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
Articles
134 Documents
<![CDATA[Well-known Mark Overseas Legal Protection and Local Brands in Trademark Rights Violations ]]>
<![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.]]>
<![CDATA[Legal Uncertainty Regarding Abuse of Authority That is Harming State Finance in Indonesia ]]>
<![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.v5i2.32777
<![CDATA[This study aims to discuss issues regarding the legal certainty of criminal acts of abuse of authority and problems regarding the return of state financial losses in handling corruption cases in Indonesia. To examine these problems, a normative juridical research method was used using secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that the handling of cases of Corruption Crimes cannot be separated from the influences of the bureaucracy and political factors, both from the legal provisions that govern it and from unscrupulous government officials with strategic positions in the Government who are perpetrators of abuse of authority that is detrimental to finances. country. However, there is a discrepancy in the regulation regarding abuse of authority in the Law on government administration and the Law on criminal acts of corruption in Indonesia, especially in terms of recovering state financial losses.]]>
<![CDATA[The Civil Law Review Of The Role Of Joint Village-Owned Business Entities (BUM Desa Bersama) As the Subject of Civil Law ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 2, No 2 (2018): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v2i2.16848
<![CDATA[Village development in Indonesia demands a growing system of regulations both in the field of village development and its economy so that since the enactment of Law Number 6 of 2014 concerning Villages, Village-Owned Enterprises (BUM Desa) have emerged to support economic development and development of a village in Indonesia . BUM Desa is a Legal Entity that can carry out legal actions to manage capital and assets owned, provide general public services in the form of drinking water management, village waste management, management of barns, making ponds, managing plantation products and livestock products, utilizing tourism potential into villages tourism and other business activities that involve the active role of independent village communities, establish partnerships and cooperation with other parties, both individuals and other legal entities such as Limited Liability Companies, CVs and so on. The purpose of this study is to find out the role of the role of the Joint Village Business Entity as the subject of Civil Law in carrying out various legal actions including cooperating in various fields with other business entities incorporated.Keywords: Civil Law, Joint Village Owned Enterprises (BUM Desa Bersama), Subjects of Civil Law]]>
<![CDATA[THE EXISTENCE OF A COMPANY IN THE SOCIETY AND ITS LEGALITY IN INDONESIAN LAW ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 2, No 1 (2018): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v2i1.13962
<![CDATA[The existence of a company, being an economic institution which has a multiplayer function, has become one of the main aspects of the societal and national lives because of the business activity conducted by the company. This situation has enabled the society to fulfil their needs, to conduct their economic activities, including the absorption of employment by the company which leads to the necessity of the legality of law in the law in Indonesia.]]>
<![CDATA[Law Enforcement On Distributors Who Retail Goods To Consumers In The MSMEs Sector ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): May ]]>
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[The Role of the Gorontalo District National Land Agency Service in the Implementation of the Systematic Complete Land Registration Program (PTSL) ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 1 (2020): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i1.24246
<![CDATA[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).]]>
<![CDATA[Community Empowerment through Optimization of Geographic Indication (A Study on Local Products in Tambakroto Village, Sayung District, Demak Regency ) ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 3, No 1 (2019): May ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v3i1.17748
<![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[Business Law Perspective in The Protection of The Old City as A Cultural Reserve Area ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 5, No 1 (2021): May ]]>
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[FORMULATION OF MINERBA LAW ENFORCEMENT POLICY AGAINST UNCONVENTIONAL MINE FLOATING CATEGORY (STUDY OF SOCIO LEGAL IN BANGKA DISTRICT) ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 2, No 2 (2018): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v2i2.16262
<![CDATA[The floating TI problem will also have an impact on policies on environmental conservation, fisheries and cultural change. Subjectivity of policy issues.  This research approach is socio-legal. Research with such an approach, views the law in its complex face, not only stops at the norm, but also targets how the process of formation is up to its implementation. TI floating problems must be identified related to issues of authority, economic and environmental issues. With this concept, this research was carried out by conducting a step review of norms for the first stage. In the next stage, a search for certain norms related to floating TI is carried out the act of number 4 ‘ 2009 on Minerals and Coal. It was only analyzed by offering how floating law enforcement related to IT in the Bangka Regency area. Policy problems are only possible when humans make judgments about the desire to change some problem situations. The policy problem is the result / product of human subjective assessment, the policy problem can also be accepted as legitimate definitions of objective social conditions and hence policy problems are understood, maintained and changed socially; and there are many solutions to a problem as there are many definitions of the problem. Problems and solutions are in constant changes. ]]>
<![CDATA[PENGGUNAAN HAK CIPTA SEBAGAI OBJEK JAMINAN FIDUSIA ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 1, No 1 (2017): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v1i1.12357
<![CDATA[Perkembangan ekonomi dan hukum Hak Cipta dalam Undang-UndangNomor 28 Tahun 2014 Tentang Hak Cipta memberikan pengaturan barumengenai Hak Cipta dapat dijadikan sebagai objek Jaminan Fidusia. Tujuanpenelitian ini adalah untuk mengetahui dan menganalisis prinsip Hak Ciptasebagai objek Jaminan Fidusia dalam Undang-Undang Nomor 28 Tahun 2014Tentang Hak Cipta? Bagaimana kesesuaian antara Hak Cipta sebagai objekJaminan Fidusia dengan Undang-Undang Nomor 42 Tahun 1999 TentangJaminan Fidusia?Prinsip Hak Cipta sebagai objek Jaminan Fidusia dalam Undang-UndangNomor 28 Tahun 2014 Tentang Hak Cipta tidak lepas dari teori hukum alam yangmenghargai setiap hasil akal pikiran manusia. Selain itu dalam Undang-UndangNomor 28 Tahun 2014 Tentang Hak Cipta terdapat Nreward teory, Recoverytheory, Incentive theory, Risk theory dan teori kepentingan makro sehingga PasalHak Cipta sebagai objek Jaminan Fidusia dicantumkan dalam Undang-UndangNomor 28 Tahun 2014 Tentang Hak Cipta. Pada prinsipnya Hak Cipta dapatdijadikan sebagai objek Jaminan Fidusia karena Hak Cipta merupakan bendabergerak yang tidak berwujud dan hak ekonomi yang dapat dijaminkan.Pengaturan mengenai Hak Cipta sebagai objek Jaminan Fidusia sudah sesuaidengan ketentuan pembebanan, pendaftaran dan pengalihan Jaminan Fidusia padaUndang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia.]]>
