EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR.18/PUU-XVII/2019.

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. In the implementation of fiduciary, the goods that are pledged remain in the power of the debtor. Fiduciary guarantees are security rights for movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights. The principle of the object of the fiduciary guarantee is the creditor's trust in the debtor. In the fiduciary guarantee law, if the debtor defaults, the object of the fiduciary guarantee will be handed over to the creditor for the purpose of fiduciary execution. The fiduciary guarantee law gives the creditor the right to carry out the execution of the fiduciary guarantee object, the existence of this power, the creditor can withdraw the fiduciary guarantee object by means of parate execution. However, with the Constitutional Court Decision Number 18/PUU-XVII/2019 regarding the application for judicial review of Article 15 section (2) and section (3), which requires a breach of contract agreement between the creditor and the debtor and the debtor's willingness to submit the object of collateral, has eliminated the rights of creditors and eliminated the principle of material rights. Based on these problems, the question in the research is how to execute the object of fiduciary security after the Constitutional Court Decision Number 18/PUU-XVII/2019 and what is the impact of the Constitutional Court Decision Number 18/PUU-XVII/2019. The legal research method in this paper is normative juridical which is reform oriented research. The conclusion in this study should be in the fiduciary guarantee certificate including the completeness of the default clause, to strengthen the evidence that the debtor has committed a breach of contract. If the debtor (fiduciary giver), after being agreed by the parties, is deemed to be in breach of contract (default), the execution of the object of the fiduciary guarantee can be carried out independently.

Fund Ownership of Sharia Banking According to Islamic Economic Political Perspective

The concept of ownership in Islamic economics states that individuals or legal entities that have the right to ownership of a property may use it freely as long as it does not violate Islamic economic principles and the public interest. However, for Islamic banking, the ownership of funds used as business capital comes from investor customers who deposit their funds in Islamic banks. This has an effect on the ownership status of these funds. This article uses a descriptive literature research method taken from various factual references with a focus on using a normative juridical approach. This type of research is qualitative research using data analysis through several steps such as focusing data, presenting funds and drawing conclusions. The results of this study reveal the fact that the ownership rights of funds in Islamic banking are sourced from the first party funds as the bank's founder, the second party funds as shareholders and third party funds as investor customers. Ownership of these funds cannot be separated from the contract mechanism used. So that the contract used is the cause of Islamic banks having ownership rights to use these assets for business activities. The use of these funds is guaranteed by law, which shows the role of Islamic economic politics through the legal umbrella that regulates the operational system of Islamic banking, especially in the permitting of the use of investor funds for business activities through the mechanism of channeling funds and service mechanisms.

Concept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation

The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.

Prawo cywilne PRL — wybrane zagadnienia prawa autorskiego

The author, presenting in a limited way the results of research on the law of the Polish People’s Republic, discusses two institutions regulated in the 1952 Act on copyright — the compulsory license under art. 16 and 17 and the implementation of the Council of Ministers’s powers (resulting from art. 33 § 1) to determine the principles and rates of remuneration for authors and contract templates. In accordance with art. 33 § 2, in relation to the provisions of the contracts covered by them, they were absolutely binding. The first of them limited the protection of subjective “ownership” rights to works, enabling their specific, although limited by their function, “expropriation”, while the second resulted in a significant and real restriction of the freedom of contracts regarding the use and disposal of copyright to works. This analysis leads to the conclusion that adapting the law shaped in a different system and political realities — in this case, its specific “totalization” — does not require large-scale changes in the existing regulation. It is only enough to modify the institutions of fundamental importance for the implementation of the principles of a specific political order. At the same time, in the reality of the totalitarian state of the Polish People’s Republic, the acts issued on the basis of art. 33 of the Copyright Act of 1952 were the most important to fulfil the purpose of these principles.

Program Pemerintah Tentang Pendaftaran Tanah Sistematis Lengkap Di Kenongomulyo

Abstrak. Penelitian ini bertujuan untuk mengetahui program pemerintah yaitu program percepatan hak milik tanah yang berguna bagi masyarakat atas hak kepemilikan tanah. Penulis memakai penelitian hukum empiris yaitu mengkaji dan meneliti gejala di lapangan untuk dianalisi menggunakan analisa hukum. Hasil dari penelitian meliputi pelaksanaan program pemerintah yang terdiri dari 7 tahapan yaitu tahap penyuluhan, pengumpulan data fisik, pengumpulan data yuridis, pemeriksaan tanah, pengumuman dan penetapan hak, pembukuan hak, penerbitan dan penyerahan sertifikat. Keseluruhan tahapan PTSL telah dilaksanakan sesuai ketentuan hukum yang berlaku. Abstract. This study aims to determine the government's program, namely the acceleration program for land ownership rights which is useful for the community for land ownership rights. The author uses empirical legal research, which is to examine and examine symptoms in the field to be analyzed using legal analysis. The results of the research include the implementation of government programs which consist of 7 stages, namely the counseling stage, physical data collection, juridical data collection, land inspection, announcement and determination of rights, bookkeeping of rights, issuance and delivery of certificates. All stages of PTSL have been carried out in accordance with applicable legal provisions.

Peter the Great and the “modernisation” of serfdom in Russia

The article examines the transformations of Peter the Great in the context of the evolution of serfdom in Russia. The author substantiates the thesis that during the Peter’s transformations, the so-called “second edition of serfdom” took place, replacing its original, forced by objective conditions of survival and development of the country, estate-legal grounds. The substitution of the serfdom’s grounds is seen primarily in the rejection by the state of the conditionality principle of noble rights to the estate by compulsory lifelong service in the army, namely, this followed from the extension to estates of the patrimony’s possessory format. The analysis of the decree on single inheritance and its interpretations in historiography allowed us to conclude that the liberation of noble land ownership from the encumbrance of compulsory service created a legal basis for the subsequent “freedom of the nobility”, the rapid expansion of the privileges of the “noble estate” and, mainly, the ownership rights to land and peasants. The tax reform of Peter led to the fact that landlords began to assimilate the view of peasants as serfs, completely dependent on them, especially in the conditions of the responsibility imposed by the state on the owner of the estate for the payment of poll taxes and the supply of recruits.

Legal safeguard of trademark is in Ukraine at level of national legislation

In this paper theoretical and practical questions are considered in relation to trademarks, the legislative base of institute of intellectual property is Analysed that touches a trade ark exactly, The legislative base of institute of intellectual property is analysed that touches a trade ark exactly, namely by Constitution of Ukraine, Civil Code of Ukraine; Economic to Code of Ukraine; A law of Ukraine is “On the guard of rights on signs for commodities and services”, Law of Ukraine “On protecting from an unfair competition”, Law of Ukraine “About an advertisement”. Drawn conclusion in relation to the legal adjusting of rights that is given by national legal acts and terms of grant of legal safeguard that research is examined in scientific. During consideration of this research a question is considered, that it is exactly necessary it is necessary to bear in a mind at determination of concept trademark, investigational that is grounds for acquisition of legal safeguard on a trademark and outlined that are grounds at confession of trademark invalid. Problems that appear in the field of the legal adjusting of trademark in Ukraine are investigational. The aspects of legal methods of protection of ownership rights are reflected on trademarks, and also the ways of analysis of situation and most optimal methods and effective mechanisms of defence are certain. In detail paid attention during research of functions, that is executed by a trademark and their maintenance that to our opinion has an important value for understanding of features of her legal defense is considered. By the basic functions of trademark certainly: replacement commodity or services among other partial, that are in civil turnover; replacement on the origin of commodity or services; industry on certain of commodity of services; advertising of this commodity of services.

THE PROCEDURE FOR THE IMPLEMENTATION OF MILITARY-TECHNICAL COOPERATION AND THE DELIMITATION OF OWNERSHIP RIGHTS TO ITS RESULTS BETWEEN THE BRICS COUNTRIES - THE RUSSIAN FEDERATION AND BRAZIL, THE RUSSIAN FEDERATION AND SOUTH AFRICA

The article discusses the procedure for the implementation of military-technical cooperation and the delimitation of ownership rights to its results between the BRICS countries - the Russian Federation and Brazil, the Russian Federation and South Africa. At the same time, the focus of the author's attention is on the transfer and use of previous intellectual property, the distribution of rights to the results of intellectual activity and the procedure for resolving disagreements and disputes between the contracting parties and (or) participants to contracts. The relevance of the study is due to the fact that military-technical cooperation has a strategic role for modern Russia, designed, on the one hand, to strengthen the country's military and political positions in the world, and on the other, serves the purpose of maintaining the country's defense capability and military security at the proper level. The research conducted based on such methods of scientific cognition as: general scientific dialectical, formal legal and comparative legal methods, etc. At the same time, the author proceeds from the subjective-objective determination of processes and phenomena, and their interconnectedness. The novelty of this research is determined by its very purpose, subject and range of sources under consideration. In this format, the author came to the conclusion that the approaches of the BRICS countries under consideration on some key aspects of regulating the protection of intellectual property, both transferred and created within the framework of military-technical cooperation, are largely similar. At the same time, the regulation of the use of the results of intellectual activity is the basis of relations between the Russian Federation and the BRICS countries in military-technical cooperation and is aimed at excluding unauthorized use of such products, therefore, the conclusion is formulated that the regulatory framework in the field of military-technical cooperation in terms of its international legal component on ensuring the protection of intellectual property transferred and received within the framework of such cooperation needs further improvement.

A Novel Fingerprinting Technique for Data Storing and Sharing through Clouds

With the emerging growth of digital data in information systems, technology faces the challenge of knowledge prevention, ownership rights protection, security, and privacy measurement of valuable and sensitive data. On-demand availability of various data as services in a shared and automated environment has become a reality with the advent of cloud computing. The digital fingerprinting technique has been adopted as an effective solution to protect the copyright and privacy of digital properties from illegal distribution and identification of malicious traitors over the cloud. Furthermore, it is used to trace the unauthorized distribution and the user of multimedia content distributed through the cloud. In this paper, we propose a novel fingerprinting technique for the cloud environment to protect numeric attributes in relational databases for digital privacy management. The proposed solution with the novel fingerprinting scheme is robust and efficient. It can address challenges such as embedding secure data over the cloud, essential to secure relational databases. The proposed technique provides a decoding accuracy of 100%, 90%, and 40% for 10% to 30%, 40%, and 50% of deleted records.

Risk Prevention of the Rural Idle Homesteads Transfer in Nanhai District of Foshan City based on the System for Separating Rural Land Ownership Rights

With the comprehensive deepening of the new round of rural land reform and the acceleration of urbanization, we urgently need to pre-judge and protect the risks in the process of homestead transfer, to clarify, correct and summarize the deficiencies of the transfer system, and to develop, perfect and innovate in practice, so as to reduce the risks encountered by farmers in the process of transferring Homestead, and strengthen farmers' willingness to transfer. Taking Nanhai District of Foshan City, one of the 33 pilot projects of the System for Separating the Ownership rights as an example, this paper analyzes and summarizes the risk factors in the process of rural idle homestead transfer from the perspective of farmers by using the method of questionnaire survey and binary logistic regression analysis model. Through logistic regression analysis, it is found that farmers' willingness to transfer homestead in Nanhai District are significantly connected with six variables including farmer's occupation and number of homestead. Based on the regression results, this paper will put forward countermeasures to local government to avoid the risk of homestead transfer for the sake of better homestead circulation.