Amrulla, Mohammad Fahrial
Fakultas Hukum Universitas Merdeka Malang

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Journal : BHIRAWA LAW JOURNAL

Analisis terhadap Penerimaan Merek yang Digunakan sebagai Objek Jaminan Fidusia Igal Gilang Kurniawan; Kadek Wiwik Indrayanti; Hendra Djaja; Muhammad Fahrial Amrullah
Bhirawa Law Journal Vol 2, No 2 (2021): November 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (887.777 KB) | DOI: 10.26905/blj.v2i2.6826

Abstract

In the context of national development amid the progress of the times, intellectual property in the form of brands is considered to have potential as a source of banking funding. Intellectual property in it resides in economic rights and moral rights so that it is believed to have commercial value so that it is very possible to be used as an object of collateral for banks to obtain credit facilities. In banking practice, trademark rights have been accepted as objects of fiduciary guarantees as additional guarantees to obtain credit facilities. Marks are specifically regulated through Law Number 20 of 2016 concerning Marks and Geographical Indications. However, the mark is not mentioned as an object that can be imposed on it using a fiduciary scheme. This study uses a juridical-normative approach. This research focuses on library materials such as laws and regulations and relevant sources. This study examines the basis of brand acceptance as an object of fiduciary guarantee and brand requirements as an object of fiduciary guarantee. The results of this study indicate that the brand is classified as an intangible movable object that has a valuation (economic value) in it that can be used as an object in a legal relationship. A mark can be imposed on it by using a fiduciary scheme if the mark meets the juridical requirements, its economic value can be measured reliably and does not conflict with the socio-cultural
Tanggungjawab Yuridis PT. Tokopedia atas Kebocoran Data Pribadi dan Privasi Konsumen dalam Transaksi Online Alfrida Sylfia; i Gusti Ngurah Adyana; Mohammad Fahrial Amrullah; Hendra Djaja
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v2i1.5850

Abstract

The development of information technology which is increasingly advanced and developing rapidly has caused everyone to easily carry out various online transactions using electronic media without any limitations in space and time. With this progress, it creates new problems in electronic systems that cause leakage of personal data andconsumer privacy. Such as experienced by business company, PT. Toko Pedia. This approach focuses on examining literature materials such as statutory regulations and other relevant sources. This study examines how the legal relationship between consumers and PT. Toko Pedia as well as how the responsibilities of PT. Toko Pedia if there is a leak of personal data and consumer privacy. This study uses a normativejuridical approach. The results of this study are to provide an understanding of perotecting personal data and consumer privacy, the efforts if there is a leak of personal data and consumer privacy, the penalty and responsibilities that business company accept of leaking the consumer privacy and personal data.
Alternatif, Penyelesaian Sengketa Utang Piutang berbasis Aplikasi Online Rahmat Bakhtiar Pratama; Hendra Djaja; Tri Susilaningsih; Moh Fahrial Amrullah
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v1i1.5277

Abstract

Debt receivables are based on an agreement, an agreement on receivables is included in the principal agreement. In the event of a process of debt receivable agreement made by the creditor and debtor. debtor basically based on trust between the creditor and the debtor, but a lot of debt occurs using additional agreements or assessors that govern collateral, accounts receivable debtusing collateral can vary, collateral for movable or immovable objects, tangible movable objects or intangible. The phenomenon that is happening right now is that there are accounts receivable debts where the lenders and debt recipients have never met, these debts use online applications or commonly referred to as online applications and some call it the term fintech which stands for financial technology. This debt continues to use the agreement, and the agreementshould still comply with the rules and regulations which are basically regulated in article 1313 BW, and 1320 BW. Problems occur if one of the parties in the debt agreement is broken or promised to commit an act against the law, disputes that occur in the event of the debt can be resolved by resolving disputes outside the court. Settlement of disputes outside the court can bean alternative to problems that occur in the debt and credit activities using online applications.
Hak Gugat Harta dalam Perkawinan Poligami Deas Oktaviara Habiansyah; Dewi Astutty; M Ghufron Az; Mohammad Fahrial Amrullah
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7958

Abstract

As social beings, humans in living their daily lives are creatures who communicate with each other and need each other. It becomes a common thing when there is finally an attraction between the opposite sex. Love and affection are the reasons humans are bound in a relationship called marriage. Polygamous marriages cause several somah in marriage. Equality of position between husbands and wives will be determined by the pattern of marriage carried out. Based on legal facts, it is found that the husband's previous wife denied the rights. In addition, the rights to joint property are reduced by the interests of other wives, both second, third, and fourth. The type of research used by the author in this study is a type of normative legal research. If on one occasion another wife (second, third, and or fourth wife) in a marriage with the principle of polygamy commits fraud by using joint property unilaterally, then the first wife can sue civilly to the court against the unfair use of property, or it can go through the court of law. crime as a crime.