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[Towards Green Economy by Strengthening Supervision of Business Activities ]]>
<![CDATA[Huristak Hartawan Hasibuan, Ali]]>;
<![CDATA[Arifin, Zainal]]>;
<![CDATA[Nur Dwi Ulvana, Adella]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47856
<![CDATA[This Paper underscores the fundamental right of individuals to live in a healthy environment, as guaranteed by the 1945 Constitution of Indonesia. Highlights the growing global environmental challenges, including species extinction, climate change, and pollution, specifically focusing on the Indonesian context. Attention to the intricate relationship between economic activities and environmental degradation, advocating for a shift towards environmentally friendly practices. Employs a normative juridical methodology to analyze the existing legal framework related to environmental monitoring in Indonesia. Scrutinizes the state's environmental control responsibilities and emphasizes the need for enhanced environmental supervision. In the results and discussions section, the Paper explores the state's responsibilities in environmental control, underscores the importance of administrative and criminal sanctions in environmental oversight, and advocates for stringent penalties to discourage non-compliance. The study's findings aim to contribute to the ongoing discourse on environmental protection and sustainable development, emphasizing the urgency of proactive measures to address environmental challenges and promote Indonesia's healthier and more sustainable future.]]>
<![CDATA[Covid-19 Pandemic: Force Majeure or Hardship based on the Principle of Good Faith in The Employment Agreement ]]>
<![CDATA[Junaidi, Junaidi]]>;
<![CDATA[Surahmi, Mila]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47898
<![CDATA[A Covid-19 pandemic is an event that occurs beyond the parties' control and the parties' fault. However, applying force majeure and hardship in the event of a failure to fulfill achievements in the work agreement is subjective and cannot be used as a general principle. Its application must be carried out by analyzing case by case because not all entrepreneurs are affected by the Covid-19 pandemic, which then causes entrepreneurs to be unable to fulfill their obligations as debtors in work agreements. The employment relationship between workers and the company must obtain legal protection. The method used in this research is normative juridical. Normative research is where the law is conceptualized as what is written in a statutory regulation (law is books) or the law is conceptualized as a rule or norm that is used as the basis for human behavior as a benchmark for good or bad. The purpose of this study is to obtain a solution to termination of employment due to the Covid-19 pandemic by applying the principle of force majeure or hardship in the employment agreement. Research findings suggest that the principle of hardship has not been regulated in positive law in Indonesia, so business activities in Indonesia in general still depend on the force majeure principle as a clause included in agreements and dispute resolution. Companies that terminate employment relations should be replaced by postponing regular work or renegotiating contracts known as hardship]]>
<![CDATA[Cancellation of Deed of Sale and Purchase of Land Rights Due to Unlawful Actions ]]>
<![CDATA[Ariatami Edwina, Yossica]]>;
<![CDATA[Anggriani, Reni]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.46250
<![CDATA[The deed of sale and purchase agreement (APJB) is a preliminary agreement prior to the transfer of land rights in PPAT which regulates the rights and obligations of the parties and is made based on Article 1320 of the Civil Code concerning the legal terms of the agreement and Article 1338 of the Civil Code concerning the principle of freedom of contract and the principle of good faith by not contrary to law, order and decency, but in certain conditions the sale and purchase binding agreement can be found to have been canceled by one of the parties to the court because of an unlawful act such as a civil case in East Jakarta District Court decision No. 267/Pdt.G/2019/PN Jkt. Tim. This study analyzes the basis for the judge's consideration in canceling the APJB land rights and the legal consequences of canceling the deed. This type of legal research is normative juridical, namely examining the literature on regulations and literature related to the object of the problem. The results of this study are the basis for the judge's consideration in canceling the APJB of land rights, namely the binding sale and purchase agreement between the seller (plaintiff) and the buyer (defendant) without or not based on an extraordinary power of attorney to sell or carry out binding sales and purchases so that the issuance of the deed is legally flawed. The legal consequences arising from the cancellation of the APJB land rights are null and void and do not have the force of law to bind the parties anymore.Keywords: Sale and Purchase Binding Deed, Cancellation, Unlawful Act.]]>
<![CDATA[The Binding Force of The Droit Suite Principle in Land Pledge Regarding The Object of Encumbrance Right ]]>
<![CDATA[Rifai, Achmad]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47899
<![CDATA[The objective of this research is to analyze the legal protection for the holder of the Right of Encumbrance after the encumbered object of the Right of Encumbrance has been tied to the Customary Land Pledge by the grantor of the Right of Encumbrance. The method employed in this research is normative legal research with a statutory approach and within the scope of customary law. The research outcomes can be summarized as follows: the grantor of the Right of Encumbrance (debtor) can transfer the object of the Right of Encumbrance to the holder of the Customary Land Pledge (third party) because there are two provisions in obtaining a loan from guarantee institutions, namely Law Number 4 of 1996 concerning Encumbrance Rights over Land and Related Objects and Government Regulation in Lieu of Law Number 56 of 1960 concerning the Determination of Agricultural Land Area. Therefore, the principle of droit de suite, or as a property right, provides legal protection for the holder of the Right of Encumbrance (creditor) regarding the transfer of collateral objects with Customary Land Pledge, which is of a personal nature, resulting in the non-binding of debt repayment on the pledged collateral object that was previously encumbered with the Right of Encumbrance.]]>
<![CDATA[System of Proof Against First to Use of Trademarks in Lawsuit for Cancelation of Trademark Registration by Bad Faithz ]]>
<![CDATA[Triyana, Usi]]>;
<![CDATA[Ramadhan Baried, Rizky]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47819
<![CDATA[This trademark dispute originated with the plaintiff who claimed to be the owner and origin user of the Tempo Gelato brand but did not register himself as the owner. On the other hand, the defendant, who was originally a business partner of the plaintiff, registered herself as the owner of the Tempo Gelato brand, while business was running by them. This dispute was examined by commercial court up to the cassation level with the object of examination being allegations of bad faith by the defendant in registering the Tempo Gelato brand. The formulation of the problem is: 1. What is the proof with the first-to-use argument in canceling the registration of mark with bad faith? How is the review of the procedural law against the decision that granted the counterclaim, while rejecting the lawsuit? This research is a normative one, by analyzing secondary data sources through qualitative analysis. The result is because the court did not find clear evidence regarding the gelato business cooperation agreement, it could not be proven that there was first to use by plaintiff, on the other hand because private procedural law seeks formal evidence, the defendant is considered the owner of the brand base on the fits to file principle. Secondly, the procedural law allows if the lawsuit is not declared unacceptable, then if it is rejected and vice versa, the counterclaim is accepted, it is legal consequence of the existence of a counterclaim which can be proven to have a causal relationship.]]>
<![CDATA[Bankruptcy Implementation in Savings and Credit Cooperatives as Instruments for Transformation and Microfinancial Institution Strengthening ]]>
<![CDATA[Sugeng, Sugeng]]>;
<![CDATA[Fitriana, Diana]]>;
<![CDATA[Romasindah Aidy, Widya]]>;
<![CDATA[Ryul Park, Kyung]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47777
<![CDATA[This article examines the important role of bankruptcy implementation in savings and credit cooperatives as instruments for the transformation and strengthening of microfinancial institutions. The sustainability and development of microfinancial institutions have significant implications for financial access for low-income communities. However, financial risks and operational challenges often hinder the optimal performance of savings and credit cooperatives. In this context, this article highlights the strategic value of bankruptcy concept implementation as a means of transformation and empowerment for microfinancial institutions. The concept of bankruptcy implementation in the context of savings and credit cooperatives demonstrates how concrete steps can be taken to carry out the bankruptcy process. Legal aspects, debt restructuring processes, and asset protection become important focal points in addressing financial challenges. The article also addresses potential challenges that may arise in bankruptcy implementation, such as costs, complexity, and reduced trust from relevant parties. However, through comprehensive analysis, this article identifies mitigation steps that can be taken to overcome these constraints. Referring to real case examples and empirical evidence, this article demonstrates how bankruptcy implementation in savings and credit cooperatives has become an effective instrument in facing financial crises and redirecting institutions toward sustainable growth. Practical implications and the potential expansion of bankruptcy concept utilization in microfinancial institutions are also discussed. In conclusion, bankruptcy implementation in savings and credit cooperatives is not only a response to financial challenges but also a powerful transformation tool for the empowerment of microfinancial institutions. ]]>
<![CDATA[The Use of Foreign Workers in the Era of Ease of Doing Business in Indonesia ]]>
<![CDATA[Detalim, Mikha]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.44332
<![CDATA[Investment in developing countries is a crucial aspect. One of the factors considered by investors when making investments is the ease of doing business. With the simplification of regulations on the use of foreign workers in Indonesia, it is hoped that it will provide ease of doing business and attract investors to invest in Indonesia. This article aims to examine the regulations on the use of foreign workers in Indonesia after the issuance of Minister of Manpower Regulation No. 8 of 2021 regarding the Use of Foreign Workers and analyze these provisions as an effort to facilitate business activities in the process of national economic development. This article uses a normative juridical research method with a statutory approach and a conceptual approach. The data used in this article are secondary data collected through documentation and literature study (library research) techniques. The article is divided into three parts. The first part discusses the history and overview of the use of foreign workers in Indonesia. The second part reviews the regulations on the use of foreign workers in Indonesia. In the final part, there is an analysis of the simplification of regulations on the use of foreign workers in Indonesia as an effort to transform society and accelerate national economic development. ]]>
<![CDATA[Juridical Analysis of The Application of Local Currency Settlement Between Indonesia and China in Business Transactions ]]>
<![CDATA[Putra, Tegar Islami]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47878
<![CDATA[This article investigates the application of Local Currency Settlement (LCS) in transactions between Indonesian and Chinese businesses. The LCS framework is a settlement of bilateral trade transactions conducted by companies in Indonesia and partner countries using each country's currency. This research uses a normative legal research method that involves an in-depth review of the laws and regulations governing LCS and analyzing bilateral trade agreements between Indonesia and China. This method is used to interpret rules and regulations and bilateral trade agreements. In Indonesia, only banks that have met the criteria stipulated in Bank Indonesia Regulation No. 22/12/PBI/2020 can execute transactions using the LCS Framework. China also does the same to determine banks that can complete transactions using the LCS Framework. The advantages of the LCS Framework in the perspective of trade between countries can be seen in terms of mechanism, community productivity, and data security. Meanwhile, the LCS Framework's shortcomings can be seen from the perspective of the stability of each country, which can affect transactions.]]>
<![CDATA[Third-Party Responsibility Against Cooperative Legal Action ]]>
<![CDATA[Hariyanto, Hariyanto]]>;
<![CDATA[Fadlan Sejati, Herlambang]]>;
<![CDATA[Iyer, Puneet]]>
<![CDATA[ Journal of Private and Commercial Law Vol 7, No 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v7i2.47806
<![CDATA[This research is a theoretical study of the third-party responsibility concept against cooperative legal actions based on Law Number 25 of 1992. This is normative legal research. Data analysis obtained from library research was carried out in a qualitative way. The data obtained were grouped systematically and then linked to the formulation of the existing problems based on their accuracy value in order to get a clear picture of the discussion. Results showed that the positive law regarding cooperatives gave the board of directors the right to appoint a manager who came from a third party outside the cooperative. The board of directors and managers are bound by employment agreements. The board of directors remains fully responsible for legal actions committed by managers in cooperative management.]]>
