Zaaken: Journal of Civil and Business Law
aaken: Journal of Civil and Business Law merupakan media jurnal elektronik sebagai wadah untuk publikasi hasil penelitian dari skripsi/tugas akhir dan atau sebagian dari skripsi/tugas akhir mahasiswa strata satu (S1) Fakultas Hukum Universitas Jambi yang merupakan kewajiban setiap mahasiswa untuk mengunggah karya ilmiah sebagai salah satu syarat untuk wisuda sarjana. Artikel ditulis bersama dosen pembimbingnya serta diterbitkan secara online. Zaaken: Journal of Civil and Business Law merupakan jurnal berkala ilmiah di bidang Hukum Perdata dan Hukum Bisnis, yang diterbitkan oleh Fakultas Hukum Universitas Jambi, dengan kuantitas 3 (tiga) kali terbit dalam setahun, pada Bulan Februari, Juni, dan Oktober.
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<![CDATA[Perlindungan Merek Dalam Pengembangan Usaha Kecil dan Menengah Bidang Ekonomi Kreatif di Indonesia ]]>
<![CDATA[Bafadhal, Faizah]]>;
<![CDATA[Alissa, Evalina]]>;
<![CDATA[Suhermi, Suhermi]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.36075
<![CDATA[Indonesia is currently experiencing rapid development in the creative economy sector. Various industries such as design, fashion, art, music, film, and others have become the backbone of creative economic growth in this country. One of the most valuable assets in the creative economy is a brand. Brand protection is very important to ensure the continued growth of Indonesia's creative economy. This research aims to determine and analyze the importance of trademark registration in the development of small and medium enterprises in the creative economy of Indonesia and trademark protection in the development of small and medium enterprises in the creative economy. The research results show the importance of registering a trademark, including: To obtain legal protection, exclusive rights to use the trademark, as a publicity tool (promotion), and also as a business opportunity. Brand protection in the development of micro, small, and medium enterprises in the creative economy sector in Indonesia can be done in two ways, namely preventive protection and repressive protection.]]>
<![CDATA[Perjanjian Gadai Sawah Pada Masyarakat Tigo Luhah Kemantan Kabupaten Kerinci ]]>
<![CDATA[Taufiq, Muhammad]]>;
<![CDATA[Idris, Isran]]>;
<![CDATA[Naili Hidayah, Lili]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.29597
<![CDATA[The purpose of writing this article is to find out and analyze the rice pawn agreement made by the Tigo Luhah Kemantan community of Kerinci Regency according to customary law if it is related to Law Number 56 Prp of 1960 concerning Determination of Agricultural Land Area and to find out about the factors that cause difficulties in redemption in agreement to pawn rice fields in the Tigo Luhah community, Kemantan, Kerinci Regency. The research is empirically juridical in nature, namely to examine the effectiveness of the enforcement of a legal norm. The results of the research show that 1) the implementation of pawning rice fields which is carried out according to customary law shows that there are elements of extortion so that it is not in accordance with what is expected and regulated in the law, because the land can be used by the recipient of the pawn, the risk of changes in the value of the currency is completely borne by the giver. pledge, and the pledge lasts indefinitely; 2) there are several factors behind why customary rice pawn agreements are difficult for the pawnbroker to redeem, namely from an economically disadvantaged perspective, changes in the currency value required during redemption, and the public's lack of knowledge of the laws and regulations related to the law. pawn the rice fields.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Pekerja Rumah Tangga di Perumahan Villa Sentosa Indah Kota Jambi ]]>
<![CDATA[Gilbert, Oldie]]>;
<![CDATA[Rosmidah, Rosmidah]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.32042
<![CDATA[This research aims to determine and analyze legal protection for the rights of Domestic Workers (PRT) and obstacles in implementing legal protection for the rights of domestic workers in the Villa Sentosa Indah Housing Complex, Jambi City. This research uses the Empirical Juridical research type by collecting data directly from respondents through field research to determine the problems that arise in implementing legal protection for the rights of domestic workers in the Villa Sentosa Indah Housing Complex, Jambi City. The results of research conducted by the author, involving 18 domestic worker respondents and 18 user respondents in the Villa Sentosa Indah Housing Complex, Jambi City, show that there are still users who do not comply with wage agreements, do not include domestic workers in the Social Security program, do not give leave rights to domestic workers and do not report the use of domestic workers' services to the Head of the Neighborhood Association. An obstacle in implementing legal protection in the Villa Sentosa Indah Housing Complex, Jambi City is the absence of socialization regarding the Minister of Manpower Regulation regarding the Protection of Domestic Workers. The results of interviews conducted by the author in October 2023 with 18 domestic worker respondents and 18 user respondents in February 2024, stated that they had never received socialization information regarding the Minister of Manpower Regulation on the Protection of Domestic Workers. In fact, the Head of the Neighborhood Association number 31 also said that up to now no information has been received regarding the socialization of the Minister of Manpower Regulation on the Protection of Domestic Workers carried out by the government.]]>
<![CDATA[Kewajiban Mempekerjakan Penyandang Disabilitas Pada Perusahaan Badan Usaha Milik Negara dan Perusahaan Swasta Di Kabupaten Tebo ]]>
<![CDATA[Yudhistira, Lily]]>;
<![CDATA[Raffles, Raffles]]>;
<![CDATA[Windarto, Windarto]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.32097
<![CDATA[The purpose of writing this thesis is to know and analyze how the fulfillment of labor rights for people with disabilities in state-owned companies and private companies in Tebo Regency, as well as to find out and analyzeobstacles in fulfilling labor rights for people with disabilities in Tebo Regency. The method in writing this research uses empirical juridical research methods that focus research on reality or legal behavior in society by examining the gap between Das Sollen and Das Sein, namely by realizing the application of Law Number 8 of 2016 concerning Persons with Disabilities in Tebo Regency. The results of this study show that 1) the fulfillment of labor rights for people with disabilities in state-owned and private companies in Tebo Regency is said to be rudimentary 2) the obstacles that make the non-fulfillment of labor rights for people with disabilities are because many companies do not have awareness of labor rights for people with disabilities , people with disabilities get jobs Based on the level of disability, the lack of self-confidence possessed by people with disabilities, the mindset of people with disabilities who consider that the shortcomings they have are a disgrace, and because the criteria desired by the company cause indirect discrimination attitudes for people with disabilities, and the average education of people with disabilities is still low.]]>
<![CDATA[Peran Pegawai Pencatat Nikah (PPN) Dalam Mencegah Perkawinan Di Bawah Umur Di Kecamatan Jambi Selatan Kota Jambi ]]>
<![CDATA[Balqis Salsabila, Fadhilah]]>;
<![CDATA[Amin Qodri, Muhammad]]>;
<![CDATA[Muhammad Daud Abdul Kadir, Sulhi]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.32361
<![CDATA[Child marriage is a marriage conducted by prospective brides and grooms who have not yet reached the age limit set by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning marriage, which is 19 years for both men and women. In order for marriage to be achieved, underage marriages must be prevented through the role played by Marriage Registration Officers. (PPN). This research aims to identify the factors causing underage marriages in the South Jambi District of Jambi City and the role of Marriage Registration Officers (PPN) in preventing underage marriages in the South Jambi District of Jambi City. This study is an empirical legal research. The results obtained indicate that the factors causing underage marriages are free association, premarital pregnancy, family, education, and population. The role performed by PPN is to provide guidance, socialization, and counseling. However, the role performed by PPN is still not optimal in providing understanding related to underage marriage. The guidance provided by the PPN is also less effective because it is only given to prospective brides and grooms who have already registered and are about to get married. Ideally, guidance and direction should first be provided to the prospective bride and groom before expressing the desire to marry and registering at the KUA Jambi Selatan. Even if necessary, periodically, PPN can schedule when to conduct socialization related to providing information, both directly and about the side effects of underage marriage, to couples of reproductive age or teenagers still in high school and university]]>
<![CDATA[Urgensi Pembaharuan Undang-Undang Kepailitan Demi Efisiensi dan Keadilan dalam Penyelesaian Kepailitan dan PKPU ]]>
<![CDATA[Hs, Fatimah]]>;
<![CDATA[Aryani Manangin, Susi]]>;
<![CDATA[Octavianus Nasirun, Indrasatya]]>;
<![CDATA[Marlina Pasla, Delma]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.33099
<![CDATA[This research aims to examine the application of the KPKPU Law, as well as the urgency of renewing the KPKPU Law. this type of research uses normative juridical research. the data source of this research pays attention to, examines, and knows the application of legal principles. in the application of the KPKPU Law, there is a discrepancy with the purpose of the birth of bankruptcy law. Since the enactment of the Bankruptcy Law, filing for bankruptcy against debtors seems to have been made easier, which has resulted in many debtors being declared bankrupt. In addition, the PKPU time limit is very fast. Therefore, if PKPU is filed by a creditor, the debtor is required to submit a peace proposal to all creditors. In practice, due to force majeure, it is not uncommon for debtors to default less than a year after the approval of the peace plan. Bankruptcy law should not only pay attention to creditors and debtors, but more importantly pay attention to the interests of stakeholders, which in this case the most important is workers. In order for the effectiveness of bankruptcy law to be realized fairly, it is necessary to refresh the KPKPU Law.]]>
<![CDATA[Kebijakan Hukum Persaingan Usaha Terhadap Usaha Mikro, Kecil dan Menengah Di Era Digital ]]>
<![CDATA[Utomo, Setiyo]]>;
<![CDATA[Slamet Pribadi, Deny]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.33133
<![CDATA[The advancement of information and communication technology in the digital era has significantly transformed the business landscape. This transformation has the potential to create new opportunities and challenges across various sectors, including Micro, Small, and Medium Enterprises (MSMEs). In the digital era, MSMEs have greater access to the global market through e-commerce platforms and social networks, enabling them to reach customers worldwide. However, along with these opportunities, significant legal challenges arise that can impact the legal protection of MSMEs within the context of business competition. Factors such as the dominance of large corporations, complex regulations, privacy issues, and intense competition can hinder the progress of MSMEs. From the perspective of competition law, legal protection for MSMEs is a critical aspect. Competition law aims to promote fair competition, protect consumer interests, and prevent harmful practices like monopolies and oligopolies that affect smaller entities like MSMEs. The research method employed in this paper is a type of doctrinal research that systematically explains a regulation, focusing on legal principles and legal systems. This research intends to provide in-depth insights and relevant solutions to ensure that MSMEs can compete fairly and succeed in an increasingly competitive digital environment. The study aims to address questions related to legal protection and legal challenges faced by MSMEs in the digital era.]]>
<![CDATA[Ekstensifikasi Penentuan Outsider Pada Pengungkapan Kejahatan Insider Trading di Pasar Modal Berdasarkan Pendekatan Misappropriation Theory ]]>
<![CDATA[Daffa Alfandy, Muhammad]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.34241
<![CDATA[The paradigm used in setting insider trading in the Capital Market Law adheres to the principle of fiduciary duty. That is, conceptually, company insiders as parties entrusted to carry out company operations are obliged to exercise the trust in good faith, so that the insider is not allowed to utilize the ownership of material information to conduct securities transactions aimed at benefiting himself. The problem arises when the principle of fiduciary duty adopted by the Capital Market Law cannot disclose insider trading conducted by: (1) outsiders or tippees who obtain inside information from outsiders or other tippees and (2) outsiders or tippees who obtain material information without unlawful. This is because the burden of proof on the fiduciary duty principle is the relationship between the perpetrator and insiders in the issuer. The Capital Market Act should open up space for the use of misappropriation theory whose approach is oriented towards the ownership nature of material information as applied by Singapore. The research method used is juridical-normative using a statutory approach, a comparative approach, and a case approach. The results showed that the principle of fiduciary duty as embodied in Capital Market Law cannot reach the behavior of secondary tippees and tippees who obtain information without violating the law. Therefore, the author argues that it is necessary to extensify the outsider determination based on misappropriation theory.]]>
<![CDATA[Pembaharuan Hukum Keluarga Islam: Studi Perbandingan Hukum Keluarga di Brunei Darussalam dan Malaysia ]]>
<![CDATA[Nur Amalia Firdaus, Seilla]]>;
<![CDATA[Khosyiah, Siah]]>;
<![CDATA[Rossyani, Murni]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.35264
<![CDATA[The introduction of "Muhammadan's Law Eactment" No. 1 around 1911 AD was the first step towards family law reform in Brunei Darussalam. While in Southeast Asia, the country that first made efforts to reform family law was Malaysia, with the creation of the Mohammaden Marriage Ordinance, No. V Year 1880 in the Straits countries. So that this research will further discuss the enactment and development of Islamic family law in these two countries. This research is a type of normative research or document study with a comparative approach. Primary data sources are taken from the family law laws of Brunei Darussalam and Malaysia. Secondary data sources come from books, journals, websites, and other sources. Data collection techniques using literature study and data analysis with descriptive analysis method. The results show that Brunei and Britain were once under British rule so that the application of family law was limited. However, the development of family law continues to grow to be more comprehensive. One of them, Brunei and Malaysia both apply fines and prison sanctions to people who have violated family law.]]>
<![CDATA[Model Tradisi Adat “Tepung Tawar” Dalam Penyelesaian Konflik Pengelolaan Sumber Daya Alam ]]>
<![CDATA[Junaidi, Junaidi]]>
<![CDATA[ Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024 ]]>
Publisher : <![CDATA[Universitas Jambi, Fakultas Hukum ]]>
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DOI: 10.22437/zaaken.v5i2.37586
<![CDATA[The numerous disputes over the exploitation of natural resources mark this condition. Conflict resolution without going through the judicial route by utilizing the customary system has been passed down through generations in the life of customary law communities in Indonesia. The way to resolve conflicts based on Indonesian customary traditions aligns with values of justice that are prioritized over legal certainty. Conflict resolution through a familial approach is called "tepung tawar" and is one type of local wisdom practiced by the community in South Sumatra. The research discusses how the "tepung tawar" model is used in resolving natural resource conflicts and the strengthening of "tepung tawar" in customary institutions as legislation. This research method uses normative legal research. Tepung tawar is a method of non-litigious conflict resolution through deliberation, where by discussing, both parties can reach an agreement that is mutually beneficial in a peaceful manner. Tepung tawar in customary law can serve as a foundation for resolving conflicts related to natural resource management. Serious efforts are needed to empower customary law by the government through its regulation in legislation.]]>
