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All Journal Jurnal Hukum Volkgeist Law Research Review Quarterly
Akbar, Muhamad Aksan
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Optimizing Intellectual Property as a Fiduciary Security Object After the Issuance of Governmental Regulation No. 24 of 2022 Jafar, Faisal Herisetiawan; Akbar, Muhamad Aksan; Sakti, La Ode Awal
Law Research Review Quarterly Vol 9 No 3 (2023): Contemporary Issues in Crime and Justice
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v9i4.71913

Abstract

The issuance of Governmental Regulation no. 24 of 2022 on the Executory Regulation of Law no. 24 of 2019 on Creative Economy has become a zephyr for creative economy actors with regard to intellectual property-collateralized financing schemes for their businesses. The regulation also further reinforces intellectual property ownership as a standalone fiduciary object that should no longer be viewed as supplementary collateral. This paper aims to study the optimization of governmental regulation on the creative economy with respect to intellectual property-collateralized financing. To this end, a normative legal method was applied by focusing on the secondary data. The research topic was scrutinized following the prevailing regulation and relevant literature. With the issuance of Governmental Regulation no. 24 of 2022 Creative Economy, it further strengthens the ownership status of intellectual property rights as objects of material guarantees. Every citizen, especially creative economy actors, can apply for business capital loans, which can be used as collateral objects and can be classified in the form of intellectual property which must be registered or registered with the Director General of Intellectual Property, Ministry of Law and Human Rights. This consequence has an impact on the establishment of an intellectual property appraisal institution that has the task of evaluating intellectual property that will be used as collateral.
The Resolution and Accountability of State Financial Loss In Administrative and Criminal Law Perspectives Akbar, Muhamad Aksan
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4318

Abstract

Government officials, in performing public legal actions, may abuse their authority, resulting in financial loss to the state, which can have implications for both administrative and criminal resolution and liability. Purposes of this research,  to determine and/or differentiate the resolution of financial loss to the state caused by the abuse of authority by government officials from administrative and criminal law perspectives, in order to avoid criminalizing government officials' actions and weakening the corruption eradication efforts. This research methods, this normative legal research applied a statute approach. The study findings indicate that the abuse of authority causing the state’s financial loss is primarily resolved under administrative law based on Law No. 30 of 2014 concerning Government Administration. This involves the return of the financial loss to the state or regional treasury and the imposition of severe administrative sanctions. However, the abuse of authority causing state financial loss can be treated as a criminal offense if the Internal Supervisory Apparatus (APIP) or law enforcement agencies find elements of a criminal offense as defined in Article 2 paragraph (1) or Article 3 of Law No. 31 of 1999.
Co-Authors Faisal Herisetiawan Jafar Sakti, La Ode Awal