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[The Role of the Government in the Development of Indonesian Sharia Banking ]]>
<![CDATA[Shindu Asih, Lintang]]>;
<![CDATA[Sismarwoto, Edy]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): VOLUME 5 NUMBER 1, MAY 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i1.30123
<![CDATA[The growth of the Sharia financial industry in Indonesia is quite slow, this is due to the lack of the government's role in helping develop the Islamic finance industry, even though the potential of the Islamic banking market in Indonesia is actually very large. Therefore, the purpose of this study is to discuss the issue of whether the economic values of Sharia are in accordance with Indonesian philosophy and values, so that the Sharia Industry is able to develop fundamentally in Indonesian society, as well as how the role of the government is to provide a strong basis in developing the Islamic Banking Industry in Indonesia. Indonesia. Because the progress of Islamic banking as a financial industry determines its development in the economy in Indonesia. This study uses a normative research method, where research is focused on legal norms or norms. In the development of Islamic banking by the government, it involves several institutions as the means. The scope of cooperation coordination is broad in order to make Indonesia the center of Islamic economics and finance Some of these institutions include: Bank Indonesia, the Financial Services Authority and the Sharia Supervisory Board. Each institution carries out its role in order to achieve the objectives of developing Islamic banking which have been arranged in a development management.]]>
<![CDATA[Law Enforcement On Distributors Who Retail Goods To Consumers In The MSMEs Sector ]]>
<![CDATA[Livia, Stella]]>;
<![CDATA[Haryanto, Imam]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): VOLUME 5 NUMBER 1, MAY 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i1.28660
<![CDATA[Distributors and retailers have a relationship in running their business. Their relationship creates business competition. Business competition is legitimated as long as it does not break the existing regulations. Distributors retail goods to consumers, it has a detrimental impact on retail traders. It requires a more in-depth study related to business competition law reviews about this case, especially on analyzing the existence of unfair business competition and seeking legal certainty for law enforcement. Relates to distributors who direct retail their goods to consumers. This research method use in this research was juridical normative, which uses a statutory approach with secondary data sources. There are indications of abuse of dominant position related to monopolize the market. It is regulated in Law Number 5 of 1999 concerning Monopolistic Practices and Unfair Business Competition against the distributor's actions. That action is regulated on Number 22 of 2016 concerning General Provisions of trade minister for the Distribution of Goods which prohibits the distributor who retails their product to consumers clearly and the sanctions. Therefore, law enforcement is carried out based on the provisions of these regulations.]]>
<![CDATA[Business Law Perspective in The Protection of The Old City as A Cultural Reserve Area ]]>
<![CDATA[Terry Febriken, Adrianus]]>;
<![CDATA[Paulus, Darminto Hartono]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): VOLUME 5 NUMBER 1, MAY 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i1.30360
<![CDATA[Kota Tua is a cultural heritage area that needs conservation. This area has old buildings that need protection and preservation. Protection and preservation of old buildings in the Old City of Jakarta is the responsibility of the Department of Tourism and Culture of DKI Jakarta as stipulated in Local Regulation No. 10 of 2008 concerning Regional Device Organization in Article 62 paragraph (2), concerning the task of organizing tourism and cultural affairs. The purpose of writing this law is to know how the local government in protecting old buildings and to know the problems and efforts of the local government in protecting old buildings in the Old City area of Jakarta. The authors in his study used normative juridical methods to collect data by reviewing or analyzing secondary data. while the data processing techniques used are by qualitative methods. Conservation is an effort made by the Department of Tourism and Culture of DKI Jakarta in protecting and preserving old buildings in the Old City area of Jakarta. The Implementation Unit of the Activity as the executor of the service function is difficult to execute conservation activities so it must work with the Private Consortium Company and the Restoration Council Team to still be able to participate in the implementation.]]>
<![CDATA[Registration of Guarantee Rights After The Issuance of The Minister of Agrarian Regulation And The Layout / Head of The National Land Agency Number 5 of 2020 Regarding Integrated Security Rights Services Electronically ]]>
<![CDATA[Adhi, Yuli Prasetyo]]>;
<![CDATA[Busro, Achmad]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): VOLUME 5 NUMBER 1, MAY 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i1.29301
<![CDATA[The publication of Ministerial Regulation No.5 of 2020 is a new step in the services provided by the Minister of The National Land to the community. Integrated electronic security services are based on Ministerial Regulation No. 5 of 2009 was carried out to adjust to the development of law, technology and the needs of society. Electronic mortgage services are new in Indonesia and need to be well understood by the users, in this case people who need fast, affordable, and easy mortgage services. This article is the result of a study that aims to analyze the implementation of security rights electronically. This research is a socio-legal research using primary and secondary data, also using qualitative analysis technique. The results of the research show that electronic mortgage services can run well even though there are some obstacles in the implementation. Electronic mortgage services are highly dependent on the web and internet facilities, so there is a need for a good network when operating this service. The quality of human resources needs to be improved in order to be able to face the era of the industrial revolution which all really depends on the technology.]]>
<![CDATA[Trends And Issues of The Investment Legal Revolution Evidence of The Omnibus Law Job Creation ]]>
<![CDATA[Atikasari, Hartini]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): VOLUME 5 NUMBER 1, MAY 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v5i1.29884
<![CDATA[The multidimensional crisis due to the COVID-19 pandemic has implications for the country's economy. Foreign investors are sought to help extinguish the threat of a deficit in state finances through foreign investment (FI). Access to investment, which was initially limited in nature, has become quite flexible due to the promulgation of the Omnibus Law on Job Creation. Legislative reform which was colored by intrigue and controversy was packaged as a way out for national development and economy, especially as a response to the prevention of the country's financial crisis. This research examines the implementation of FI regulations on the investment climate in Indonesia, especially during the period of COVID-19 pandemic and a critical narrative towards the Omnibus Law on Job Creation which represents the investment legal revolution. By using normative legal research methods, this research is expected to be able to answer the above legal issues through a statutory approach and literature law materials which include scientific works and research results. The results show that the implementation of FI regulations in Indonesia is still classified as complicated so that the effect is the low interest of foreign investors to invest their capital in Indonesia. Although the government through the Capital Investment Coordinating Board has attempted to overcome this problem by pioneering the establishment of the One Stop Integrated Service and Investment Service, the COVID-19 pandemic has made it more difficult for the realization of foreign investment in Indonesia. On the other hand, Government policy in reforming investment law in Indonesia through the Omnibus Law on Job Creation too prioritizing economic targets that are not proportional to the threat of state sovereignty and guarantee of people's welfare.]]>
<![CDATA[Illegal Pawn Practices Amid the Covid-19 Pandemic To Survive ]]>
<![CDATA[Auliya, Meliyana]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): VOLUME 5 NUMBER 1, MAY 2021 ]]>
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[Law Enforcement In The Field Of Music In The Spotify Application Program ]]>
<![CDATA[Rahmanda, Bagus]]>;
<![CDATA[Adhi, Yuli Prasetyo]]>;
<![CDATA[Benuf, Kornelius]]>
<![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.v5i2.31702
<![CDATA[Music and songs are one of the areas of Intellectual Property Rights which are protected in Article 58 letter (d) of UU Number 28 of 2014 about Copyright, namely Copyright Protection for Song or music creations with or without text. In this digital era, there are many ways for us to get the music we want through various platforms on the internet such as Youtube, Joox, Spotify, and others. Because the means to get music are getting easier now, there are more and more copyright violations against music, ranging from piracy to plagiarism. This study aims to discuss how the Copyright law regulates copyright protection in the field of music on the internet and also how the Spotify music service platform protects copyright. The research method used is a normative research method; the data analyzed is secondary legal data consisting of primary legal materials, namely Copyright Law and Secondary Law materials, namely literature related to research problems. Based on the results of the study, it is known that Spotify as one of the world's famous song streaming applications has the exclusive right as a copyright licensee to exercise exclusive rights as regulated in Article 9 of the Copyright Law. Spotify as a streaming service provider must of course have a license for the music or songs provided in the application through a license agreement with the licensor.]]>
<![CDATA[Implementation Of Legal Protection On Royalty Management Of Government Regulation Number 56 Of 2021 ]]>
<![CDATA[Hediati, Febri Noor]]>
<![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.v5i2.31796
<![CDATA[Abstracts This article examines Government Regulation Number 56 of 2021 concerning the management of royalties on song/music copyrights. This writing uses a normative juridical approach. This normative juridical approach is employed based on the statutes of black letter law and the conceptual method. The result of the study found that royalty management is carried out by LMKN depend on integrated data in the data/song center. Every public at large can enjoy songs/music commercially to public services by applying for a license agreement to the copyright holder or related rights through LMKN intermediaries.The Directorate General of Intellectual Property Rights is obliged to disseminate this regulation and build a data center to control the database of the song/music and ownership of copyright. Therefore, it requires cooperation between the Directorate General of Intellectual Property Rights, LMKN, creators/owners of related rights, and the general public who enjoy commercial songs/music. After the socialization, a strict penalty will be imposed on those who violate or deny paying the stipulated royalty in Government Regulation Number 56 of 2021. Keywords: Copyright;Legal Protection; Royalty Management; Music/Song]]>
<![CDATA[Comparative Study Of Alternative Settlements In Indonesia And Timor Leste ]]>
<![CDATA[Ar Raidah, Salsabila Fakhriyyah]]>
<![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.v5i2.30339
<![CDATA[Alternative Dispute Resolution (ADR) is a procedure in community practice which then gets recognition in the eyes of the law to settle a case between two or more parties by way out of court in a formal manner (litigation). ADR is considered to have more advantages, including easy, cheap, and fast, so it is more efficient and effective than solving cases in court. This paper aims to examine the existence of ADR in legal practice in Indonesia with a comparative review of the state of Timor Leste. The results of this paper reveal that compared to Timor Leste which is still new, Indonesia has first implemented ADR practices within a formal legal framework. Timor Leste actually also uses the ADR scheme in its daily community practice, but its implementation takes into account the elements of custom and society rather than the legal norms.]]>
<![CDATA[Utilization Of Social Media As A Strategy For Business Actors In Dealing With The Covid-19 Pandemic ]]>
<![CDATA[Pujiono, Pujiono -]]>;
<![CDATA[Sulistianingsih, Dewi -]]>;
<![CDATA[Fidiyani, Rini -]]>
<![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.]]>
