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INDONESIA
JOURNAL OF PRIVATE AND COMMERCIAL LAW
Published by Universitas Negeri Semarang
ISSN : 25990314     EISSN : 25990306     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue " Vol 2, No 1 (2018)" : 6 Documents clear
THE EXISTENCE OF A COMPANY IN THE SOCIETY AND ITS LEGALITY IN INDONESIAN LAW Prabowo, M Shidqon; UMAMI, YURIDA ZAKYY
JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
Publisher : Faculty of Law, Universitas Negeri Semarang

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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)
Publisher : Faculty of Law, Universitas Negeri Semarang

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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 creator's 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 someone's 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)
Publisher : Faculty of Law, Universitas Negeri Semarang

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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; Paripurna, Paripurna
JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

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.
THE STATE POSITION AS A PREFERENT CREDITOR OF THE TAX DEBT IN BANKRUPTCY Damayanti, Ratih
JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

Bankruptcy is a decision issued by the Court that resulted in a general confiscation of all the wealth owned and the wealth that will be owned by the debtor in the future. The State has the preference right to tax debt on the property of the Taxpayer. This means that the position of the state as a preferent creditor who is declared to have prior rights over the property of the Taxpayer to be auctioned in public. The state's preference by taxpayer repayment is in fact not as easy as one might imagine, there are some problems. The purpose of article writing is to know the position of the State as a preferent creditor for the tax debt of the taxpayer declared bankrupt and know the obstacles of the State as a preferent creditor to the repayment of tax debt on taxpayers declared bankrupt. Provisions on the State's prior rights include the principal taxes, administrative sanctions in the form of interest, penalties, increases, and tax collection fees. The weakness in the regulation creates an impediment to the application of the State as a preferential creditor who has the preference right, namely the formulation of the preference right itself that is unclear about the notion of the state's position as the preferent creditor, in addition to the overlapping regulation of the preference right (preferent creditor) The Civil Code, the Law on General Taxation and Bankruptcy Laws and Postponement of Debt Payment Obligations which not only the State as the Preference rights holder's creditors.
ONLINE BUYING AND SELLING TRANSACTIONS UNDER INTERNATIONAL PRIVATE LAW Lubis, Muhammad Ikhsan
JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 2, No 1 (2018)
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

Development of business transactions especially buying and selling has globally impact to daily activities, and in modern era it disrupted by technology. Distance and time was no longer an obstacle in terms of getting the desired goods or services. The buying and selling transaction is then called online buying and selling transaction, a term commonly used by business actors in Indonesia and even the world. Civilizations and actions of a person change drastically in fulfilling his desire to get something what he wants. The online buying and selling transaction is even considered the 5th Industrial Revolution for the order of trade and industrial civilization in the world today. This paper will see and examine online buying and selling transactions from the perspective of the International Private Law, because it is not impossible this online buying and selling transactions cross the border of the country. It is hoped that this paper will give different insight and perspective for readers about online transaction.

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