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INDONESIA
JOURNAL OF PRIVATE AND COMMERCIAL LAW
Published by Universitas Negeri Semarang
ISSN : 25990314     EISSN : 25990306     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : -
Articles 134 Documents
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Digital Literacy and Development of Santripreneur Asset Quality Through The Leadership Role of Kyai: A Case Study of Islamic Boarding Schools
Journal of Private and Commercial Law Vol 6, No 2 (2022)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v6i2.38837

Abstract

Islamic boarding schools in the current global era need to increase their capacity as Islamic educational institutions that have advanced civilizations. With the emergence of global developments regarding economic conditions in ASEAN countries (within the scope of Southeast Asia), one of which is marked by the presence of the AEC (ASEAN Economic Community), the Indonesian people must improve their soft skills amid the global market competition to be competitive. Islamic boarding schools need to respond to global challenges so that Islamic values do not fade with the incessant development of industrial and economic globalization. This study aims to analyze the implementation of the Law on Information and Electronic Transactions in the use of electronic media in Islamic boarding schools and analyze Kyai’s strategy in empowering santri entrepreneurship and government support in the role of Islamic boarding schools as a catalyst for the community’s economy. This collaborative research for community service is located in Batang Regency. The results show that in facing the disruptive era, Islamic boarding schools in addition to implementing Islamic values in the use of digital media, it is necessary to socialize the Law on Information and Electronic Transactions to santri so that they can provide a borderline in the use of digital media following applicable regulations apply in Indonesia. Islamic boarding schools have the potential for economic empowerment, considering that many Islamic boarding schools have built cooperatives, developed various business units or small and medium-sized industries, and have a cubator business. The government develops entrepreneurship in Islamic boarding schools with the program “One Islamic Boarding School One Product”.
The Notary's Responsibility Regarding Deliberate Dishonesty Actions
Journal of Private and Commercial Law Vol 6, No 2 (2022)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v6i2.38541

Abstract

A notary is a public official who performs his or her position based on the authority given to him or her by the law. A notary declares and states the wishes of all parties in the authentic deed according to his or her legal knowledge. Prior to that, a notary has to make sure the deed does not violate the law, public order, or morality. One of the common problems with notarial deeds is when false statements are found in an authentic deed. The inclusion of false statements above into an authentic deed is a crime that is covered by Article 263 Paragraph (1) juncto Paragraph 264 Paragraph (1) of the Indonesian Criminal Law. This research is normative juridical research with a statutory approach and conceptual approach. The conclusion of this research is most of the false statements found in authentic deeds came from the parties interested in the deed; however, this does not mean a notary cannot be involved. Criminal law seeks material truth, and material truth cannot be assumed that the notary has only reiterated the wishes of the involved parties. The Notary may make two kinds of mistakes, intentionally or negligently. Therefore, it is necessary to distinguish between deliberate dishonesty and malpractice in notaries during their duties. A notary who intentionally submits false information to their deed the measures it called an act of deliberate dishonesty. 
Comparison Of Arbitration Dispute Resolution In Business Between Indonesia And United States Of America
Journal of Private and Commercial Law Vol 6, No 2 (2022)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v6i2.30289

Abstract

AbstractBusiness activities always allow for a dispute between the parties involved. As a result of such disputes the parties always want a quick resolution Delays in resolving trade disputes will result in inefficient economic development, decreased productivity, and otherwise increased production costs. This not only hinders the improvement of health and progress of workers, but also harms consumers. To resolve business disputes, the parties have the freedom to choose what dispute resolution forum to choose. Business disputes that arise may not be left alone, but it is necessary to find an alternative solution appropriately so as not to be prolonged and cause substantial losses. Alternative dispute resolution is not only known in Indonesia but also in other countries, one of which is Indonesia, in this paper the author will discuss about alternative dispute resolution in the field of business between Indonesia and America.  
Omnibus Law And Conflicting Norms And Their Relevance To Business Ease In Indonesia
Journal of Private and Commercial Law Vol 6, No 2 (2022)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v6i2.39616

Abstract

The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.
Protection of Patent Rights in the Genetic Engineering Development to Support the Development of New Capital City of Indonesia
Journal of Private and Commercial Law Vol 6, No 2 (2022)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v6i2.38536

Abstract

This set of laws investigates the best ways to build a science on the foundation of genetic engineering and to offer patent protection for products that have been genetically engineered in the new capital city of Indonesia. Genetic engineering requires knowledge of medicine, including drugs and healing procedures, as well as knowledge related to genetic resources, a separate institution is required to study, research, and develop the inherent potentials in the new capital city. This is because genetic engineering includes technical skills, craftsmanship, agricultural knowledge, ecological knowledge, and knowledge of genetic resources. In order for subsequent inventors to be able to compete and develop new genetic engineering technologies, legal protection is absolutely necessary in today's global competition. The purpose of the government's efforts to provide legal protection for patent rights on genetic products is to provide full support to the general public. This will be accomplished by facilitating public access to legal protection by registering intellectual property rights in the field of patents. In a similar vein, the progression of genetic engineering will be protected by the registration of its patent, and its effects will be able to be felt by the people living in the new capital city as well as the areas that surround it. Keywords: Patent Rights, Genetic Engineering, New Capital City
The Comparison Between Indonesia and The Netherlands Regarding Commercial Dispute Arbitration Christ Sella; Januari Nasya Ayu Taduri
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.30314

Abstract

In the dynamic realm of business, entrepreneurs continually encounter a multitude of risks and challenges that have the potential to lead to disputes among various parties involved. To effectively navigate such situations, businesspeople often prefer to adopt alternative dispute resolution methods, such as arbitration, rather than opting for traditional litigation. This preference is primarily motivated by a desire to protect and maintain the company's valuable reputation and goodwill. In Indonesia, the practice of arbitration dates back to the colonial era and is currently governed by The Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In this paper, the author aims to conduct a comprehensive comparative analysis of arbitration mechanisms in Indonesia and the Netherlands. The main objective is to assess the progress of arbitration in Indonesia in comparison to other countries and explore innovative arbitration mechanisms that can be implemented to further enhance the effectiveness of dispute resolution. To achieve this goal, the research methodology employed for this legal analysis is normative legal research with a comparative approach. By utilizing this approach, the study seeks to gain a deeper understanding of the existing arbitration practices in both Indonesia and the Netherlands, identify strengths and weaknesses, and propose potential areas for improvement. Overall, this study endeavors to shed light on the advancements made in the field of arbitration in Indonesia while drawing insights from international practices. By exploring and adopting novel arbitration mechanisms, the hope is to contribute to the development and refinement of Indonesia's dispute resolution landscape for the benefit of businesses and stakeholders alike.
Drug Patent Monopoly During Covid-19 Outbreaks: How the Government Regulates this? Devica Rully Masrur; Ogah Chinyere Constance
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.44391

Abstract

Health is an inherent human right constitutionally guaranteed, and during the Global Covid-19 Pandemic, the Indonesian government faced a delicate balance between safeguarding public health and complying with its obligations as a member of the WTO under the TRIPS Agreement, which mandates patent protection for medicines, medical devices, and vaccines, crucially needed during the pandemic. International and national laws have addressed these challenges through the TRIPs Protector Article, providing options for member states to take specific measures, such as Parallel Imports, Bolar Provisions, Compulsory Licenses, and Government Use of Patents. These solutions demonstrate that even in emergency situations, the rights of inventors can still be upheld while ensuring access to essential medicines for the public. In the case of Indonesia, the government employed the Government Use of Patents policy through Presidential Regulations Number 77 of 2020, Number 100 of 2021, and Number 101 of 2021, pertaining to Remdesivir and Favipiravir medicines, respectively. This approach, though involving compulsory acquisition, is time-limited, non-exclusive, and provides fair compensation to patent holders, reflecting a balanced and just approach to addressing the critical public health needs during the pandemic.
Intellectual Property as an Object of Banks Collateral in Startup Development in Indonesia (Comparation Study of Singapore and Malaysia) Giovanni Marcello; Rafi Rifal Mastiyanto
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.44338

Abstract

Startups heavily rely on capital for their business activities, often acquired through borrowing. Securing capital loans with guarantees is vital to ensure repayment. Intellectual Property Rights (IPR) offer valuable intangible assets that can serve as collateral. However, Indonesia's current regulations on using IPR as collateral, particularly in debt financing, are insufficient. In contrast, Singapore and Malaysia successfully implemented the Intellectual Property Financing Scheme (IPFS). This paper examines a regulatory model for implementing IPFS in Indonesia. It explores how to effectively utilize intellectual property schemes as debt guarantees in Indonesia, Singapore, and Malaysia. The author uses the normative juridical research method for this study. The analysis concludes that IPFS is a viable solution for Indonesia if two key indicators are met. First, a due diligence scheme for intellectual property assets must be developed and optimized to ensure reliable and valuable collateral. Second, implementing a nationally integrated Government Program to optimize startup capital will support the successful adoption of IPFS in Indonesia. By establishing a robust regulatory model and embracing IPFS, Indonesia can harness the potential of its intellectual property assets to boost startup capital and encourage business growth. This will improve financing accessibility for startups and foster an environment conducive to innovation and entrepreneurship in the country.
Dispute Resolution in Business Sector: Comparing Indonesia and Singapore Arbitration Model Kelvin Leong Chun Fai; Prasasti Dyah Nugraheni
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.30262

Abstract

Dispute resolution within the business sector can be accomplished through either national arbitration institutions or international arbitration institutions. International arbitration serves as a process to settle civil disputes using a neutral third party, particularly in the context of business-related conflicts arising between parties engaged in international business agreements. Such arbitration is often specified through arbitration clauses included in these international business agreements, which are mutually agreed upon by the involved parties. One example of an international arbitration institution that specializes in resolving civil disputes, particularly those within the business sector, is the Singapore International Arbitration Center (SIAC) located in Singapore. The implementation of arbitration awards depends on the type of arbitration being conducted, whether it is a national arbitration award or an international arbitration award. During the preparation of this paper, the author utilized a normative-juridical research method, which involves relying on legal library sources and secondary legal materials to address existing legal issues. This paper aims to compare the legal foundations and the arbitration dispute resolution processes employed by the Indonesian National Arbitration Board (BANI) and the Singapore International Arbitration Center (SIAC). The research findings reveal that the legal basis for arbitration dispute resolution utilized by the Indonesian National Arbitration Board (BANI) differs from that employed by the Singapore International Arbitration Center (SIAC). Nevertheless, the processes and procedures for resolving arbitration disputes conducted by both institutions demonstrate notable similarities.
Business Dispute Resolution: Insight from Indonesia and Saudi Arabia Atty Genald Malvas Valones; Daniel Krisnugrahanto; Malik Al Farabi
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.30295

Abstract

In legal disputes, the crucial aspect lies in the execution of a decision. A decision holds no value if it cannot be effectively enforced, even if it possesses permanent legal force. To settle civil cases, two prominent institutions are employed: the court and arbitration. In the context of international business agreements, parties turn to international arbitration as a means of resolving disputes, employing neutral third parties. This paper delves into the process of international arbitration, particularly focusing on its application within the business sector. Various arbitration clauses in international business agreements establish international arbitration, with the objective of impartially addressing disputes between parties involved. A notable institution that facilitates such resolution is the Saudi Center for Commercial Arbitration (SCCA) in Saudi Arabia. However, the effectiveness of arbitration rests on the implementation of arbitration awards, which is influenced by the type of arbitration undertaken, whether national or international. Hence, this paper aims to draw a comparative analysis between the Indonesian National Arbitration Board (BANI) and the Saudi Center for Commercial Arbitration (SCCA), examining the legal basis employed and the processes involved in resolving arbitration disputes. By understanding the contrasting practices of these arbitration institutions, stakeholders can gain insights into optimizing dispute resolution mechanisms. The study holds practical significance for businesses and individuals engaged in international trade, emphasizing the importance of selecting the appropriate arbitration institution to ensure enforceability and expeditious resolution of disputes. Ultimately, the findings of this research contribute to fostering a more efficient and reliable international arbitration framework.

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