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All Journal Unes Law Review Jurnal Hukum Lex Generalis
Luthfiyah Chusnida, Nabilah
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Kedudukan Rahasia Dagang sebagai Harta Gono-Gini Caesar Purwanto, Aldira Mara Ditta; Luthfiyah Chusnida, Nabilah
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1751

Abstract

Trade secrets or what is now known as undisclosed information are part of IPR which is parallel to other forms of IPR such as patents, brands, industrial product designs, copyrights, etc. The method used is normative juridical. According to legal experts, trade secrets are included in the category of intangible movable objects, in the form of rights that have moral, practical and economic value. Based on what is stated above, trade secrets become a right that has moral and economic value. However, when the owner of the IPR dies or there is a divorce in the household, it is very likely that problems will arise because of the economic value of the trade secret. The result is that trade secrets are intellectual property of high value and must be protected, then secrets can be said to be joint property if they are registered during the marriage period, but if they are registered before the marriage period they are said to be personal property of each individual. However, if the economic value is in the form of royalties on If the trade secret is received or obtained after the marriage, it is wealth in the household which becomes joint property. So, if a divorce occurs, it can become joint property that must be divided.
Analisis Prinsip Kebebasan Berkontrak dalam Pengembangan Penerapan Kontrak Baku Luthfiyah Chusnida, Nabilah
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1924

Abstract

One of the legal principles adopted in contract law is the "principle of freedom of contract", which means that every person is free to enter into an agreement containing the terms of any kind of agreement, as long as the agreement is made legally and in good faith, and does not violate public order and decency.1 This freedom is the embodiment of free will, the emanation of rights and human rights. This principle assumes there is a balanced bargaining position between the contract makers. The method used is a normative juridical research method involving analysis of various laws, regulations and policies that are relevant to this issue. The results of this research show that in current practice, agreements are often made in the form of standard agreements, which limit the principle of freedom of contract. The legal basis for making agreements in practice refers to the principle of freedom of contract, the basis for its existence is found in the formulation of number 4 of Article 1320 of the Civil Code, namely a cause that is not prohibited. However, the legal basis for the principle of freedom of contract in standard agreements must take into account the provisions of Article 18, Chapter V of the Consumer Protection Law no. 8 of 1999. Thus, agreements that contain prohibited causes or causes that are manifested in the form of achievements are not permitted to be carried out according to law, morality and public order.
Co-Authors Aldira Mara Ditta Caesar Purwanto