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Journal : Jurnal Hukum Volkgeist

Implementation Determination Limit Value Dependent Rights Objects by Sellers in Auctions Execution Dependent Rights Nizla Rohaya; Upik Mutiara; Ade Novensia Arahman
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2893

Abstract

This research is motivated by the author submitting an application against a lawsuit related to the determination of the estimated value limit that is not in accordance with applicable regulations, causing losses to the debtor. The purpose of this study is to determine the auction mechanism and the application of determining the value of the mortgage object by the seller. This research is based on the normative legal research method through a legal approach. The results of this study are that the auction mechanism for the execution of mortgage objects through the State Assets and Auction Service Office must comply with the rules in the Regulation of the Minister of Finance Number 213/PMK.06/2020 concerning Auction Implementation Guidelines. The implementation of the determination of the boundary of the mortgage object in the field has not been in accordance with the procedure and legal protection for the debtor has not been maximized because it can only be done through a lawsuit in court and the State Assets and Auction Service Office does not have the authority to conduct an auction against the applicable boundary determination. Suggestions for the Government to change the method of setting boundaries, which previously had 2 (two) methods, namely an assessment to avoid losses suffered by debtors and provide more legal benefits for debtors.
Legal Protection Of Brand Rights And Geographical Indications For Toraja Coffee Mutiara Nabila Rizqi; Upik Mutiara
Jurnal Hukum Volkgeist Vol. 7 No. 2 (2023): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i2.3428

Abstract

Geographical Indication is one of the Intellectual Property Rights that protects things that have features, attributes, or reputations related to the location from which they originated. Arabica coffee, which is native to Toraja South Sulawesi, has distinct attributes that distinguish it from other types of coffee, earning it a reputation as one of the world's best. The "TORAJA" brand, on the other hand, misleads customers about its uniqueness. Arabica coffee's reputation will be jeopardized if it is not from Toraja and its quality differs from that of Toraja coffee. To preserve Torajan arabica's reputation and coffee farmers, geographical indication registration on this Torajan arabica coffee is required. Geographical Indications must be legally protected in order to identify whether individuals are communal or collective. Belonging to the community in the registered Geographical Indication region is what the communal community character entails.