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All Journal Al-Ahkam Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Deviany, Oky
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The analysis of Business Competition Law Against the Abuse of Trademark Holders Exclusive Rights Syarifaini, Indah Utami; Deviany, Oky; Sitorus, Winner
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3683

Abstract

This study aims to find and describe the criteria for abuse of the exclusive rights of brand holders. This research was conducted in Makassar using normative research methods by referring to the applicable legal rules and principles. In addition, it uses a comparative approach to find out the laws in force in other countries related to IPR and Business Competition Law. It provides an overview by presenting case illustrations to harmonize with applicable regulations in Indonesia. The collected material is then described to obtain a clear picture and answer the problems studied. The results obtained indicate that brand holders can abuse the exclusive rights of brand holders by looking at the criteria based on the IPR rules and the Business Competition Law and the illustrations of the cases described in this paper.
Analisis Hukum terhadap Penolakan Perdamaian oleh Kreditur yang Diajukan Debitur pada Penundaan Kewajiban Pembayaran Utang Dahlan, Muhammad Fitratallah; Deviany, Oky; Aswan, Muhammad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2650

Abstract

This research evaluates the peace arrangements in PKPU and their potential to cause injustice to debtors. It also examines the legal implications of bankruptcy decisions on rejected peace plans submitted by debtors to PKPU. The research uses a statutory, conceptual, and case approach, drawing from primary legal materials such the 1945 Constitution of the Republic of Indonesia, BW, HIR, RBG, the Bankruptcy and PKPU Laws, the Judicial Powers Law as well as PKPU decisions. Secondary sources such as scholarly articles and books authored by bankruptcy and PKPU experts, as well as tertiary sources such as dictionaries and encyclopedias, were also utilized. The research findings reveal that: (1) the rejection of the settlement by the creditor causes injustice, due to the creditor's unreasonable grounds for rejection. However, the Bankruptcy Law and PKPU grant rights to the creditor under Article 222 paragraph (2), Article 289, and Article 281, enabling them to bankrupt the debtor on the grounds that the debtor's peace plan does not cover the entire amount of the debt. (3) a bankruptcy decision resulting from the rejection of a debtor's peace plan is an unsuitable decision that causes significant losses for both the debtor and the creditor.
Maintaining Legal Certainty in Indonesia: The Role of Legal Instruments in Protecting Auction Buyer Rini, Tifani; Paserangi, Hasbir; Deviany, Oky; Maskun, Maskun; Ratnawati, Ratnawati
Al-Ahkam Vol. 34 No. 2 (2024): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2024.34.2.22531

Abstract

The implementation of a mortgage auction carries a high potential for lawsuits to cancel the auction due to objections from the debtor. This study analyzes the rights of heirs over assets encumbered with a mortgage based on credit agreements, aiming to provide legal certainty for auction winners and protection for mortgage auction winners. The research is normative with a legislative and conceptual approach. The findings show that inherited property mortgaged by the deceased, the heirs must fulfill the obligations. If they refuse, the bank can auction the property. However, auction winners often face legal disputes from heirs. For example, in Case No. 453/Pdt.G/2021/PN Mks, heirs sued Bank BRI and the auction winner, claiming ownership of the mortgaged property, despite the auction winner having valid proof. A similar issue occurred in Case No. 240/ Pdt.G/2019/PN Mks, where heirs sued PT Penanaman Modal Madani and the auction winner over a mortgaged asset due to non-performing loans. In both cases, auction winners encountered conflicts and difficulties in executing their rights despite winning the auction legally. This highlights that auction winners often lack adequate legal protection, especially in disputes with heirs. Despite existing auction regulations, legal uncertainty remains, and protection for auction winners needs improvement.
Co-Authors Dahlan, Muhammad Fitratallah Hasbir Paserangi Maskun Muhammad Aswan Ratnawati Ratnawati Rini, Tifani Syarifaini, Indah Utami Winner Sitorus, Winner