JOURNAL OF PRIVATE AND COMMERCIAL LAW
Journal of Privat and Commercial Law (JPCL) menerima artikel hasil-hasil penelitian dan pemikiran dalam Hukum Perdata Dagang dan Hukum Bisnis. JPCL menerima tulisan dalam dua bahasa, yaitu Bahasa Indonesia dan Bahasa Inggris. JPCL terbit 2 (dua) kali dalam setahun pada bulan Mei dan Nopember. Jurnal ini diterbitkan oleh Bagian Perdata Dagang Fakultas Hukum Universitas Negeri Semarang
Articles
18
Articles
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THE INDICATION OF UNFAIR BUSINESS COMPETITION PRACTICE IN THE IMPLEMENTATION OF PUBLIC PROCUREMENT AUCTION USING E-TENDERING

Muniroh, Siti Dhurotun, Kamal, Ubaidillah

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 2 (2018)
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Abstract

Public Procurement or E-Procurement is one of the efforts to improve the quality of public services. Implementation of Public Procurement electronically at auctions is conducted through E-Tendering. Though it has been arranged with clear legal rules, there were still deviations in conducting the auctions of Public Procurement. One of the Ministry that organizes the auctions of Public Procurement through E-Tendering is the Regional Office of Ministry of Justice and Human Rights of Central Java. The researcher conducted a juridical study on the auctions of Public Procurement through E-Tendering with the research questions as follows: (1) How is the implementation of auctions of Public Procurement through E-Tendering at the Regional Office of Ministry of Justice and Human Rights of Central Java? (2) How is the indication of unfair competition practice done in the auction of Public Procurement through E-Tendering at the Regional Office of Ministry of Justice and Human Rights of Central Java? This research was Qualitative research based on empirical-juridical legal research approach. The results showed that the implementation process of the auctions of Public Procurement through E-Tendering in Procurement Services Unit (ULP) Regional Office of Ministry of Justice and Human Rights of Central Java has been in accordance with the Presidential Regulation Number 54 Years 2010 along with the changes and with the Chief of Department of Public Procurement Policies (LKPP) Regulation Number 1 Year 2015 about E-Tendering. Besides, the implementation of auctions of Public Procurement through E-Tendering on Procurement Services Unit (ULP) Regional Office of Ministry of Justice and Human Rights of Central Java has ever happened a horizontal conspiracy.

The Civil Law Review Of The Role Of Joint Village-Owned Business Entities (BUM Desa Bersama) As the Subject of Civil Law

saraya, sitta

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 2 (2018)
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Abstract

Village development in Indonesia demands a growing system of regulations both in the field of village development and its economy so that since the enactment of Law Number 6 of 2014 concerning Villages, Village-Owned Enterprises (BUM Desa) have emerged to support economic development and development of a village in Indonesia . BUM Desa is a Legal Entity that can carry out legal actions to manage capital and assets owned, provide general public services in the form of drinking water management, village waste management, management of barns, making ponds, managing plantation products and livestock products, utilizing tourism potential into villages tourism and other business activities that involve the active role of independent village communities, establish partnerships and cooperation with other parties, both individuals and other legal entities such as Limited Liability Companies, CVs and so on. The purpose of this study is to find out the role of the role of the Joint Village Business Entity as the subject of Civil Law in carrying out various legal actions including cooperating in various fields with other business entities incorporated.Keywords: Civil Law, Joint Village Owned Enterprises (BUM Desa Bersama), Subjects of Civil Law

FORMULATION OF MINERBA LAW ENFORCEMENT POLICY AGAINST UNCONVENTIONAL MINE FLOATING CATEGORY (STUDY OF SOCIO LEGAL IN BANGKA DISTRICT)

rahayu, derita

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 2 (2018)
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Abstract

The floating TI problem will also have an impact on policies on environmental conservation, fisheries and cultural change. Subjectivity of policy issues. ¬†This research approach is socio-legal. Research with such an approach, views the law in its complex face, not only stops at the norm, but also targets how the process of formation is up to its implementation. TI floating problems must be identified related to issues of authority, economic and environmental issues. With this concept, this research was carried out by conducting a step review of norms for the first stage. In the next stage, a search for certain norms related to floating TI is carried out the act of number 4 ‚?? 2009 on Minerals and Coal. It was only analyzed by offering how floating law enforcement related to IT in the Bangka Regency area. Policy problems are only possible when humans make judgments about the desire to change some problem situations. The policy problem is the result / product of human subjective assessment, the policy problem can also be accepted as legitimate definitions of objective social conditions and hence policy problems are understood, maintained and changed socially; and there are many solutions to a problem as there are many definitions of the problem. Problems and solutions are in constant changes.Key Word : Formulation Of Minerba Law Enforcement Policy, Unconventional Mine Floating Category, Study Of Socio Legal

LEGAL CERTIFICATION IN ELECTRONIC CREDIT AGREEMENT

perwitasari, dita

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 2 (2018)
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Abstract

Todays business development is very advanced. No longer developing only business that leads conventionally but also leads to technology-based business. The business of trade and services that lead to this technology also eventually also requires assistance from the financial services sector in the context of developing its business. Financial technology or better known as fintech is innovation in the field of financial services. Fintech is better known in recent years in the business world. This happens because technology evolves with the times. The development and evolution of this technology can make individuals today become easier in doing business. One service from Fintech that is currently popular is often also called Peer-to-Peer (P2P) Lending, or a company that brings lenders with loan seekers in one container, which financing or credit agreement is carried out with an online system and with the form of a standard agreement electronically. The financing or credit agreement is signed with an electronic signature and no stamp. This will cause problems if there is a default when the loan payment cannot be paid. What legal certainty can be given to creditors and debtors in the loan agreement. The research method used in this paper is a normative juridical legal research method. Where normative legal research is carried out by examining legislation and other literary materials.Keywords: Business, Technology, Agreement on lending and borrowing money, Peer to peer lending

Legal Protection of the Right to Indication of Origin in Indonesia

Masnun, Muhammad Ali

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 2 (2018)
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Abstract

The purpose of this study is to analyze the form of legal protection rights for indications of origin in Indonesia based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications (Trademark and GI Law). Legal protection rights for indications of origin are inseparable from consideration of the economic value inherent in a property. Indications of origin are different from geographical indications, indications of origin are signs that indicate the origin of goods or services that are not identical to natural (geographical) factors. This research is a normative juridical using primary legal materials and secondary legal materials, as well as using prescriptive analysis methods.The results of the study show that legal protection can be provided in the form of preventive and repressive legal protection, however, the legal protection regulation of rights for indications of origin in Indonesia are still relatively very low. Protection of rights for indications of the origin arises with a declarative system that cannot be separated from the rights to the trademark. The right to the trademark is a prerequisite for being able to declare the right to an indication of origin. The period of protection of rights for indications of the following ten years of protection of trademark and can be extended again. Transfer of rights to indications of origin is impossible to do because it is attached to the rights to the trademark and is different from the non-transferability as a geographical indication. Violation of rights for indications of origin can be in the form of use of indications of origin by non-registered users of trademark has been registered with indication of origin. The firmness of the government to provide legal protection in the form of statutory rights for indications of origin is an absolute necessity. The government must be present to provide a regulation as a consequence of the legal state, which means that in carrying out all tasks and activities, it must be based on applicable law.Keywords: Legal Protection, Indication of Origin, Indonesia

BUILDING DIMENSIONAL DEVELOPMENT IN MANAGING COMPLETION OF FREEDOM OF RELEGIOUS AND BELEIF CONFLICT IN INDONESIA

Fidiyani, Rini

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 2 (2018)
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Abstract

Rini FidiyaniFakultas Hukum Universitas Negeri SemarangEmail fidiyani.rini@gmail.comErni Wulandari, S.H., M.HumMahasiswa Program Doktor Ilmu HukumUniversitas Sebelas Maret ‚?? SoloEmail erniwulandari.006@gmail.com¬†Abstrak¬†Pendidikan tinggi hukum memiliki sejarah panjang di Indonesia dari masa colonial Hindia Belanda sampai masa sekarang. Peletakan dasar pendidikan tinggi hukum berawal¬† dari pendidikan menengah hukum ‚?? Rechtscholl -¬† bagi tenaga kerja Bumi Putera yang dijadikan pegawai ambtenaar yang dibayar murah. Tugas lulusan¬† Rechtscholl membantu pekerjaan aparat hukum dari golongan penduduk Eropa, khususnya Belanda. Atas tuntutan politik etis dan menggema konsep negara nasionalis merdeka dari segala bentuk kolonialisme, pemerintah Kolonial Hindia Belanda membuka pendidikan tinggi hukum yang berlanjut hingga sekarang. Sekarang kita telah memasuki pendidikan tinggi hukum yang bersinggungan dengan kompleksitas globalisasi menyangkut beraneka kebutuhan dan masyarakat serta area. Tuntutan pendidikan tinggi hukum masa sekarang bukan sekedar mencetak sarjana hukum yang mahir menyusun berdokumen hukum sebagai kemahiran hardskill bahkan meluas sampai pada softskill dalam mengelola penyelesaian konflik menyangkut¬† kepekaan social, rasa empati, sikap disiplin dan kesetaraan berkomunikasi dengan pihak yang berkonflik. Konflik Kebebasan Beragama dan Berkeyakinan di negara Indonesia rentan terjadi sehubungan masyarakat kita merupakan heterogen dan kasus konflik sudah terbukti menyebar di Indonesia. Seperti konflik Gerakan Aceh Merdeka, Papua, Poso. Profil memiliki kemahiran berdialog merupakan kemahiran softskill yang wajib dikuasi bagi lulusan pendidikan tinggi hukum dalam mengelola penyeleaian sengketa hukum dan atau konflik yang sekarang mudah muncul dalam berbagai sector kehidupan salah satunya kebebasan beragama dan berkeyakinan. Kemahiran personal dialogonal membutuhkan modal dan latihan khusus yang terarah dan berkesinambungan dalam membangun kemahiran tersebut. Salah satunya dalam pengelolaan penyelesaian konflik kebebasan beragama berkeyakinan di Indonesia sekaligus peluang baru dalam profesi bagi lulusan pendidikan tinggi hukum.Kata Kunci: konflik, kebebasan beragama berkeyakinan, personal dialogonal¬†

THE EXISTENCE OF A COMPANY IN THE SOCIETY AND ITS LEGALITY IN INDONESIAN LAW

Prabowo, M Shidqon

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
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Abstract

The existence of a company, being an economic institution which has a multiplayer function, has become one of the main aspects of the societal and national lives because of the business activity conducted by the company. This situation has enabled the society to fulfil their needs, to conduct their economic activities, including the absorption of employment by the company which leads to the necessity of the legality of law in the law in Indonesia.

DISSEMINATION OF COPYRIGHT LAW IN DIGITAL PRODUCTS IN SEMARANG CITY

Setiawan, Andry

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
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Abstract

A creative work created by its creator based on his sense and intention which is supported by his creativity will become an intellectual work with a high economic value. Such creators are like book and song writers who have an ability and idea to produce a work that can be enjoyed by everyone. Based on the principle of justice, it is understood that to produce such work is not an easy task because it requires sacrifice. Therefore, the creator is entitled to economic benefits for his work. An intellectual work having a very high economic value is supposed to get adequate legal protection supported by a sense of justice as the reward of the creator‚??s intellectual products. In addition to physical copyrighted work products, there are also digital products on which the creator owns a copyright. There are examples of digital products which follow the development of technology such as song files, e-books, software, etc. One of the problems that exists in the community is that the digital product becomes easier to be pirated or illegally downloaded through the internet. How is copyright protection in digital products as the embodiment of the creators creative works. Copyright protection against creators and copyright holders pursuant to Act No. 28 of 2014 on Copyright. Article 1 number 1 and Article 24 paragraph (1) and (2). The creator or copyright holder has rights to be protected by the government, namely economic rights and moral rights. The existence of economic rights and moral rights is then someones creative work will have its own values, so it is not easy to use his property for commercial purposes by the parties who are not responsible.

PROTECTION IN RETAIL INVESTORS DISADVANTED BY FAKE TRANSACTION PRACTICE (CORNERING THE MARKET)

ARGIYANTO, DESTU

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
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Abstract

The practice of fake transaction is a stock trading practice that incurs many losses, especially for retail investors who basically do not control the market in majority on the floor of the stock. This practice may threaten the liquidity and credibility of capital market activities in Indonesia. Pseudo transaction is one of the crimes prohibited in Capital Market Law which fall into the category of market manipulation. In simple terms, market manipulation is an activity undertaken by a person either directly or indirectly creating a false or misleading image of a trading activity, market situation, or price of Securities at a Stock Exchange or giving a statement, or an improper, or misleading statement so that the price of the securities in bursa affected. Provisions on market manipulation are provided in Articles 91, 92 and 93 of Law Number 8 of 1995 concerning the Capital Market.Keywords : Concerning the market, Ritel Investors, Protection

The Identification of Green Banking Concept and Bank Liability (A Study of Act Number 10 of 1998 with Extensive Interpretation and Progressive Legal Approach)

Kusumadewi, Anitalia

JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
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The purposes of this research are to analyze the identification of Green Banking concept in the Act Number 10 of 1998 with extensive interpretation and progressive legal approach and to analyze how banks should be held liable for based on applicable law in view of the extensive interpretation and progressive legal approach. This research is a normative legal research that has analyzed Green Banking concept using Act Number 10 of 1998 concerning Banking, Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality of Commercial Banks, Act Number 32 of 2009 concerning Environmental Protection and Management and the Financial Services Authority Regulation Number 51/POJK.03/2017 concerning the Application of Sustainable Finance for Financial Services Institutions, Issuer Companies and Public Companies, and then presented as prescriptive research. The result of this study is that banks are reluctant to further examine the AMDAL of financed projects and do not oversee such projects until the termination of the contract. Extensive interpretation and progressive legal approach can be used to provide bank a deep insight regarding the concept of green banking contained in the banking law and the extent to which banks (creditors) are subject to the terms of the lender liability.