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
Articles
134 Documents
<![CDATA[Corruption Prevention Model Based on Mobile Banking ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 3, No 2 (2019): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v3i2.18711
<![CDATA[The advancement of internet technology and the rapid sales of smartphones in Indonesia become the third highest in the Pacific after China and India also have an impact on increasing mobile banking usage by 80% of bank customers in Indonesia. Kenya which is a poor and corrupt country in the world has made changes to the banking system, namely using an electronic platform called M-Pesa. M Pesa provides mobile-based payment and transfer services that can reduce corruption in the public sector. In Africa, Mobile phone signals and reach determine the success of corruption prevention using mobile banking. This study aims to obtain a corruption prevention model using mobile banking. This research is descriptive qualitative. The approach of this research is sociolegal study which is a study of law by using a legal science approach and social sciences. Data collection techniques using virtually research and library research The validity technique of the data used is data triangulation. Data analysis techniques in using technical qualitative analysis interactive models. The conclusion of this study is that the government must be able to take advantage of technological advances to combat corruption even though technology cannot replace a valid and evidence-based anti-corruption strategy, but technology can be used to help reduce corruption through mobile banking transactions.]]>
<![CDATA[Utilization Of Social Media As A Strategy For Business Actors In Dealing With The Covid-19 Pandemic ]]>
<![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[Legal Protection of the Right to Indication of Origin in Indonesia ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 2, No 2 (2018): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v2i2.16875
<![CDATA[The purpose of this study is to analyze the form of legal protection rights for indications of origin in Indonesia based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications (Trademark and GI Law). Legal protection rights for indications of origin are inseparable from consideration of the economic value inherent in a property. Indications of origin are different from geographical indications, indications of origin are signs that indicate the origin of goods or services that are not identical to natural (geographical) factors. This research is a normative juridical using primary legal materials and secondary legal materials, as well as using prescriptive analysis methods.The results of the study show that legal protection can be provided in the form of preventive and repressive legal protection, however, the legal protection regulation of rights for indications of origin in Indonesia are still relatively very low. Protection of rights for indications of the origin arises with a declarative system that cannot be separated from the rights to the trademark. The right to the trademark is a prerequisite for being able to declare the right to an indication of origin. The period of protection of rights for indications of the following ten years of protection of trademark and can be extended again. Transfer of rights to indications of origin is impossible to do because it is attached to the rights to the trademark and is different from the non-transferability as a geographical indication. Violation of rights for indications of origin can be in the form of use of indications of origin by non-registered users of trademark has been registered with indication of origin. The firmness of the government to provide legal protection in the form of statutory rights for indications of origin is an absolute necessity. The government must be present to provide a regulation as a consequence of the legal state, which means that in carrying out all tasks and activities, it must be based on applicable law.]]>
<![CDATA[The Identification of Green Banking Concept and Bank Liability (A Study of Act Number 10 of 1998 with Extensive Interpretation and Progressive Legal Approach) ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 2, No 1 (2018): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v2i1.13930
<![CDATA[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.]]>
<![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 ]]>
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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[Protection of Industrial Design Law in the Enhancement of Economic Development in Indonesia ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 3, No 2 (2019): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v3i2.19774
<![CDATA[Legal protection of Industrial Design in Indonesia through Law Number 31 of 2000, the government's determination to protect the right holders of Industrial Design from various forms of violations such as plagiarism, piracy or imitation. The more comprehensive safeguards are expected to be a driving factor to increase the creativity of designers. This research is legal research in a normative juridical study with the consideration that the starting point of the research analysis of legislation is the rules regarding intellectual property rights. Industrial Design Arrangements within the framework of the Law on Intellectual Property Rights are inseparable from Indonesia's participation in international agreements in the field of trade, by participating in the WTO agreement, Indonesia has ratified the WTO with Law Number 7 of 1994. Indonesia must impose TRIPs as provisions governing Rights Intellectual Property. The existence of industrial design laws provides protection to designers to prevent and resolve disputes in the field of Industrial Design to the right holders of Industrial Design to make designers to be more creative and productive in creating and producing. The legal arrangement of Industrial Design which is most important in filing rights is related to the element of novelty in the creation of works of Industrial Design. The Copyright Approach in Industrial Design is when an Industrial Design is registered, it will immediately get protection. Where the priority is the originality of a Design. The Patent approach used is in terms of new requirements and substantive examination. Keywords: Industrial Design, Legal Protection, Indonesia ]]>
<![CDATA[Problems in the Status of Object Ownership of Ijarah Muntahiyah Bittamlik Financing Contract in Sharia Banking Law ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 3, No 1 (2019): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v3i1.18766
<![CDATA[The crisis of faith and economic crisis accompanied by an increase in economic needs encourages one to find the right way, as well as the efforts made by producers and industry in marketing products without seeing the halal and haram provisions of a product. These reasons cause a variety of mu'amalah through financing agreements began to emerge, such as lease agreements known to the public with the term leasing introduced by Islamic financial institutions under the name Ijarah Muntahiyah Bittamlik, so this study aims determine the ownership status of the object of the Ijarah Muntahiyah Bittamlik financing contract. The author believes that the ownership status of the contract object on the financing of Ijarah Muntahiyah Bittamlik raises legal issues because of the unification of the contract between the lease and the sale and purchase which depends on the repayment of all the value of the goods.]]>
<![CDATA[Illegal Pawn Practices Amid the Covid-19 Pandemic To Survive ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i1.30028
<![CDATA[This article aims to explain illegal pawning in the midst of the Covid-19 pandemic in Indonesia, this pandemic has caused losses to the economic sector and almost all sectors are affected by activity restrictions which increasingly make people unable to run their businesses so that some have to lose their jobs and cannot support them. their family. This August report from the Central Statistics Agency (BPS) stated that Indonesia's economic growth in the second quarter of 2020 was minus 5.32 percent. With this difficult situation some people choose to pawn their goods or assets to illegal plaintiffs, people who are easily affected because of the easy and fast process tend to prefer private pawns that do not have this permit compared to official pawns that have been registered with the OJK. Keywords : Pawn; Law; Loan;]]>
<![CDATA[THE STATE POSITION AS A PREFERENT CREDITOR OF THE TAX DEBT IN BANKRUPTCY ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 2, No 1 (2018): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v2i1.14514
<![CDATA[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.]]>
<![CDATA[ANALISIS PUTUSAN PAILIT NOMOR: 02/PAILIT/2009/PN.NIAGA.SMG TERHADAP UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 1, No 1 (2017): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v1i1.12355
<![CDATA[Perseroan Terbatas memiliki hak melakukan perbuatan hukum didalam pengadilan. Salah satunya adalah mengajuakn permohonan pailit terhadap dirinya sendiri kepada Pengadilan Niaga untuk masalah insolvensi dan kesulitan kondisi keuangan. Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang memberikan solusi. Terbukti dengan adanya putusan pailit nomor : 02/Pailit/2009/PN.Niaga.Smg. Peneliti membahas mengenai dasar permohonan pailit yang diajukan oleh Pemohon pailit dan pertimbangan yang diberikan oleh majelis hakim dalam memeriksa dan memutus perkara pailit nomor : 02/Pailit/2009/PN.Niaga.Smg. Peneliti menggunakan metode penelitian kualitatif dengan metode yuridis normatif dan metode pendekatan analitis (analytical approach). Teknik pengumpulan data yang digunakan, yaitu studi dokumen dan wawancara. Sumber data yang digunakan adalah data primer dan data sekunder. Keabsahan data yang dipergunakan dalam penelitian ini menggunakan triangulasi data yang memanfaatkan penggunaan sumber. Hakim yang memeriksa dan mengadili perkara pailit nomor : 02/Pailit/2009/PN.Niaga.Smg menerima dan mengabulkan permohonan Pemohon Pailit berdasarkan Pasal 2 Ayat (1) dan Pasal 8 Ayat (4) Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang. Namun, Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang tidak memperinci masalah syarat perimbangan anatar aktiva dan pasiva, keadaan insolvensi dan kesulitan kondisi keuangan yang membuat dapat dimintakan permohonan pailit, serta tidak memperinci alasan dan mekanisme permohonan pailit terhadap dirinya sendiri, permohonan pailit oleh Kreditor, dan permohonan oleh Pihak ke tiga.]]>
