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[Optimizing The Performance of The Sharia Supervisory Council in Sharia Financial InstitutionsONS ]]>
<![CDATA[ Journal of Private and Commercial Law Vol 4, No 2 (2020): November ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jpcl.v4i2.26663
<![CDATA[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.]]>
<![CDATA[Protection Of Patent Rights (Comparative Studies in Japan and Indonesia ]]>
<![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[Law Enforcement In The Field Of Music In The Spotify Application Program ]]>
<![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[Urgency of Licensing Restriction in Joint Venture Companies Related to TKDN ]]>
<![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.v3i1.18179
<![CDATA[Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. Therefore, according to the principle of freedom of contact in relation to the free market, in fully contracting is an affair of the parties, however legal protection and public interest are therefore required from government interference in the form of regulation or restrictions. The restrictions in regulating technology transfer from developed countries to developing countries aim to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly "real" and does not reduce the incoming FDI.Based on this, the authors formulated a number of issues namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses . The results of the discussion show that the transfer of technology is needed for developing countries needed to advance their products in the era of globalization so that arrangements for it are needed so that in case of cooperation there is no inequality. And, the role of law in the policy of technology transfer to transform agrarian societies into industrialist societies. Here there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technology transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment.]]>
<![CDATA[DISSEMINATION OF COPYRIGHT LAW IN DIGITAL PRODUCTS IN SEMARANG CITY ]]>
<![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.v2i1.14217
<![CDATA[A creative work created by its creator based on his sense and intention which is supported by his creativity will become an intellectual work with a high economic value. Such creators are like book and song writers who have an ability and idea to produce a work that can be enjoyed by everyone. Based on the principle of justice, it is understood that to produce such work is not an easy task because it requires sacrifice. Therefore, the creator is entitled to economic benefits for his work. An intellectual work having a very high economic value is supposed to get adequate legal protection supported by a sense of justice as the reward of the creator’s intellectual products. In addition to physical copyrighted work products, there are also digital products on which the creator owns a copyright. There are examples of digital products which follow the development of technology such as song files, e-books, software, etc. One of the problems that exists in the community is that the digital product becomes easier to be pirated or illegally downloaded through the internet. How is copyright protection in digital products as the embodiment of the creator's creative works. Copyright protection against creators and copyright holders pursuant to Act No. 28 of 2014 on Copyright. Article 1 number 1 and Article 24 paragraph (1) and (2). The creator or copyright holder has rights to be protected by the government, namely economic rights and moral rights. The existence of economic rights and moral rights is then someone's creative work will have its own values, so it is not easy to use his property for commercial purposes by the parties who are not responsible.]]>
<![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[ 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.v5i1.29301
<![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[Borrow-To-Use Agreement and its Legal Consequences in Case of Damages on the Object of Agreement ]]>
<![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.v4i1.24784
<![CDATA[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.]]>
<![CDATA[TINJAUAN HUKUM TERHADAP HUKUM ACARA PERSAINGAN USAHA DALAM PERSPEKTIF DUE PROCESS OF LAW ]]>
<![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.v1i1.12344
<![CDATA[Tulisan ini menguraikan prinsip due process of law dalam hukum beracara diKomisi Pengawas Persaingan Usaha (“Komisiâ€), dan menggunakan teori hukumprogresif untuk menganalisis dan memberikan saran terhadap Peraturan KomisiNomor 1 Tahun 2010 Tentang Tata Cara Penanganan Perkara. Kesimpulan daritulisan ini adalah pengaturan mengenai prosedur beracara di Komisi baik dalamPeraturan Komisi Nomor 1 Tahun 2010 maupun peraturan Komisi sebelumnyayakni Peraturan Komisi Nomor 1 Tahun 2006, telah mendasarkan pada prinsipdue process of law. Adapun saran dalam tulisan ini adalah dilakukan perubahanterhadap Peraturan Komisi Nomor 1 Tahun 2010 mengenai batas waktupemeriksaan, dimana perlu dibedakan antara pemeriksaan yang melibatkan pelakuusaha asing dengan pemeriksaan yang hanya melibatkan pelaku usaha dalamnegeri. Terhadap perkara yang melibatkan para terlapor dari luar wilayah NegaraIndonesia dan memperhatikan sifat keadaan perkara yang permasalahannya cukupsulit atau kompleks untuk diputuskan, maka ada baiknya, peraturan mengenai tatacara penanganan perkara di Komisi merujuk pada SEMA RI No 6/1992.]]>
<![CDATA[Indonesian Political Economic Policy and Economic Rights: An Analysis of Human Rights in the International Economic Law ]]>
<![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.v3i1.18178
<![CDATA[The national and international economic development raises new problems besides the positive side of finance. International economic recession that has global impacts including in Indonesia presents its own challenges. One of the challenges faced is a serious impact on the fulfillment of economic and social rights. Various economic austerity measures were taken to maintain the country’s economic stability. One of the most controversial is the reduction of subsidies in the health, social security, trade and education sectors. The unemployment rate also increased as a direct impact of these economic policies. This paper analyzes the rights of human rights in Indonesian political economic policy both on a national and international scale. This paper compares and analyzes various cases of Indonesian economic policy with the basic principles of human rights, especially social, economic and cultural rights. Studies in this paper cover the areas of study of International Economic and Trade Law, Human Rights Law, and International Law. This paper highlighted that economic policies in the form of reducing subsidies and austerity measures undermine a wide range of human rights human rights frameworks.]]>
<![CDATA[Implementation Of Legal Protection On Royalty Management Of Government Regulation Number 56 Of 2021 ]]>
<![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]]>
