Secondary Legal Materials Research Articles

Analisis Kebijakan Perumahan Subsidi di Indonesia Policy Analysis Of Subsidized Housing In Indonesia

The purpose of this research is to know the development of subsidy policy in the field of housing in Indonesia, and to know the obstacles that hinder the development of subsidized housing in Indonesia. This research is normative legal research, namely research conducted by examining secondary data (literature) consisting of: primary legal materials; secondary legal materials. In normative legal research, the data that has been collected, both through the inventory of primary legal materials and the search for secondary materials, content analysis is carried out which is then processed into general premises about general norms in the regulation of subsidies in the housing sector. Furthermore, it is analyzed deductively by using a syllogism thinking pattern composed of two statements (major premise and minor premise) and a conclusion. Conclusion: 1) the provision of subsidies to low-income people is expected to realize the community, especially low-income people to own a house; 2) the low absorption rate of subsidized housing

Examining the Legality of Adultery Restrictions for Laborers: A Study in Employment Law

The research aims to analyze and propose recommendations concerning regulations prohibiting acts of infidelity committed by workers/laborers from the perspective of labor law. Unlike labor laws and regulations, which do not specifically address the prohibition of acts of infidelity, autonomous rules can address such provisions. This study employs a normative legal research methodology, utilizing both statutory and conceptual approaches. Primary and secondary legal materials serve as the basis for analysis. Findings indicate that provisions prohibiting acts of infidelity for workers/laborers can be integrated into autonomous principles without contravening existing laws and regulations. Furthermore, acts of infidelity may also fall under the purview of urgent offenses or criminal acts. The inclusion of such prohibitions in autonomous rules is not indicative of bad faith on the part of employers seeking to expedite termination of employment relations. Rather, it serves as a preventive measure against violations of laws, regulations, and ethical standards by workers/laborers. Regarding dispute resolution, termination of employment cannot be immediate in cases related to allegations of infidelity. Instead, due process must be followed to ascertain the veracity of such accusations and determine the culpability of the worker/laborer involved.

ANALISIS KEWENANGAN GUBERNUR DKI JAKARTA DALAM MENETAPKAN KEPUTUSAN UPAH MINIMUM PROVINSI TAHUN 2022

This study is based on previous work by the Governor of DKI Jakarta, who, in his 2021 Decree No. 1359, first decided on a minimum salary by looking at government regulations pertaining to salaries. Afterwards, Decree Number 1517 superseded it, disregarding the applicable government wage regulations. Examining whether or not Governor DKI Jakarta's Decision Number 1517 of 2021, which sets the minimum salary for 2022, conforms with legal requirements, and whether or not the Governor has the jurisdiction to decide minimum wage choices based on extant legislation are the problems that this study seeks to address. Using secondary data culled from a variety of sources, including main legal resources like statutes and secondary legal materials like books and journals, this study takes a descriptive-analytical method. Qualitative research and inference led to the conclusion that Law 23 of 2014 on Regional Governments grants the Governor of DKI Jakarta the authority to establish the provincial minimum salary for 2022. Unfortunately, this decision was not made in accordance with the processes laid forth in Law No. 12 of 2011 on the Formation of Legal standards.

ANALISIS HUKUM PENDAFTARAN TANAH TERHADAP TANAH KOMUNAL

Customary land rights are the highest form of land ownership under customary law, encompassing all land within a specific customary legal jurisdiction, jointly held by members of the indigenous community. The purpose of this research is to find a model for registering communal land in the land registration system and to determine the legal status of communal land in the land registration system. The research methodology used in this study is normative legal research, employing various approaches such as statutory approach and conceptual approach. The legal sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that the registration of communal land in the land registration system, both de facto and de jure, has been recognized and protected through two regulations that acknowledge the existence of communal land, namely Ministerial Regulation No. 10 of 2016 and the Complete Systematic Land Registration (PTSL) program. Essentially, communal land controlled by indigenous communities will be acknowledged through a decree issued by the regent/mayor/governor for the registered communal land at the local National Land Agency (BPN) office. However, the legal status of communal land in the Land Registration System shows that communal land is not included in the rights to land as regulated in Government Regulation No. 24 of 1997 concerning land registration. Therefore, a revision of the land registration regulation is necessary to ensure the legal certainty of communal land controlled by indigenous communities

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

Implementation of Trademark Registration to Encourage the Development of Micro, Small and Medium Enterprises in Wonogiri Regency

This study aims to analyze the implementation of trademark registration and the inhibiting factors faced by Micro, Small, and Medium Enterprises (MSMEs) in Wonogiri Regency, as well as to present solutions to overcome these challenges. This legal research is an empirical legal study that is descriptive. The research approach used is a socio-legal approach. The types and sources of legal materials used consist of primary and secondary legal materials. The legal materials are collected through document analysis and interviews. The analysis of legal materials is qualitative with a descriptive analytical method. Based on the research findings, it can be observed that trademark registration for MSMEs in Wonogiri Regency has not been well-implemented. Despite some awareness among MSMEs in this area regarding the importance of trademark registration, there are still obstacles in trademark registration and understanding intellectual property. Factors such as lack of knowledge about trademark registration, low legal awareness, complex registration procedures, and insufficient information about available facilities affect the implementation of trademark registration in this area. To address these challenges, there is a need for increased knowledge and education about trademark registration for MSMEs in Wonogiri Regency. Additionally, providing accessible information and facilities will help improve the implementation of trademark registration so that MSMEs can better understand the benefits and processes of trademark registration effectively

Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.

Masa Enam Bulan Berpisah Tempat Tinggal Sebagai Syarat Formil Pengajuan Perceraian dengan Alasan Pertengkaran: Studi Putusan Mahkamah Agung No 421 K/Ag/2023)

From a jurisprudence perspective, there is no requirement for a long period of separation between husband and wife to carry out a divorce for reasons of quarrels and disputes. This research aims to analyze the six month period of separation of residence between husband and wife as a formal requirement in filing for divorce on the grounds of quarrels and disputes as stated in the consideration of Supreme Court Decision No. 421 K/AG/2023. What is the real reason and aim of the judge in requiring the 6 month period, so that the Supreme Court's decision has canceled the decision of PA Tegal No. 312/Pdt.G/2022/PA.Tg and PTA Semarang decision no. 334/Pdt.G/2022/PTA. SMg. This research is normative legal research, using secondary data sourced from primary legal materials and secondary legal materials. Primary legal material was obtained from the Supreme Court Decision, PTA Semarang and PA Tegal Decisions, while secondary legal material was obtained from fiqh books and Supreme Court Circulars. The results of the research show that the judge's reasons for requiring a six-month period of separation between husband and wife as a formal condition for filing a divorce due to arguments are based on the new provisions contained in SEMA No. 1 of 2022 which confirms that divorce cases are based on ongoing disputes and quarrels. can be granted if it is proven that the husband/wife has had continuous disputes and quarrels or separated residences for at least 6 (six) months. This judge's decision is considered aimed at increasing family resilience and making it more difficult for divorce to occur in society, which is part of the principles of marriage.

Perspektif Capu Reke (Batal Nikah) Setelah Paluk Kila (Tukar Cincin) dalam Hukum Adat Perkawinan Manggarai

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.

Aspek Hukum Penggunaan Jasa Pihak Ketiga (Debt Collector) oleh Pihak Leasing Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor. 35 Tahun 2018 dalam Upaya Penagihan Kendaraan Roda Dua terhadap Debitur yang Melakukan Wanprestasi

The purpose of this study is to analyze the legal aspects of the use of third party services (debt collectors) by leasing parties based on Financial Services Authority Regulation No. 35/2018 in efforts to collect two-wheeled vehicles against debtors in default. 35/2018 in efforts to collect two-wheeled vehicles against debtors who make defaults The type of research in this study is normative legal research. The research in question is research that has characteristics including gaps in legal norna / principles, does not use hypotheses, uses theoretical foundations / theoretical studies and uses legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that: (1) The position of debt collectors in the leasing company is as a collection officer not an execution officer, execution can only be carried out by a bailiff with a court decision as in Article 32 of the Fiduciary Guarantee Law paragraph (2). The legal relationship between debt collectors (collection service companies) and creditors, namely debt collectors when carrying out their duties, act based on the power of attorney given by the finance company to the debt collector to collect or collect collateral objects from debtors. Likewise, in POJK No.35/2018 article 50 Financing Companies can cooperate with other parties to carry out collection functions to Debtors. (2) The legal consequences of withdrawing motorized vehicles against debt collectors, debt collectors will be held criminally liable and sentenced to criminal sanctions as stipulated in the Criminal Code as criminal law in Indonesia if the implementation is not in accordance with procedures, as well as the creditor in this case leasing can be sued by the debtor and ask to compensate civilly for the act of withdrawing motorized vehicles by debt collectors if the withdrawal has violated existing provisions and violated the agreement agreed upon by the creditor and the debtor. However, if the implementation is in accordance with the procedure, it must be protected in accordance with applicable laws.

LEGAL PROTECTION OF CONSUMERS DUE TO DEFAULT BY @SELLYALBOEM IN PURCHASING NEO CULTURE TECHNOLOGY (NCT DREAM) ALBUMS

The impact of the internet as a result of advances in the development of information technology for consumers has changed consumer behavior to become more critical and selective in determining the products they will choose. A valid agreement will have an achievement. As is known that an agreement is a relationship between two parties, based on which one party is entitled to demand something from the other party, and the other party is obliged to fulfill these demands. In this case, the achievement can be in the form of giving something, doing something, or not doing something. Although an agreement is made with the hope that everything that has been agreed upon can go well, in practice there is often a non-fulfillment of achievement from one of the parties which gives rise to a situation called default. The problem in this thesis is about the form of legal protection for consumers due to default on the purchase of NCT Dream Albums and dispute resolution efforts that can be taken if there is a default on the purchase of NCT Dream Albums. The research method in this thesis consists of a normative juridical research type with a research approach using a statutory approach and a conceptual approach. The source of legal material uses primary legal materials and secondary legal materials. The results of this study indicate that legal protection for consumers due to default by @Sellyalboem in purchasing Neo Culture Technology (NCT Dream) Albums is divided into two. First, internal legal protection is created through an agreement made by each party. The authorities create second, external protection through the formation of laws and regulations aimed at the interests of the injured party. Business actors who make defaults must make compensation. If they do not make compensation, consumers can be able to make settlement efforts using 2 ways, namely, out-of-court dispute resolution (non-litigation path) and dispute resolution in court (litigation path).

UNDERSTANDING SOLE PROPRIETORSHIP UNDER THE JOB CREATION LAW: A LEGAL HERMENEUTICS PERSPECTIVE

The issue of tender offers has gained prominence due to several high-profile cases involving the takeover of public companies, which have led to significant losses for shareholders, particularly public shareholders. The regulatory framework governing takeovers and tender offers is primarily established by Law No. 8 of 1995 concerning the Capital Market and Government Regulation No. 27 of 1998. The enactment of Law No. 21 of 2011 concerning the Financial Services Authority (OJK) in 2011 marked a significant shift in regulatory oversight, transferring authority over macroeconomic matters, including takeovers and tender offers, from Bank Indonesia to OJK. A notable example is the 2020 takeover of PT Garudafood Putra Putri Jaya Tbk. of PT Mulia Boga Raya Tbk. This study seeks to analyze the regulatory arrangements for tender offers in Indonesia and evaluate the impact of such takeovers on the public companies involved. The research employs normative legal research methodologies with a statutory approach, utilizing both primary and secondary legal materials.

TINJAUAN PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA TINDAK PIDANA PENCABULAN ANAK DALAM PUTUSAN NOMOR 56/PID.SUS/2023/PN WNG

<p align="justify"><em>This article analyzes criminal procedural law related to the suitability of the judge's considerations in deciding the case of the crime of child molestation in V</em><em>erdict</em><em> Number 56/Pid.Sus/2023/PN Wng with Article 183 of the Criminal Procedure Code. The purpose of this article is to prove whether the judge's considerations in deciding the case of child molestation in Verdict Number 56/Pid.Sus/2023/PN Wng are in accordance with Article 183 of the Criminal Procedure Code. The research method used is normative legal research. This research is prescriptive and applied. The method for collecting legal materials is by means of literature study and the legal materials used are primary legal materials and secondary legal materials. Based on the results of research and discussions to answer this problem, it can be concluded that the judge's consideration in deciding the case of child molestation in Verdict Number 56/Pid.Sus/2023/PN Wng is in accordance with Article 183 of the Criminal Procedure Code. This is because the judge's consideration in deciding the case contained 3 pieces of evidence, namely Witness Statement, Defendant's Statement and Letter (visum et repertum number: 445.1/06757).</em></p><p align="justify"> </p>

Legal Implications of Trading Robots in Financial and Commodity Markets.

This study examines the legal implications of employing trading robots in both capital markets and commodity futures markets. Utilizing a normative juridical method with a statutory approach, primary and secondary legal materials are analyzed. Findings indicate that Bappebti Regulation No. 12 of 2022 currently governs the legal landscape for trading robots. Non-compliance with these regulations may invoke Article 378 of the Criminal Code, while compliant trading robots, in case of losses, may lead to civil suits under Articles 1243 and 1365 of the Civil Code. These results underscore the importance of adhering to regulatory frameworks and highlight potential legal recourse for market participants affected by trading robot activities. Highlights : Regulatory Framework: Analysis reveals the current regulatory landscape governing trading robots in capital and commodity markets, emphasizing compliance with Bappebti Regulation No. 12 of 2022. Legal Consequences: Non-compliance with regulatory standards may lead to legal repercussions under Article 378 of the Criminal Code, while adherence to regulations offers avenues for civil suits under Articles 1243 and 1365 of the Civil Code in case of losses. Implications for Market Players: The study underscores the importance for market participants to understand and adhere to legal frameworks surrounding the use of trading robots, highlighting potential consequences and avenues for recourse in both compliance and non-compliance scenarios. Keywords: Trading Robots, Legal Implications, Regulatory Compliance, Capital Markets, Commodity Futures

Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.

Efektivitas Peraturan Daerah Kota Jambi Nomor 2 Tahun 2014 dalam Pemberantasan Pelacuran dan Perbuatan Asusila di Wilayah Kota Jambi

The occurrence of criminal acts of prostitution and immoral acts in the city of Jambi is currently widespread. This can also be proven by the existence of cases of prostitution at OYO accommodation located in the city of Jambi. Even though there is Jambi City Regional Regulation Number 2 of 2014 on the Eradication of Prostitution and Immoral Acts, in reality there is still prostitution in the city of Jambi even though the local area has been closed. The aim of this research is to understand and analyze the factors that influence people to commit prostitution and immoral acts in Jambi City, obstacles in implementing the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi City area and efforts to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area. The research method is an empirical juridical research type with a legal sociology approach and uses data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposeful sampling and data collection techniques were carried out using interviews and document studies and data analysis was carried out using qualitative analysis. The results of his research are that the factors that influence people to commit prostitution and immoral acts in Jambi City are economic and lifestyle factors, a profitable prostitution business, teenagers having broken home family backgrounds and joining the wrong social groups, the existence of hotels and nightclubs or club. The obstacle in carrying out the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi city area is that criminal sanctions are categorized as light and not as a coercive tool to ensnare perpetrators of prostitution, there is no special authority for the police to carry out criminal sanctions in the Regional Regulation. , there was a leak of information during the raid, the condition of the Youth and Women's Social Home in Talang Bakung was still worrying as it could become a rehabilitation place for prostitutes, there was resistance from the community around the prostitution localization to close the prostitution localization, there was foreign culture coming in such as promiscuity. An effort to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area is that the Jambi City Government closes down the localization of prostitution in the city of Jambi, then carries out socialization of Regional Regulation Number 2 of 2014 to the people of Jambi city, the Jambi city government and the Jambi City Civil Service Police Unit. coordinating with the TNI and Polri in carrying out raids as well as the role of the community or parents in supervising their children when using cellphones.

Analisis Penerapan Prinsip First To File Terhadap Perlindungan Hukum Preventif

This research aims to examine the application of the first-to-file principle as a preventive legal protection in trademark disputes between MS GLOW and PS GLOW. This legal writing falls under the category of normative legal research, utilizing legislative approaches and case approaches. Legal sources used in this research include primary legal materials and secondary legal materials, collected through document studies and analyzed using deductive legal material analysis with syllogism method. The results of this research indicate that the application of the first-to-file principle as a preventive legal protection in trademark disputes between MS GLOW and PS GLOW is not well implemented and effective. This is due to existing weaknesses both in the substance of the trademark law, namely Law Number 20 of 2016, and in the stages of trademark registration, namely in the announcement stage and the substantive examination stage.

Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency

This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code (KUHP), community service order is one of the main types of penalties that also serves as an alternative to short-term imprisonment, specifically for criminal offenses with a potential penalty of less than five years and where the judge imposes a maximum prison sentence of 6 (six) months. It also serves as a substitute for fines that do not exceed category II. This is an implementation of community service order to achieve the objectives of punishment and with the perspectives of justice and legal expediency.

Pembiayaan Berbasis Kekayaan Intelektual Akibat Wanprestasi oleh Para Pelaku Usaha Ekonomi Kreatif

The objects of debt collateral are generally objects that have a exists for (tangible asset) such as land, buildings, vehicles and so on. However, in Law concerning the Creative Economy, precisely in Article 16, it is explained that the government facilitates intellectual property-based financing schemes that have economic value for creative economy business actors which will be further regulated in a government regulation. In terms of supporting the use of intellectual property as collateral objects to obtain credit, the government issued Government Regulation no. 24 of 2019 concerning Implementing Regulations of Law concerning the Creative Economy. So that creative economy actors in this case can take advantage of these facilities to develop their potential. Based on this background, the author formulates two problem formulations, namely: how are intellectual property rights (IPR) regulated for creative economy businesses as objects of debt collateral? What are the resolution efforts if a dispute occurs due to default by creative economy business actors? This thesis research uses normative juridical methods with a statutory approach (statue approach) and conceptual approaches. The legal materials used are primary legal materials and secondary legal materials using the library study method of collecting legal materials with research analysis using deductive methods.

Perlindungan Hukum terhadap Kreditur dalam Pelaksanaan Pendaftaran Hak Tanggungan secara Elektronik

This research explains the procedure for implementing electronic mortgage registration and discusses legal protection for creditors in mortgage registration through SKMHT in the event of the principal's death. This normative legal research utilizes a prescriptive approach based on legislation, cases, and conceptual analysis Primary data sources include relevant laws and regulations related to mortgages, supplemented by interviews with Notaries and PPAT, as well as secondary legal materials such as books, legal research papers, and previous studies in the form of journals, theses, and dissertations related to the research. Data collection techniques are carried out through interviews, observations, and literature studies Meanwhile, the analysis technique used by the author is qualitative model. The research results indicate that electronic registration of Mortgage Rights is carried out by interested parties through the website https://mitra.atr.bpn.go.id. However, in practice, there are still shortcomings in electronic Mortgage Rights registration, particularly when it is registered using SKMHT (Power of Attorney to Burden Mortgage Rights), and then the certificate owner passes away, the registration of Mortgage Rights cannot be continued. The solution to this problem is to add an optional refinement formulation in the Electronic Mortgage Rights System that allows for the replacement of the Identity Card Number (NIK) of the grantor with the NIK of the recipient if the Mortgage Rights are registered first with a SKMHT.