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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
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Articles 134 Documents
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Bankruptcy Implementation in Savings and Credit Cooperatives as Instruments for Transformation and Microfinancial Institution Strengthening Sugeng, Sugeng; Fitriana, Diana; Romasindah Aidy, Widya; Ryul Park, Kyung
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47777

Abstract

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.  
The Use of Foreign Workers in the Era of Ease of Doing Business in Indonesia Detalim, Mikha
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.44332

Abstract

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. 
Juridical Analysis of The Application of Local Currency Settlement Between Indonesia and China in Business Transactions Putra, Tegar Islami
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47878

Abstract

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.
Third-Party Responsibility Against Cooperative Legal Action Hariyanto, Hariyanto; Fadlan Sejati, Herlambang; Iyer, Puneet
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47806

Abstract

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.

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