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[Humanis And Responsible Childer Caring Model For Community in Ngijo Vilage, Gunungpati, Sub-District ]]>
<![CDATA[Fidiyani, Rini]]>;
<![CDATA[Ningsih, Ayup Suran]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i2.26977
<![CDATA[According to the report "Global Report 2017: Ending Violence in Childhood", 73.7 percent of Indonesian children aged 1 - 14 years experience physical violence and psychological aggression at home as an effort to discipline (violent discipline). Adhered to and used by parents is a contributor to psychological aggression at home and the ease of becoming victims of violence. The aim of this research is first; explore and map childcare models found in the lives of the residents of Ngijo Village, Gunungpati District; Second; evaluating and presenting a humane and responsible childcare model for the community members of the Ngijo Village, Gunungpati District. The research method used is a qualitative approach and doctrinal legal research to evaluate statutory regulations and non-doctrinal legal research. The results of the study are expected to find childcare models found at the site, in the form of authoritarian, authoritative, permissive and uninvolded models. Next, analyze from the findings of childcare models and offer childcare models according to the needs of the locations.]]>
<![CDATA[Legal Responsibilities of Foreign Investors in Establishing Unicorn Start-Up Companies in Indonesia ]]>
<![CDATA[rihardi, satrio ageng]]>;
<![CDATA[bhakti, indira swasti gama]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i2.27097
<![CDATA[The flow of globalization is increasing very rapidly and the development of the digital world. Indonesia is one of the countries with the highest e-commerce growth which continues to grow every year, in 2013 internet users were recorded at 72.8 million and in 2016 it became 102.8 million, in 2019 there were 130 million people. PT.PMA needs strict supervision of the financial system including how to collect taxes, considering that the capital invested is not small. A legal system capable of creating certainty, justice, and efficiency as an effort to develop market mechanisms in the era of economic globalization. Without special rules regarding the supervision of foreign investors, of course it will make it difficult for the government to collect taxes and move the financial management system. The aim is to see the responsibilities of foreign investors in managing the financial system in unicorn start-up companies established in Indonesia that are associated with taxation. The research method was carried out normative-empirical which was presented in a qualitative descriptive. Some company investors in start-up companies come as a whole from domestic investors and some even use foreign investors to intervene. Article 5 paragraph (2) of the Company Law states that foreign investment in Indonesia must be in the form of a Limited Liability Company (PT) based on Indonesian law and the government in this case is not allowed to grant “special rights†to treatment of a country. Start-up companies, both foreign and domestic, must pay taxes in accordance with the provisions imposed in Indonesia. With the implementation of this tax, it has resulted in an increase in state profits. Apart from affirming the obligation of investors to pay taxes, the principles of sound corporate governance are embodied, respecting the cultural traditions of the community, and implementing corporate social responsibility]]>
<![CDATA[Responsibilities of Complementary Allies in The Commanditaire Vennootschap (CV) Business Enity ENTITY ]]>
<![CDATA[Ardiansyah, Erlan]]>;
<![CDATA[Rachman, Rahmia]]>;
<![CDATA[Rahayu, Sang Ayu Putu]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i2.26400
<![CDATA[The focus of this research is the Responsibility of Complementary Allies in the Commanditaire Vennootschap (CV) Business Entity. This study aims to determine the responsibilities of complementary allies if the Commanditaire Vennootschap (CV) goes bankrupt, and to find out the responsibilities of complementary allies in the agreement made if the Commanditaire Vennootschap (CV) fails. This study uses a normative juridical research method using a statutory approach and a conceptual approach using primary and secondary legal materials related to the research focus, then it is analyzed qualitatively descriptively. The result of this research is that if the CV is declared bankrupt, all of CV's assets are collateral for the settlement of CV's debt. Personal assets of complementary partners can be accounted for to pay off all debts of the CV. If the CV is in default, the one who must be responsible is complementary allies. This responsibility is in the form of compensation to creditors as a consequence of default by CV to private assets of limited partnership because the CV is not a legal entity that has separate characteristics of its assets from its management.]]>
<![CDATA[Optimizing The Performance of The Sharia Supervisory Council in Sharia Financial InstitutionsONS ]]>
<![CDATA[Fitriana Naridha, Alifah Nur]]>;
<![CDATA[Setyowati, Ro’fah]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i2.26663
<![CDATA[The sharia supervisory board has a fundamental contribution to the compliance of sharia bank compliance. In the progress of Islamic Financial Institutions, there are still often violations committed by individual Islamic bank managers themselves. As happened in the case of the Bogor branch of the Syariah Bank Mandiri (BSM) in 2013 caught the case of a fictitious credit of Rp102 billion, which was carried out by unscrupulous BSM. The supervisory function's scope, mechanism, and the work of the Sharia Supervisory Board issues need to be discussed. By using a qualitative normative approach. This study produced an understanding that the Sharia supervisory board must ensure that Islamic banks are in line with sharia principles as reflected in the fatwa, rules, and guidelines issued by the sharia supervisory board. For the achievement of Sharia Financial Institutions that are by existing Islamic regulations, special attention needs to be paid by the Sharia Supervisory Board and the government.]]>
<![CDATA[Perspectives of Business Personnel on Force Majeure as A Reason For Cutting Work Relationship in The Pandemic Time Covid -19 ]]>
<![CDATA[Dordia Arinanda, Zsazsa]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i2.26674
<![CDATA[The COVID-19 Pandemic outbreak that was experienced in almost all countries in the world, including Indonesia, added challenges as well as new anxiety for businesses and workers. The spread of COVID-19 in Indonesia increasingly adds to the difficulty of the national industrial sector. The COVID-19 pandemic can be categorized as a Force Majeure. It is a condition outside the wishes of the parties and cannot be predicted in advance, so the obligations specified in the contract cannot be fulfilled. Force Majeure can be used as a reason for companies to terminate their employees (PHK), as stipulated in "Article 164 paragraph (1) of Law No. 13 of 2003 concerning Labor", but companies must make every effort to protect the workers jointly. The practice that is happening right now is that many companies do layoffs without any protection for workers. The issue of how layoffs were under COVID-19 on the grounds of Force Majeure will be discussed in this study. The normative juridical method and the approach to legislation about labor were used in this research. The writer used secondary data such as primary legal materials, namely law, and literature related to research issues as secondary legal materials, collected through library studies, and analyzed descriptively analytically. The study result shows that layoffs on the grounds of Force Majeure due to the COVID-19 pandemic may be carried out by the company, but must still pay attention to workers' rights.]]>
<![CDATA[Responsibilities of Complementary Allies in The Commanditaire Vennootschap (CV) Business Enity ENTITY ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
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DOI: 10.15294/jpcl.v4i2.26400
<![CDATA[The focus of this research is the Responsibility of Complementary Allies in the Commanditaire Vennootschap (CV) Business Entity. This study aims to determine the responsibilities of complementary allies if the Commanditaire Vennootschap (CV) goes bankrupt, and to find out the responsibilities of complementary allies in the agreement made if the Commanditaire Vennootschap (CV) fails. This study uses a normative juridical research method using a statutory approach and a conceptual approach using primary and secondary legal materials related to the research focus, then it is analyzed qualitatively descriptively. The result of this research is that if the CV is declared bankrupt, all of CV's assets are collateral for the settlement of CV's debt. Personal assets of complementary partners can be accounted for to pay off all debts of the CV. If the CV is in default, the one who must be responsible is complementary allies. This responsibility is in the form of compensation to creditors as a consequence of default by CV to private assets of limited partnership because the CV is not a legal entity that has separate characteristics of its assets from its management.]]>
<![CDATA[Optimizing The Performance of The Sharia Supervisory Council in Sharia Financial InstitutionsONS ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
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DOI: 10.15294/jpcl.v4i2.26663
<![CDATA[The sharia supervisory board has a fundamental contribution to the compliance of sharia bank compliance. In the progress of Islamic Financial Institutions, there are still often violations committed by individual Islamic bank managers themselves. As happened in the case of the Bogor branch of the Syariah Bank Mandiri (BSM) in 2013 caught the case of a fictitious credit of Rp102 billion, which was carried out by unscrupulous BSM. The supervisory function's scope, mechanism, and the work of the Sharia Supervisory Board issues need to be discussed. By using a qualitative normative approach. This study produced an understanding that the Sharia supervisory board must ensure that Islamic banks are in line with sharia principles as reflected in the fatwa, rules, and guidelines issued by the sharia supervisory board. For the achievement of Sharia Financial Institutions that are by existing Islamic regulations, special attention needs to be paid by the Sharia Supervisory Board and the government.]]>
<![CDATA[Perspectives of Business Personnel on Force Majeure as A Reason For Cutting Work Relationship in The Pandemic Time Covid -19 ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i2.26674
<![CDATA[The COVID-19 Pandemic outbreak that was experienced in almost all countries in the world, including Indonesia, added challenges as well as new anxiety for businesses and workers. The spread of COVID-19 in Indonesia increasingly adds to the difficulty of the national industrial sector. The COVID-19 pandemic can be categorized as a Force Majeure. It is a condition outside the wishes of the parties and cannot be predicted in advance, so the obligations specified in the contract cannot be fulfilled. Force Majeure can be used as a reason for companies to terminate their employees (PHK), as stipulated in "Article 164 paragraph (1) of Law No. 13 of 2003 concerning Labor", but companies must make every effort to protect the workers jointly. The practice that is happening right now is that many companies do layoffs without any protection for workers. The issue of how layoffs were under COVID-19 on the grounds of Force Majeure will be discussed in this study. The normative juridical method and the approach to legislation about labor were used in this research. The writer used secondary data such as primary legal materials, namely law, and literature related to research issues as secondary legal materials, collected through library studies, and analyzed descriptively analytically. The study result shows that layoffs on the grounds of Force Majeure due to the COVID-19 pandemic may be carried out by the company, but must still pay attention to workers' rights.]]>
<![CDATA[Humanis And Responsible Childer Caring Model For Community in Ngijo Vilage, Gunungpati, Sub-District ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.15294/jpcl.v4i2.26977
<![CDATA[According to the report "Global Report 2017: Ending Violence in Childhood", 73.7 percent of Indonesian children aged 1 - 14 years experience physical violence and psychological aggression at home as an effort to discipline (violent discipline). Adhered to and used by parents is a contributor to psychological aggression at home and the ease of becoming victims of violence. The aim of this research is first; explore and map childcare models found in the lives of the residents of Ngijo Village, Gunungpati District; Second; evaluating and presenting a humane and responsible childcare model for the community members of the Ngijo Village, Gunungpati District. The research method used is a qualitative approach and doctrinal legal research to evaluate statutory regulations and non-doctrinal legal research. The results of the study are expected to find childcare models found at the site, in the form of authoritarian, authoritative, permissive and uninvolded models. Next, analyze from the findings of childcare models and offer childcare models according to the needs of the locations.]]>
<![CDATA[Legal Responsibilities of Foreign Investors in Establishing Unicorn Start-Up Companies in Indonesia ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v4i2.27097
<![CDATA[The flow of globalization is increasing very rapidly and the development of the digital world. Indonesia is one of the countries with the highest e-commerce growth which continues to grow every year, in 2013 internet users were recorded at 72.8 million and in 2016 it became 102.8 million, in 2019 there were 130 million people. PT.PMA needs strict supervision of the financial system including how to collect taxes, considering that the capital invested is not small. A legal system capable of creating certainty, justice, and efficiency as an effort to develop market mechanisms in the era of economic globalization. Without special rules regarding the supervision of foreign investors, of course it will make it difficult for the government to collect taxes and move the financial management system. The aim is to see the responsibilities of foreign investors in managing the financial system in unicorn start-up companies established in Indonesia that are associated with taxation. The research method was carried out normative-empirical which was presented in a qualitative descriptive. Some company investors in start-up companies come as a whole from domestic investors and some even use foreign investors to intervene. Article 5 paragraph (2) of the Company Law states that foreign investment in Indonesia must be in the form of a Limited Liability Company (PT) based on Indonesian law and the government in this case is not allowed to grant “special rights†to treatment of a country. Start-up companies, both foreign and domestic, must pay taxes in accordance with the provisions imposed in Indonesia. With the implementation of this tax, it has resulted in an increase in state profits. Apart from affirming the obligation of investors to pay taxes, the principles of sound corporate governance are embodied, respecting the cultural traditions of the community, and implementing corporate social responsibility]]>
