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
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<![CDATA[Bankruptcy Boedel Execution Practices in Indonesia ]]>
<![CDATA[Wachid, Arnoldi]]>;
<![CDATA[Yustitianingtyas, Levina]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i1.25344
<![CDATA[The ASEAN economic community is one of the pillars of the agreement to form ASEAN. As the integrated economic identity of Southeast Asia, MEA aims to create a single market and production base marked by the free flow of goods, services and investment. A bankruptcy issue crosses national borders arises, when debtors in Indonesia have bankrupt assets abroad. Where the bankruptcy execution process is hampered by existing rules in the country itself, especially in ASEAN, one of the international organizations in the regional level which is one of Indonesia's members, does not yet have regulations that bind its members to the problem of bankruptcy boedel. 1967 UN model law "UNCITRAL cross border insolvency" which aims to be a reference for the resolution of the bankruptcy bankruptcy problem in ASEAN. In my opinion, UNCITRAL is a flexible legal product and can be used as a harmonization of bankruptcy law in ASEAN.]]>
<![CDATA[Consumer Protection of Flight Services through Corporate Social Responsibility Implementation in Indonesia ]]>
<![CDATA[Disemadi, Hari Sutra]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i1.24252
<![CDATA[In Indonesia, air transportation is one type of transportation that is needed by the community in meeting their needs. Therefore, the rapid development of airlines makes competition among airline service companies, among others, provide various promotions to attract consumers to attract as many passengers as possible. However, in the implementation of service quality is still neglected by the company, which can be detrimental to consumers (passengers). This research is a normative legal research using a statutory approach and conceptual approach. The results of this study indicate that the airline service companies in protecting consumers must comply with the Consumer Protection Law and can through the implementation of CSR programs. Some CSR implementations by PT. Garuda Indonesia Regarding Consumer Protection is passenger safety, product and service information, customer complaints service, customer sound management (compliment, suggestion, complaint), and service improvement through a representative office.]]>
<![CDATA[The Role of the Gorontalo District National Land Agency Service in the Implementation of the Systematic Complete Land Registration Program (PTSL) ]]>
<![CDATA[Rauf, Widya Puspa Ningrum]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i1.24246
<![CDATA[The purpose of Complete Systematic Land Registration (PTSL) is to accelerate the provision of legal certainty and legal protection of community land rights in a certain, simple, fast, smooth, safe, fair, equitable and open manner and accountable, so as to improve the welfare and prosperity of the community and the country’s economy in Gorontalo district. The formulation of the issues raised by this problem are (1). How is the role of the National Land Agency Kab. Gorontalo in the Implementation of the Systematic Complete Land Registration Program (PTSL) (2). What are the obstacles faced by the Gorontalo District Land Office in implementing the Systematic Complete Land Registration program (PTSL) in Gorontalo District and the Solution to overcome these obstacles. This study uses a research approach that is empirical juridical to analyze various laws and regulations related to the role of Gorontalo District Land Office in an effort to improve land rights. And to analyze the law which is seen as a behavior of people who are patterned in the lives of people who always interact and relate in social aspects. The results of this study conclude that in the implementation of this complete systematic land registration carried out by the Gorontalo District National Land Agency, it has been implemented well in accordance with the targets that have been targeted by the central government, although there are some obstacles found in the field in the framework of accelerating the implementation of the Systematic Land Registration Program Complete (PTSL).]]>
<![CDATA[Borrow-To-Use Agreement and its Legal Consequences in Case of Damages on the Object of Agreement ]]>
<![CDATA[Adhi, Yuli Prasetyo]]>;
<![CDATA[Busro, Achmad]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i1.24784
<![CDATA[The performance of a borrow-to-use agreement can only be enjoyed by one party while the other party will not obtain anything from the borrower’s party. The willingness to help or to lend the other party is probably is based on an agreement, volunteerism, solidarity, or is because of the object owner’s social sense. The regulation is already available in the Civil Codes. However, the question is whether the provisions in the Civil Codes regarding to borrow-to-use agreement are still relevant in the present situations and to the more complex society. The risks will rise along with the making of the agreement. Therefore, it is necessary that there is a sound mechanism to regulate and resolve problems regarding the emerging risks in the borrow-to-use agreement. The objectives of this study are to analyze provisions regarding a borrow-to-use agreement regulated by the Civil Codes and the legal consequences in the occurrence of the damage of the object of a borrow-to-use agreement in the perspective of the Civil Codes and to resolve risks occurring in the agreement. The study makes use of a normative juridical approach method by applying regulation approach. The data used are secondary data which come from the primary, secondary, tertiary materials. The object of the borrow-to-use agreement which is conducted by the society varies from movable to immovable objects. The most frequently used objects for a borrow-to-use agreement by the society are vehicles like cars, motorcycles, trucks, etc. The immovable objects which are frequently used include: houses, land, buildings, etc. In Indonesia, a borrow-to-use agreement is a common practice making use of various objects as its collaterals.]]>
<![CDATA[Corporate Governance Regulation and Technology: Indonesia’s Way to Move Forward ]]>
<![CDATA[Prisandani, Ulya Yasmine]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i1.24447
<![CDATA[The study aims to analyze the regulation and implementation of corporate governance in Indonesia, and extend it to the beneficial utilization of technological advancements in the legal field that can be applied to developing Indonesian good corporate governance implementation. The analysis will be carried out through a normative-juridical method, utilizing the statute approach in which relevant laws and regulations are enquired into, supported by the existing literatures and academic papers. The paper looks into the weaknesses of the currently prevailing corporate governance regulatory regime, followed by the possible use of technology to develop Indonesia’s corporate governance implmenetation. The study finds that the drawbacks of Indonesian corporate governance legal regime include the needs for stronger and stricter regulation such as in relation to the requirement for affiliation for Board of Directors and Board of Commissioners, as well as minority shareholders protection linked to an equitable decision making process in a General Meetings of Shareholders. Further, technological advancements can be used for the betterment of corporate governance implementation in Indonesia, such as in terms of automation of document filing, submission and reporting in addition to other practical online and digital means which include the eASY.KSEI system as the official online General Meetings of Shareholders platform for public companies that has been tested during the recent COVID-19 pandemic situation.]]>
<![CDATA[The Role of the Gorontalo District National Land Agency Service in the Implementation of the Systematic Complete Land Registration Program (PTSL) ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i1.24246
<![CDATA[The purpose of Complete Systematic Land Registration (PTSL) is to accelerate the provision of legal certainty and legal protection of community land rights in a certain, simple, fast, smooth, safe, fair, equitable and open manner and accountable, so as to improve the welfare and prosperity of the community and the country’s economy in Gorontalo district. The formulation of the issues raised by this problem are (1). How is the role of the National Land Agency Kab. Gorontalo in the Implementation of the Systematic Complete Land Registration Program (PTSL) (2). What are the obstacles faced by the Gorontalo District Land Office in implementing the Systematic Complete Land Registration program (PTSL) in Gorontalo District and the Solution to overcome these obstacles. This study uses a research approach that is empirical juridical to analyze various laws and regulations related to the role of Gorontalo District Land Office in an effort to improve land rights. And to analyze the law which is seen as a behavior of people who are patterned in the lives of people who always interact and relate in social aspects. The results of this study conclude that in the implementation of this complete systematic land registration carried out by the Gorontalo District National Land Agency, it has been implemented well in accordance with the targets that have been targeted by the central government, although there are some obstacles found in the field in the framework of accelerating the implementation of the Systematic Land Registration Program Complete (PTSL).]]>
<![CDATA[Borrow-To-Use Agreement and its Legal Consequences in Case of Damages on the Object of Agreement ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i1.24784
<![CDATA[The performance of a borrow-to-use agreement can only be enjoyed by one party while the other party will not obtain anything from the borrower’s party. The willingness to help or to lend the other party is probably is based on an agreement, volunteerism, solidarity, or is because of the object owner’s social sense. The regulation is already available in the Civil Codes. However, the question is whether the provisions in the Civil Codes regarding to borrow-to-use agreement are still relevant in the present situations and to the more complex society. The risks will rise along with the making of the agreement. Therefore, it is necessary that there is a sound mechanism to regulate and resolve problems regarding the emerging risks in the borrow-to-use agreement. The objectives of this study are to analyze provisions regarding a borrow-to-use agreement regulated by the Civil Codes and the legal consequences in the occurrence of the damage of the object of a borrow-to-use agreement in the perspective of the Civil Codes and to resolve risks occurring in the agreement. The study makes use of a normative juridical approach method by applying regulation approach. The data used are secondary data which come from the primary, secondary, tertiary materials. The object of the borrow-to-use agreement which is conducted by the society varies from movable to immovable objects. The most frequently used objects for a borrow-to-use agreement by the society are vehicles like cars, motorcycles, trucks, etc. The immovable objects which are frequently used include: houses, land, buildings, etc. In Indonesia, a borrow-to-use agreement is a common practice making use of various objects as its collaterals.]]>
<![CDATA[Corporate Governance Regulation and Technology: Indonesia’s Way to Move Forward ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i1.24447
<![CDATA[The study aims to analyze the regulation and implementation of corporate governance in Indonesia, and extend it to the beneficial utilization of technological advancements in the legal field that can be applied to developing Indonesian good corporate governance implementation. The analysis will be carried out through a normative-juridical method, utilizing the statute approach in which relevant laws and regulations are enquired into, supported by the existing literatures and academic papers. The paper looks into the weaknesses of the currently prevailing corporate governance regulatory regime, followed by the possible use of technology to develop Indonesia’s corporate governance implmenetation. The study finds that the drawbacks of Indonesian corporate governance legal regime include the needs for stronger and stricter regulation such as in relation to the requirement for affiliation for Board of Directors and Board of Commissioners, as well as minority shareholders protection linked to an equitable decision making process in a General Meetings of Shareholders. Further, technological advancements can be used for the betterment of corporate governance implementation in Indonesia, such as in terms of automation of document filing, submission and reporting in addition to other practical online and digital means which include the eASY.KSEI system as the official online General Meetings of Shareholders platform for public companies that has been tested during the recent COVID-19 pandemic situation.]]>
<![CDATA[Bankruptcy Boedel Execution Practices in Indonesia ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i1.25344
<![CDATA[The ASEAN economic community is one of the pillars of the agreement to form ASEAN. As the integrated economic identity of Southeast Asia, MEA aims to create a single market and production base marked by the free flow of goods, services and investment. A bankruptcy issue crosses national borders arises, when debtors in Indonesia have bankrupt assets abroad. Where the bankruptcy execution process is hampered by existing rules in the country itself, especially in ASEAN, one of the international organizations in the regional level which is one of Indonesia's members, does not yet have regulations that bind its members to the problem of bankruptcy boedel. 1967 UN model law "UNCITRAL cross border insolvency" which aims to be a reference for the resolution of the bankruptcy bankruptcy problem in ASEAN. In my opinion, UNCITRAL is a flexible legal product and can be used as a harmonization of bankruptcy law in ASEAN.]]>
<![CDATA[Consumer Protection of Flight Services through Corporate Social Responsibility Implementation in Indonesia ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i1.24252
<![CDATA[In Indonesia, air transportation is one type of transportation that is needed by the community in meeting their needs. Therefore, the rapid development of airlines makes competition among airline service companies, among others, provide various promotions to attract consumers to attract as many passengers as possible. However, in the implementation of service quality is still neglected by the company, which can be detrimental to consumers (passengers). This research is a normative legal research using a statutory approach and conceptual approach. The results of this study indicate that the airline service companies in protecting consumers must comply with the Consumer Protection Law and can through the implementation of CSR programs. Some CSR implementations by PT. Garuda Indonesia Regarding Consumer Protection is passenger safety, product and service information, customer complaints service, customer sound management (compliment, suggestion, complaint), and service improvement through a representative office.]]>
