, access, and exclusion among the Karrayu pastoralists of eastern Ethiopia

ABSTRACT This study critically examines the effects of communal land privatisation and certification linked to the state-sponsored irrigation project in the pastoral area. It is based on ethnographic fieldwork among the Karrayu pastoralists in eastern Ethiopia. The findings indicate that subdivision and certification excluded many pastoral individuals and groups from accessing their ancestral land. Some were not allocated land; all, including those who were allocated a parcel, lost access to the rest of the land to which they previously had access; and some of those who were granted ownership rights were also unable to reap the full benefits of their holding due to structural-relational factors constraining their power to do so. Thus, the article suggests the importance of monitoring the process to protect the rights of disadvantaged groups as well as strengthening the customary tenure rather than rushing to replace it.

Juridical Study of Inheritance Rights for Children of Foreign Citizens who Become Heirs of the Inheritance of Indonesian Citizenship Heirs in the Form of Land Rights

The issue of citizenship is an important issue, especially when it relates to the inheritance rights of people who have changed citizenship to become foreigners. This research aims to examine the legal rules for inheritance rights for children with foreign citizenship who become heirs to the inheritance of Indonesian citizen heirs in the form of land rights, as well as the legal implications of inheritance rights for heirs with foreign citizenship. The legal research method uses doctrinal research methods with statutory regulations and legal writings as legal material. Data analysis uses qualitative. The results of this research are: first, inheritance law in Indonesia in principle regulates that all heirs are entitled to an equal share of inheritance, without distinguishing between the gender or nationality of the heirs, but rather based on blood and marriage relations. So even though the heir is a foreign citizen (WNA), the heir still has the right to receive an inheritance from an heir who is an Indonesian citizen (WNI). However, if the heir's inheritance is in the form of land rights with ownership rights linked to the principle of nationality, then based on Article 21 paragraph (3) UUPA, foreigners who obtain rights to land with ownership rights due to inheritance are required to release these rights to other parties in a period of 1 (one) year, otherwise the right to the land will be forfeited and transferred to the State. Second, the legal implications for inheritance rights for heirs who are foreign citizens if the heir's inheritance is in the form of land rights, that is, if the land rights have the status of Ownership Rights, then the heirs are still entitled to their inheritance rights, but because foreigners cannot have rights property, heirs who are foreign citizens must reduce their rights to land certificates in accordance with the UUPA, namely to use rights, or sell the land so that they get cash from the sale in order to continue receiving their rights as heirs.

Legal Protection for Heirs Against the Transfer of Land Ownership Rights Through Underhand Sales and Purchase Agreements Without the knowledge of the heirs (Study Decision Number 41/PDT.G/2020/PN CELL)

Legal Protection for Heirs Against the Transfer of Land Ownership Rights Through Underhand Sales and Purchase Agreements Without the knowledge of the heirs (Study Decision Number 41/PDT.G/2020/PN CELL)

Legality of Ownership Rights through Land Certificates issued by the Village Head

Legality of Ownership Rights through Land Certificates issued by the Village Head

The Legal Nature of Emission Rights – International Experience and Vietnamese Law

The carbon emission rights market effectively controls emissions activities and develops the economy. The market's stability will depend on determining the legal nature of the objects allowed to circulate in that market. However, carbon trading markets worldwide have yet to reach a consensus in determining the legal nature of carbon emission rights. The article shows that national laws have different approaches to the legal nature of carbon emission rights in one of the following cases: (i) Just an administrative tool; (ii) Is an object of ownership, which is divided into goods or financial instruments; (iii) Is subject to ownership rights but is limited; (iv) Determined flexibly. The article reviews international experience in determining the legal nature of emission rights. Based on that, the article explores the factors determining the legal nature of carbon emission rights. Specifically, the paper determines that the right to emit carbon qualifies as an asset and should be classified as an intangible asset.