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[Law Enforcement In The Field Of Music In The Spotify Application Program ]]>
<![CDATA[Rahmanda, Bagus]]>;
<![CDATA[Adhi, Yuli Prasetyo]]>;
<![CDATA[Benuf, Kornelius]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i2.31702
<![CDATA[Music and songs are one of the areas of Intellectual Property Rights which are protected in Article 58 letter (d) of UU Number 28 of 2014 about Copyright, namely Copyright Protection for Song or music creations with or without text. In this digital era, there are many ways for us to get the music we want through various platforms on the internet such as Youtube, Joox, Spotify, and others. Because the means to get music are getting easier now, there are more and more copyright violations against music, ranging from piracy to plagiarism. This study aims to discuss how the Copyright law regulates copyright protection in the field of music on the internet and also how the Spotify music service platform protects copyright. The research method used is a normative research method; the data analyzed is secondary legal data consisting of primary legal materials, namely Copyright Law and Secondary Law materials, namely literature related to research problems. Based on the results of the study, it is known that Spotify as one of the world's famous song streaming applications has the exclusive right as a copyright licensee to exercise exclusive rights as regulated in Article 9 of the Copyright Law. Spotify as a streaming service provider must of course have a license for the music or songs provided in the application through a license agreement with the licensor.]]>
<![CDATA[Implementation Of Legal Protection On Royalty Management Of Government Regulation Number 56 Of 2021 ]]>
<![CDATA[Hediati, Febri Noor]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i2.31796
<![CDATA[Abstracts This article examines Government Regulation Number 56 of 2021 concerning the management of royalties on song/music copyrights. This writing uses a normative juridical approach. This normative juridical approach is employed based on the statutes of black letter law and the conceptual method. The result of the study found that royalty management is carried out by LMKN depend on integrated data in the data/song center. Every public at large can enjoy songs/music commercially to public services by applying for a license agreement to the copyright holder or related rights through LMKN intermediaries.The Directorate General of Intellectual Property Rights is obliged to disseminate this regulation and build a data center to control the database of the song/music and ownership of copyright. Therefore, it requires cooperation between the Directorate General of Intellectual Property Rights, LMKN, creators/owners of related rights, and the general public who enjoy commercial songs/music. After the socialization, a strict penalty will be imposed on those who violate or deny paying the stipulated royalty in Government Regulation Number 56 of 2021. Keywords: Copyright;Legal Protection; Royalty Management; Music/Song]]>
<![CDATA[Comparative Study Of Alternative Settlements In Indonesia And Timor Leste ]]>
<![CDATA[Ar Raidah, Salsabila Fakhriyyah]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i2.30339
<![CDATA[Alternative Dispute Resolution (ADR) is a procedure in community practice which then gets recognition in the eyes of the law to settle a case between two or more parties by way out of court in a formal manner (litigation). ADR is considered to have more advantages, including easy, cheap, and fast, so it is more efficient and effective than solving cases in court. This paper aims to examine the existence of ADR in legal practice in Indonesia with a comparative review of the state of Timor Leste. The results of this paper reveal that compared to Timor Leste which is still new, Indonesia has first implemented ADR practices within a formal legal framework. Timor Leste actually also uses the ADR scheme in its daily community practice, but its implementation takes into account the elements of custom and society rather than the legal norms.]]>
<![CDATA[Utilization Of Social Media As A Strategy For Business Actors In Dealing With The Covid-19 Pandemic ]]>
<![CDATA[Pujiono, Pujiono -]]>;
<![CDATA[Sulistianingsih, Dewi -]]>;
<![CDATA[Fidiyani, Rini -]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i2.31996
<![CDATA[Micro-enterprises, which run their businesses around campus, have been greatly affected by the COVID-19 pandemic. The decrease in income from micro business actors occurs because they are still using the traditional marketing model, namely marketing from one person to another. This condition requires changes from business actors, to change their business marketing model. Changes in business marketing models, it has become a must to take advantage of social media. Marketing activities using social media turned out to have a positive impact on increasing omzet sales for micro business actors around campus. Micro-enterprises can carry out their business continuity and maintain their business. Social media has become one of the means to change the behavior of business actors in facing the challenges of technological progress. Social media is also a solution to face government policies by implementing social distancing. The purpose of this article is to describe the problems faced by micro-enterprises around campus in Semarang City, Central Java Province, which are experiencing the impact of the COVID-19 pandemic and provide solutions for using social media in marketing their products.]]>
<![CDATA[Consumer Protection Law: The Case Study Of Grabtoko Company In Indonesian E-Commerce Transactions ]]>
<![CDATA[Tjipto, Felix Pratama]]>;
<![CDATA[Ong, Jason Pratama]]>;
<![CDATA[Sulistio, Marshal Ramadhan]]>;
<![CDATA[Harnowo, Tri]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i2.32161
<![CDATA[ABSTRACTTechnology innovation is steadily increasing its capacity in helping human activities, one of which is through digital transactions. The increased use of technology, however, could potentially create legal loopholes which may violate consumer’s rights in online transactions like the recently happened GrabToko case. This journal shall discuss and provide normative approach analysis in Indonesian customer protection law, with the reference of previous articles, seeing the increasing usage of digital transactions. This journal aims to provide an explanationregarding the advantages and the disadvantages of existing regulations and what needs to be improved related to frauds in the case of GrabToko. Furthermore, it will also be discussed about the legal responsibility of the consumer dispute settlement organizations. The results of this paper shows that there are still needs of improvements since the system has its own advantages and disadvantages, especially regarding fraud and administration systems that need to be updated in corresponding law and the development in the aspect consumer protection law.Keywords: consumer protection law; consumer; rights; transaction; regulation; consumer dispute settlementINTISARIInovasi teknologi terus meningkatkan kemampuannya dalam membantu aktivitas manusia, salah satunya melalui transaksi digital. Namun, peningkatan penggunaan teknologi berpotensi menciptakan celah hukum yang berpotensi melanggar hak konsumen dalam bertransaksi online seperti kasus GrabToko yang baru-baru ini terjadi. Jurnal ini akan membahas dan memberikan analisis pendekatan normatif dalam hukum perlindungan nasabah Indonesia, dengan mengacu pada artikel sebelumnya, melihat penggunaan transaksi digital yang semakin meningkat. Jurnal ini bertujuan untuk memberikan penjelasan mengenai kelebihan dan kekurangan regulasi yang ada serta apa saja yang perlu ditingkatkan terkait fraud pada kasus GrabToko. Selanjutnya juga akan dibahas tentang tanggung jawab hukum dari organisasi penyelesaian sengketa konsumen. Hasil dari makalah ini menunjukkan bahwa masih terdapat kebutuhan perbaikan karena sistem tersebut memiliki kelebihan dan kekurangan, terutama terkait dengan sistem penipuan dan administrasi yang perlu diperbarui sesuai peraturan perundang-undangan dan perkembangan dalam aspek hukum perlindungan konsumen.Kata Kunci: hukum perlindungan konsumen; konsumen; hak; transaksi; regulasi; penyelesaian sengketa konsumen.]]>
<![CDATA[Legal Uncertainty Regarding Abuse of Authority That is Harming State Finance in Indonesia ]]>
<![CDATA[Sukmaningtyas, Judith]]>;
<![CDATA[Sa’adah, Nabitatus]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i2.32777
<![CDATA[This study aims to discuss issues regarding the legal certainty of criminal acts of abuse of authority and problems regarding the return of state financial losses in handling corruption cases in Indonesia. To examine these problems, a normative juridical research method was used using secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that the handling of cases of Corruption Crimes cannot be separated from the influences of the bureaucracy and political factors, both from the legal provisions that govern it and from unscrupulous government officials with strategic positions in the Government who are perpetrators of abuse of authority that is detrimental to finances. country. However, there is a discrepancy in the regulation regarding abuse of authority in the Law on government administration and the Law on criminal acts of corruption in Indonesia, especially in terms of recovering state financial losses.]]>
<![CDATA[Legal Uncertainty Regarding Abuse of Authority That is Harming State Finance in Indonesia ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): 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.v5i2.32777
<![CDATA[This study aims to discuss issues regarding the legal certainty of criminal acts of abuse of authority and problems regarding the return of state financial losses in handling corruption cases in Indonesia. To examine these problems, a normative juridical research method was used using secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that the handling of cases of Corruption Crimes cannot be separated from the influences of the bureaucracy and political factors, both from the legal provisions that govern it and from unscrupulous government officials with strategic positions in the Government who are perpetrators of abuse of authority that is detrimental to finances. country. However, there is a discrepancy in the regulation regarding abuse of authority in the Law on government administration and the Law on criminal acts of corruption in Indonesia, especially in terms of recovering state financial losses.]]>
<![CDATA[Law Enforcement In The Field Of Music In The Spotify Application Program ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v5i2.31702
<![CDATA[Music and songs are one of the areas of Intellectual Property Rights which are protected in Article 58 letter (d) of UU Number 28 of 2014 about Copyright, namely Copyright Protection for Song or music creations with or without text. In this digital era, there are many ways for us to get the music we want through various platforms on the internet such as Youtube, Joox, Spotify, and others. Because the means to get music are getting easier now, there are more and more copyright violations against music, ranging from piracy to plagiarism. This study aims to discuss how the Copyright law regulates copyright protection in the field of music on the internet and also how the Spotify music service platform protects copyright. The research method used is a normative research method; the data analyzed is secondary legal data consisting of primary legal materials, namely Copyright Law and Secondary Law materials, namely literature related to research problems. Based on the results of the study, it is known that Spotify as one of the world's famous song streaming applications has the exclusive right as a copyright licensee to exercise exclusive rights as regulated in Article 9 of the Copyright Law. Spotify as a streaming service provider must of course have a license for the music or songs provided in the application through a license agreement with the licensor.]]>
<![CDATA[Implementation Of Legal Protection On Royalty Management Of Government Regulation Number 56 Of 2021 ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v5i2.31796
<![CDATA[Abstracts This article examines Government Regulation Number 56 of 2021 concerning the management of royalties on song/music copyrights. This writing uses a normative juridical approach. This normative juridical approach is employed based on the statutes of black letter law and the conceptual method. The result of the study found that royalty management is carried out by LMKN depend on integrated data in the data/song center. Every public at large can enjoy songs/music commercially to public services by applying for a license agreement to the copyright holder or related rights through LMKN intermediaries.The Directorate General of Intellectual Property Rights is obliged to disseminate this regulation and build a data center to control the database of the song/music and ownership of copyright. Therefore, it requires cooperation between the Directorate General of Intellectual Property Rights, LMKN, creators/owners of related rights, and the general public who enjoy commercial songs/music. After the socialization, a strict penalty will be imposed on those who violate or deny paying the stipulated royalty in Government Regulation Number 56 of 2021. Keywords: Copyright;Legal Protection; Royalty Management; Music/Song]]>
<![CDATA[Comparative Study Of Alternative Settlements In Indonesia And Timor Leste ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 2 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/jpcl.v5i2.30339
<![CDATA[Alternative Dispute Resolution (ADR) is a procedure in community practice which then gets recognition in the eyes of the law to settle a case between two or more parties by way out of court in a formal manner (litigation). ADR is considered to have more advantages, including easy, cheap, and fast, so it is more efficient and effective than solving cases in court. This paper aims to examine the existence of ADR in legal practice in Indonesia with a comparative review of the state of Timor Leste. The results of this paper reveal that compared to Timor Leste which is still new, Indonesia has first implemented ADR practices within a formal legal framework. Timor Leste actually also uses the ADR scheme in its daily community practice, but its implementation takes into account the elements of custom and society rather than the legal norms.]]>
