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[LEGAL CERTIFICATION IN ELECTRONIC CREDIT AGREEMENT ]]>
<![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.v2i2.16834
<![CDATA[Today's business development is very advanced. No longer developing only business that leads conventionally but also leads to technology-based business. The business of trade and services that lead to this technology also eventually also requires assistance from the financial services sector in the context of developing its business. Financial technology or better known as fintech is innovation in the field of financial services. Fintech is better known in recent years in the business world. This happens because technology evolves with the times. The development and evolution of this technology can make individuals today become easier in doing business. One service from Fintech that is currently popular is often also called Peer-to-Peer (P2P) Lending, or a company that brings lenders with loan seekers in one container, which financing or credit agreement is carried out with an online system and with the form of a standard agreement electronically. The financing or credit agreement is signed with an electronic signature and no stamp. This will cause problems if there is a default when the loan payment cannot be paid. What legal certainty can be given to creditors and debtors in the loan agreement. The research method used in this paper is a normative juridical legal research method. Where normative legal research is carried out by examining legislation and other literary materials.]]>
<![CDATA[IMPLEMENTASI PRINSIP CORPORATE SOCIAL RESPONSIBILITY (CSR) BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS ]]>
<![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.v1i1.12358
<![CDATA[Corporate Social Responsibility (CSR) merupakan salah satu kewajiban yang harus dilaksanakan oleh perusahaan sesuai dengan isi pasal 74 Undang- Undang Nomer 40 Tahun 2007 Tentang Perseroan Terbatas (UUPT). Tujuan penelitian ini adalah untuk merumuskan alternatif bentuk-bentuk kegiatan CSR bagi perusahaan perseroan terbatas (PT) yang mengelola sumber daya alam di Kabupaten Malinau dan Tanah Tidung dan untuk mengetahui apa saja kendalakendala yang dihadapi oleh perusahaan dalam implementasinya. Data dalam penelitian ini dianalisis secara kualitatif , yaitu data skunder yang berupa teori, definisi dan substansinya dari berbagai literatur, dan peraturan perundang-undangan, serta data primer yang diperoleh dari wawancara, observasi dan studi lapangan, kemudian dianalisis dengan undang-undang, teori dan pendapat pakar yang relevan, sehingga didapat kesimpulan tentang pelaksanaan tanggungjawab sosial perusahaan yang berkaitan dengan pengentasan masalahmasalah sosial kemasyarakatan. Berdasarkan hasil penelitian ditemukan bahwa norma kewajiban CSR bagi perseroan terkesan tidak tegas, karena tidak memuat sanksi bagi perseroan yang melanggarnya. Pelaksanaan CSR dalam pelaksanaannya selama ini mengalami kendala karena hanya didasarkan kepada kesadaran dan komitmen perusahaan. Padahal komitmen dan kesadaran setiap perusahaan tidak sama dan sangat tergantung kepada kebijakan perusahaan masing-masing]]>
<![CDATA[Perspectives of Business Personnel on Force Majeure as A Reason For Cutting Work Relationship in The Pandemic Time Covid -19 ]]>
<![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.v4i2.26674
<![CDATA[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.]]>
<![CDATA[The Legal Efforts to Maintain the Authenticity of Trade Secrets through a License Agreement ]]>
<![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[Comparative Study Of Alternative Settlements In Indonesia And Timor Leste ]]>
<![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[Venture Capital Regulation Reform: Revitalization of Venture Capital as an Alternatives Financing Mentorship and Partnership Based ]]>
<![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.v3i1.18531
<![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[Trends And Issues of The Investment Legal Revolution Evidence of The Omnibus Law Job Creation ]]>
<![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.v5i1.29884
<![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[PROTECTION IN RETAIL INVESTORS DISADVANTED BY FAKE TRANSACTION PRACTICE (CORNERING THE MARKET) ]]>
<![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.v2i1.14560
<![CDATA[The practice of fake transaction is a stock trading practice that incurs many losses, especially for retail investors who basically do not control the market in majority on the floor of the stock. This practice may threaten the liquidity and credibility of capital market activities in Indonesia. Pseudo transaction is one of the crimes prohibited in Capital Market Law which fall into the category of market manipulation. In simple terms, market manipulation is an activity undertaken by a person either directly or indirectly creating a false or misleading image of a trading activity, market situation, or price of Securities at a Stock Exchange or giving a statement, or an improper, or misleading statement so that the price of the securities in bursa affected. Provisions on market manipulation are provided in Articles 91, 92 and 93 of Law Number 8 of 1995 concerning the Capital Market.Keywords : Concerning the market, Ritel Investors, Protection]]>
<![CDATA[Juridical Reviews on Branchless Banking Toward the Potential of Fraud Due to the Using of Agent ]]>
<![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.v1i1.12353
<![CDATA[Branchless banking is a new system which is implemented by banks in Indonesiawith aims to provide services to rural communities in order to access bankingservices such as lending or deposit money in the bank through an intermediaryagent. At first the rural communities are hard to obtain banking facilities such asmicro-credit whereas economic activities are largely actuated by lower-classsector therefore the Financial Services Authority or Otoritas Jasa Keuangan (OJK)issued the regulation number. 19/POJK.03/2014 about the financial serviceswithout office in the framework of financial inclusion on November 18, 2014 toface it. In this regulation, there are several things that need to be reviewed suchassessment accountability arrangements of agent as a third party who is notclearly regulated whereas according to some research there are some risk in themechanism of implementation like as potential of fraud due to the using of agentin this system. Though basically branchless banking is one of the strategicnational strategies to provide financing to small businesses in rural areas in orderto increase the competitiveness of products to compete in the ASEAN economiccommunity. Therefore, a legal instrument that can ensure and provide legalcertainty in branchless banking system is a very important thing, more overbranchless banking is the strategic of government to develop the quality of therural economy to face the ASEAN economic community.]]>
<![CDATA[Corporate Governance Regulation and Technology: Indonesia’s Way to Move Forward ]]>
<![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.v4i1.24447
<![CDATA[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.]]>
