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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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Humanis And Responsible Childer Caring Model For Community in Ngijo Vilage, Gunungpati, Sub-District Fidiyani, Rini; Ningsih, Ayup Suran
Journal of Private and Commercial Law Vol 4, No 2 (2020): November
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i2.26977

Abstract

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.
Bankruptcy Boedel Execution Practices in Indonesia Wachid, Arnoldi; Yustitianingtyas, Levina
Journal of Private and Commercial Law Vol 4, No 1 (2020): May
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i1.25344

Abstract

The ASEAN economic community is one of the pillars of the agreement to form ASEAN. As the integrated economic identity of Southeast Asia, MEA aims to create a single market and production base marked by the free flow of goods, services and investment. A bankruptcy issue crosses national borders arises, when debtors in Indonesia have bankrupt assets abroad. Where the bankruptcy execution process is hampered by existing rules in the country itself, especially in ASEAN, one of the international organizations in the regional level which is one of Indonesia's members, does not yet have regulations that bind its members to the problem of bankruptcy boedel. 1967 UN model law "UNCITRAL cross border insolvency" which aims to be a reference for the resolution of the bankruptcy bankruptcy problem in ASEAN. In my opinion, UNCITRAL is a flexible legal product and can be used as a harmonization of bankruptcy law in ASEAN.
Legal Responsibilities of Foreign Investors in Establishing Unicorn Start-Up Companies in Indonesia rihardi, satrio ageng; bhakti, indira swasti gama
Journal of Private and Commercial Law Vol 4, No 2 (2020): November
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i2.27097

Abstract

The flow of globalization is increasing very rapidly and the development of the digital world. Indonesia is one of the countries with the highest e-commerce growth which continues to grow every year, in 2013 internet users were recorded at 72.8 million and in 2016 it became 102.8 million, in 2019 there were 130 million people. PT.PMA needs strict supervision of the financial system including how to collect taxes, considering that the capital invested is not small. A legal system capable of creating certainty, justice, and efficiency as an effort to develop market mechanisms in the era of economic globalization. Without special rules regarding the supervision of foreign investors, of course it will make it difficult for the government to collect taxes and move the financial management system. The aim is to see the responsibilities of foreign investors in managing the financial system in unicorn start-up companies established in Indonesia that are associated with taxation. The research method was carried out normative-empirical which was presented in a qualitative descriptive. Some company investors in start-up companies come as a whole from domestic investors and some even use foreign investors to intervene. Article 5 paragraph (2) of the Company Law states that foreign investment in Indonesia must be in the form of a Limited Liability Company (PT) based on Indonesian law and the government in this case is not allowed to grant “special rights” to treatment of a country. Start-up companies, both foreign and domestic, must pay taxes in accordance with the provisions imposed in Indonesia. With the implementation of this tax, it has resulted in an increase in state profits. Apart from affirming the obligation of investors to pay taxes, the principles of sound corporate governance are embodied, respecting the cultural traditions of the community, and implementing corporate social responsibility
Consumer Protection of Flight Services through Corporate Social Responsibility Implementation in Indonesia Disemadi, Hari Sutra
Journal of Private and Commercial Law Vol 4, No 1 (2020): May
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i1.24252

Abstract

In Indonesia, air transportation is one type of transportation that is needed by the community in meeting their needs. Therefore, the rapid development of airlines makes competition among airline service companies, among others, provide various promotions to attract consumers to attract as many passengers as possible. However, in the implementation of service quality is still neglected by the company, which can be detrimental to consumers (passengers). This research is a normative legal research using a statutory approach and conceptual approach. The results of this study indicate that the airline service companies in protecting consumers must comply with the Consumer Protection Law and can through the implementation of CSR programs. Some CSR implementations by PT. Garuda Indonesia Regarding Consumer Protection is passenger safety, product and service information, customer complaints service, customer sound management (compliment, suggestion, complaint), and service improvement through a representative office.
Responsibilities of Complementary Allies in The Commanditaire Vennootschap (CV) Business Enity ENTITY Ardiansyah, Erlan; Rachman, Rahmia; Rahayu, Sang Ayu Putu
Journal of Private and Commercial Law Vol 4, No 2 (2020): November
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i2.26400

Abstract

The focus of this research is the Responsibility of Complementary Allies in the Commanditaire Vennootschap (CV) Business Entity. This study aims to determine the responsibilities of complementary allies if the Commanditaire Vennootschap (CV) goes bankrupt, and to find out the responsibilities of complementary allies in the agreement made if the Commanditaire Vennootschap (CV) fails. This study uses a normative juridical research method using a statutory approach and a conceptual approach using primary and secondary legal materials related to the research focus, then it is analyzed qualitatively descriptively. The result of this research is that if the CV is declared bankrupt, all of CV's assets are collateral for the settlement of CV's debt. Personal assets of complementary partners can be accounted for to pay off all debts of the CV. If the CV is in default, the one who must be responsible is complementary allies. This responsibility is in the form of compensation to creditors as a consequence of default by CV to private assets of limited partnership because the CV is not a legal entity that has separate characteristics of its assets from its management.
The Role of the Gorontalo District National Land Agency Service in the Implementation of the Systematic Complete Land Registration Program (PTSL) Rauf, Widya Puspa Ningrum
Journal of Private and Commercial Law Vol 4, No 1 (2020): May
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i1.24246

Abstract

The purpose of Complete Systematic Land Registration (PTSL) is to accelerate the provision of legal certainty and legal protection of community land rights in a certain, simple, fast, smooth, safe, fair, equitable and open manner and accountable, so as to improve the welfare and prosperity of the community and the country’s economy in Gorontalo district. The formulation of the issues raised by this problem are (1). How is the role of the National Land Agency Kab. Gorontalo in the Implementation of the Systematic Complete Land Registration Program (PTSL) (2). What are the obstacles faced by the Gorontalo District Land Office in implementing the Systematic Complete Land Registration program (PTSL) in Gorontalo District and the Solution to overcome these obstacles. This study uses a research approach that is empirical juridical to analyze various laws and regulations related to the role of Gorontalo District Land Office in an effort to improve land rights. And to analyze the law which is seen as a behavior of people who are patterned in the lives of people who always interact and relate in social aspects. The results of this study conclude that in the implementation of this complete systematic land registration carried out by the Gorontalo District National Land Agency, it has been implemented well in accordance with the targets that have been targeted by the central government, although there are some obstacles found in the field in the framework of accelerating the implementation of the Systematic Land Registration Program Complete (PTSL).
Optimizing The Performance of The Sharia Supervisory Council in Sharia Financial InstitutionsONS Fitriana Naridha, Alifah Nur; Setyowati, Ro’fah
Journal of Private and Commercial Law Vol 4, No 2 (2020): November
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i2.26663

Abstract

The sharia supervisory board has a fundamental contribution to the compliance of sharia bank compliance. In the progress of Islamic Financial Institutions, there are still often violations committed by individual Islamic bank managers themselves. As happened in the case of the Bogor branch of the Syariah Bank Mandiri (BSM) in 2013 caught the case of a fictitious credit of Rp102 billion, which was carried out by unscrupulous BSM. The supervisory function's scope, mechanism, and the work of the Sharia Supervisory Board issues need to be discussed. By using a qualitative normative approach. This study produced an understanding that the Sharia supervisory board must ensure that Islamic banks are in line with sharia principles as reflected in the fatwa, rules, and guidelines issued by the sharia supervisory board. For the achievement of Sharia Financial Institutions that are by existing Islamic regulations, special attention needs to be paid by the Sharia Supervisory Board and the government.
Borrow-To-Use Agreement and its Legal Consequences in Case of Damages on the Object of Agreement Adhi, Yuli Prasetyo; Busro, Achmad
Journal of Private and Commercial Law Vol 4, No 1 (2020): May
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i1.24784

Abstract

The performance of a borrow-to-use agreement can only be enjoyed by one party while the other party will not obtain anything from the borrower’s party. The willingness to help or to lend the other party is probably is based on an agreement, volunteerism, solidarity, or is because of the object owner’s social sense. The regulation is already available in the Civil Codes. However, the question is whether the provisions in the Civil Codes regarding to borrow-to-use agreement are still relevant in the present situations and to the more complex society. The risks will rise along with the making of the agreement. Therefore, it is necessary that there is a sound mechanism to regulate and resolve problems regarding the emerging risks in the borrow-to-use agreement. The objectives of this study are to analyze provisions regarding a borrow-to-use agreement regulated by the Civil Codes and the legal consequences in the occurrence of the damage of the object of a borrow-to-use agreement in the perspective of the Civil Codes and to resolve risks occurring in the agreement. The study makes use of a normative juridical approach method by applying regulation approach. The data used are secondary data which come from the primary, secondary, tertiary materials. The object of the borrow-to-use agreement which is conducted by the society varies from movable to immovable objects. The most frequently used objects for a borrow-to-use agreement by the society are vehicles like cars, motorcycles, trucks, etc. The immovable objects which are frequently used include: houses, land, buildings, etc. In Indonesia, a borrow-to-use agreement is a common practice making use of various objects as its collaterals.
Perspectives of Business Personnel on Force Majeure as A Reason For Cutting Work Relationship in The Pandemic Time Covid -19 Dordia Arinanda, Zsazsa
Journal of Private and Commercial Law Vol 4, No 2 (2020): November
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i2.26674

Abstract

The COVID-19 Pandemic outbreak that was experienced in almost all countries in the world, including Indonesia, added challenges as well as new anxiety for businesses and workers. The spread of COVID-19 in Indonesia increasingly adds to the difficulty of the national industrial sector. The COVID-19 pandemic can be categorized as a Force Majeure. It is a condition outside the wishes of the parties and cannot be predicted in advance, so the obligations specified in the contract cannot be fulfilled. Force Majeure can be used as a reason for companies to terminate their employees (PHK), as stipulated in "Article 164 paragraph (1) of Law No. 13 of 2003 concerning Labor", but companies must make every effort to protect the workers jointly. The practice that is happening right now is that many companies do layoffs without any protection for workers. The issue of how layoffs were under COVID-19 on the grounds of Force Majeure will be discussed in this study. The normative juridical method and the approach to legislation about labor were used in this research. The writer used secondary data such as primary legal materials, namely law, and literature related to research issues as secondary legal materials, collected through library studies, and analyzed descriptively analytically. The study result shows that layoffs on the grounds of Force Majeure due to the COVID-19 pandemic may be carried out by the company, but must still pay attention to workers' rights.
Corporate Governance Regulation and Technology: Indonesia’s Way to Move Forward Prisandani, Ulya Yasmine
Journal of Private and Commercial Law Vol 4, No 1 (2020): May
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v4i1.24447

Abstract

The study aims to analyze the regulation and implementation of corporate governance in Indonesia, and extend it to the beneficial utilization of technological advancements in the legal field that can be applied to developing Indonesian good corporate governance implementation. The analysis will be carried out through a normative-juridical method, utilizing the statute approach in which relevant laws and regulations are enquired into, supported by the existing literatures and academic papers. The paper looks into the weaknesses of the currently prevailing corporate governance regulatory regime, followed by the possible use of technology to develop Indonesia’s corporate governance implmenetation. The study finds that the drawbacks of Indonesian corporate governance legal regime include the needs for stronger and stricter regulation such as in relation to the requirement for affiliation for Board of Directors and Board of Commissioners, as well as minority shareholders protection linked to an equitable decision making process in a General Meetings of Shareholders. Further, technological advancements can be used for the betterment of corporate governance implementation in Indonesia, such as in terms of automation of document filing, submission and reporting in addition to other practical online and digital means which include the eASY.KSEI system as the official online General Meetings of Shareholders platform for public companies that has been tested during the recent COVID-19 pandemic situation.

Page 4 of 14 | Total Record : 134

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