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All Journal Dialogia Iuridica Selisik : Jurnal Hukum dan Bisnis
Sudjana
Universitas Padjadjaran
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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PENERAPAN ASAS KEADILAN DAN KEPASTIAN HUKUM TERHADAP PAJAK PENGHASILAN FINAL BAGI USAHA KECIL Sudjana
Jurnal Hukum dan Bisnis (Selisik) Vol 6 No 1 (2020): Juni
Publisher : Program Magister Ilmu Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.056 KB) | DOI: 10.35814/selisik.v6i1.1703

Abstract

With the conditions of prison that are already overcrowded and with the current CoronaPandemic, it is easy for prisoners to be infected by Covid-19 virus. Anticipation is needed sothat the rights of prisoners to live will not be disturbed, as several policies carried out by theMinistry of Law and Human Rights, one of which is to accelerate the implementation ofassimilation and integration. The policies are in order to prevent and control the Spread ofCovid-19 virus. The policy of assimilation and integration with a reduction the term that shallbe served by the prison has modify the court's decision, even though the judge at the time ofmaking his decision had considered juridical, philosophical and sociological aspects to findout the fair punishment for the defendant. Does the prison term that should be served by theprisoners will injure justice? An analysis of this phenomenon will arrive at a discussion on theimportance of preventing prisoners from experiencing overpunishment as justification forpunishment term reduction
PRINCIPLE OF GOOD FAITH IN CONFIDENTIALITY AGREEMENTS OF TRADE SECRET INFORMATION Sudjana
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/dialogiaiuridica.v14i1.5376

Abstract

This study aims to determine the category of agreement on confidentiality of Trade Secret Information in the perspective of contract law, Good Faith Criteria, and Legal Consequences for Disclosure of Trade Secrets in Confidentiality Agreement. Study results: (1). The category of confidentiality agreement based on its arrangement includes an anonymous agreement (not regulated in the Civil Code); according to the method of preparation including standard agreements (determined unilaterally by the owner of the Trade Secret) based on the principle of freedom of contract; is a formal agreement, namely the confidentiality agreement occurs not only in an agreement but also stated in a deed (under the hand); and in written form, namely Confidentiality Agreement; (2). The criteria for good faith based on the doctrine of subjective good faith and objective good faith are not disclosing Trade Secrets but Law no. 30 of 2000 does not explicitly regulate so that the criteria for good faith relate to the obligation to keep confidential referring to Article 1338 paragraph (3) of the Civil Code and doctrine or expert opinion. The legal consequences of disclosing a Trade Secret give rise to the right of the owner of the Trade Secret to take legal action, both litigation and non-litigation.
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