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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134 Documents
<![CDATA[Venture Capital Regulation Reform: Revitalization of Venture Capital as an Alternatives Financing Mentorship and Partnership Based ]]>
<![CDATA[Abubakar, Lastuti]]>;
<![CDATA[Handayani, Tri]]>
<![CDATA[ JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 3, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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<![CDATA[The growth of Venture Capital Company (PMV) in Indonesia is progressive although not significant. The Characteristics of Venture Capital, which is temporary in equity participation, caused venture capital financing is being highly risky financing. To anticipate this risk, PMVseeks the Investee Company (PPU) as a partner who is obliged to return capital. This is to secure this investment by using the concept of financing by venture capital. In addition, a guarantee agreement can be executed if Investee Company did not carry out obligations. This research aims to examine and analyze the essence of venture capital as an alternative financing mentorship and partnership based. In addition, it examines the position of collateral in financing venture capital. This study uses a normative juridical approach with descriptive analytical research specifications and qualitative juridical analysis. The initial concept financing of venture capital as equity participation that using mentorship and partnership turns into loan based financing with collateral. The regulations reform of venture capital through OJK Regulation is aim to expand the objectives of Venture Capital as an effort to anticipate the development of technology based and start up business. In addition, regulation reform of on Venture Capital aims to strengthen venture Capital through the authority of PMV/PMVSto manage Venture Fund. Legal reform of Venture Capital must be interpreted and implemented in line with the purposes of venture Capital as an alternative financing that prioritizes mentorship and partnership between PMV/PMVSand PPU. Beside the supervision by the OJK, the Venture Capital Agreement is an instrument to empower Venture Capital for MSMEs financing optimally. Keywords: revitalization of venture capital; law reform of venture capital; financing mentorship based]]>
<![CDATA[Problems in the Status of Object Ownership of Ijarah Muntahiyah Bittamlik Financing Contract in Sharia Banking Law ]]>
<![CDATA[Hikmah, Nurul]]>
<![CDATA[ JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 3, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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<![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[Actio Pauliana as the Rights Protection Efforts for Creditors in the Bankruptcy Case ]]>
<![CDATA[Pangestu, Puja Dwi]]>
<![CDATA[ JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 3, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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<![CDATA[The implementation of a debt agreement is often found in bad faith by the debtor where the debtor is unable to pay off his debts. When the debtor is deemed unable to pay off all of his debt, the debtor can voluntarily submit palitit to the Commercial Court. Submission of bankruptcy can also be applied by creditors, of course, bankruptcy permits by debtors or creditors must fulfill the conditions mandated in the bankruptcy law. When debtors are declared bankrupt, all assets owned by the debtor are collateral for their debts.However, in its implementation, it is often found that ill will is carried out by the debtor, namely when the debtor feels that he is no longer able to repay his debts, the debtor transfers his assets to the third party for his own benefit. To protect the interests of each creditor then curator can make an action with actio pauliana, , Actio Pauliana is cancellation of all of the legal action of the assets taken by debtors. The research objective of this article is to know and understand the bankruptcy determination process based on the Bankruptcy Act and how actio pauliana attempts to protect the rights of each creditor. ]]>
<![CDATA[Community Empowerment through Optimization of Geographic Indication (A Study on Local Products in Tambakroto Village, Sayung District, Demak Regency ) ]]>
<![CDATA[Prabowo, M Shidqon]]>
<![CDATA[ JOURNAL OF PRIVATE AND COMMERCIAL LAW Vol 3, No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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<![CDATA[Geographical Indication is a sign used on goods that have a specific geographical origin and has the quality or reputation is based on place of origin. In general, Geographical Indications is the name of the place of origin of such goods. Agricultural products typically have qualities that are formed from the place of production and are influenced by local factors are specific, such as climate and soil. Sub Tambakroto Sayung is one of the District in the city of Demak, which has the potential to geographical indications. The potential of geographical indications which are owned by the city of Demak District Tanbakroto Sayung have the geographic conditions, natural resources, agricultural products, crops and cultural traditions. The problem in this research are: 1). Potential geographical indication of what is owned by the District of Demak TambakrotoSayung? 2). What policies adopted to improve the welfare of society through excellence geographical indications in the District of Demak Tambakroto Sayung? This study aims to: 1). Register geographical indications advantages possessed by Tambakroto Sayung District of Demak, 2). Knowing the supporting and inhibiting factors in empowering excellence Tambakroto Sayung geographical indications in the District of Demak, 3). Produce a model of community empowerment based on the superiority of geographical indications in the DistrictTambakroto Demak.This research was carried out by empirical methods juridical approach. The specifications used in this research is descriptive analysis. The location of this research is in DistrictTambakroto sayung Demak. The research data collected by way of interviews, documentation and direct observations in the field.The results of this study is the potential for geographical indications which are owned by the District Sayung the fruit tempe and lontong fruit. Sub Tambakroto Sayung has advantages over other regions in wilyah city of Demak. Excellence is the product of geographical indication in the form of fruit tempe and lontong fruit known by the name of the tempe and lontong tambakroto. Potential is the potential for geographical indications that have long existed in the district since Tambakroto But this time the potential was nearly extinct where the biggest factor is masyarat nor the relevant local government is not keeping well and not doing it continuously for the potential development of geographical indication. Development and empowerment are preferred to be done in maintaining the geographical indication products Tambakroto District. After that application was made for the protection of geographical indication products. Steps are still far to be done but it is not impossible to do. District policy has not led to concrete Tambakrotoin pengupayaaan, empowerment and development of products of geographical indication Tambakroto District. Initial thing to do is perform on the public understanding of the meaning of Sub Tambakroto importance of geographical indication of products that have been owned by the community such Tambakroto District. Geographical indication of products that have been developed and empowered as optimal as possible will support the welfare of the people own Tambakroto District. Keywords: Community Empowerment, Geographical Indications.]]>
<![CDATA[Protection Of Patent Rights (Comparative Studies in Japan and Indonesia ]]>
<![CDATA[Nasrullah, Nasrullah]]>
<![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.v3i2.19744
<![CDATA[difference is motivated by the legal system used. Japan uses a common law and Indonesian system that uses the civil law system even though finally Indonesia finally mixes both of them, but the determination of the civil law used in Indonesia is still very thick. This article discusses an Indonesian young man who has had 14 patents in Japan because of his intelligence in creating patent works in Japan, namely the country he has occupied since college until now working in a leading company in Japan. The results of the study show that Japan, which legally adheres to the United States with common law, but in terms of Japanese patent protection adheres to the civil law system as used in Indonesia. The method used is normative juridical data collection techniques carried out by way of viewing or studying documents / libraries (library research).]]>
<![CDATA[The Legal Efforts to Maintain the Authenticity of Trade Secrets through a License Agreement ]]>
<![CDATA[Susanti, Fandilla]]>
<![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.v3i2.19746
<![CDATA[A trade secret is part of IPR which the information is not known by the general public in the field of technology and business, in trade secret has economic and useful values in business activities, also maintain confidential by the owner of the trade secrets regulated by the Law No.30 of 2000. The parties can use trade secret and license agreements, license is the permit given by the owner of trade secrets to other parties through agreements on granting the right to get economic benefits for a certain period of time. The advantage of IPR is personal wealth that can be owned and treated with other wealth forms. The legal research method used in this study is to use a normative juridical approach, which means that a study is conducted based on the review of laws. The efforts to protect trade secrets begin with binding provisions for employees based on the employment agreement, and the licensing agreement. In order to be protected by the trade secret the information must be totally confidential, because if the information has revealed the protection will be lost, the information will become public property. For dispute resolution, litigation and non-litigation can be taken according to the needs of the parties.]]>
<![CDATA[Corruption Prevention Model Based on Mobile Banking ]]>
<![CDATA[Prastyanti, Rina Arum]]>;
<![CDATA[Yuliana, Margareta Evi]]>;
<![CDATA[Sutrasno, Andi]]>
<![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[Protection of Industrial Design Law in the Enhancement of Economic Development in Indonesia ]]>
<![CDATA[Nissa, Khoirun]]>
<![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[The Implementation Of The Indonesia Ministry Of Industry Regulation In Supervising The Indonesia National Standard (SNI) Number 47 / M-DAG / PER / 7/2016 For Baby Cloting Of Small And Medium Entreprises’s ]]>
<![CDATA[Kamal, Ubaidillah]]>
<![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.v3i2.19695
<![CDATA[This study aims to determine the factors that causes the spread of baby clothes which are not SNI labelled, in the city of Semarang and to find out the extent of the regulation?s implementation. The legal research that the writer use is qualitative research, with the type of juridical empirical research, in this method the primary data was obtained from the Department of Industry and Trade of Central Java Province and the Sekawan Putra Trade Business. Secondary data was obtained from library sources as well as from respondents namely baby clothing sellers and baby clothes consumers. The results of the study (1) internal factors that are not required to apply SNI on the use of baby products of IKM, the number of IKMs that still produce infant clothing that are not SNI labelled yet, the low awareness of consumers that is caused by less intensive socialization from the government, and external factors that come from dependence of business actors with laboratory tests, which makes it difficult for business actors to obtain SNI certificates. (2) No special supervision has been carried out as a follow up to the results of periodic supervision. Conclusions from this study (1) There are still many baby clothes of IKM products that are not SNI labelled yet (2) there is still a mismatch of the Minister of Trade Regulation of the Republic of Indonesia Number 47 / M-DAG / PER / 7/2016 carried out by the Department of Industry and Trade of Central Java Province. Suggestions from this research are for consumers to be more selective in choosing and buying baby clothes, for businesses to comply with SNI regulations for baby clothes, for the government to improve socialization to consumers and fostering business actors and conducting special supervision also increasing the frequency of monitoring.]]>
<![CDATA[Well-known Mark Overseas Legal Protection and Local Brands in Trademark Rights Violations ]]>
<![CDATA[andaniswari, okky]]>
<![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.v3i2.19710
<![CDATA[Brand rights relating to the Law Number 20 of 2016 concerning Trademark Rights and Geographical Indications, it can be concluded that those who are entitled to legal protection for trademark disputes are the users and the first registrant of the brand used. Brand is one form of Intellectual Property Rights (IPR) that is used to recognize and differentiate products or services. However, brands are very vulnerable to being copied by irresponsible parties. The imitation of the brand has an impact on material and non-material losses. The perpetrators of brand rights violations, especially for brands that are at a well-known level, brand rights holders can make legal safeguards regulated in the Law Number 15 of 2001 concerning Trademarks which are changed to the Law Number 20 of 2016 concerning Trademarks and Indications Geographical. One of the legal efforts applied is through arbitration or alternative dispute resolution. The step resulted in a decision that was the termination of all actions related to the use of the imitated brand.]]>
