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Dr. Hamzah, S.H,. M.H
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Gedung B, Fakultas Hukum, Universitas Lampung, Jln. Prof. Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, Indonesia 35145
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INDONESIA
Indonesia Private Law Review
Published by Universitas Lampung
ISSN : 2723259X     EISSN : 27459284     DOI : 10.25041/iplr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law Review, law development must integrate and synergize with other sectors of development. SCOPE The Indonesian Private Law Review scope discusses matters regarding the legal grounds, implementation, and law and development of the private law field. The journal encourages contributions on fields that have correlation or interests to the following discussions: Agreement International trade Islamic law Family law Adat law Business and economy law Intellectual Property Rights Civil Code of Indonesia or burgerlijk wetboek Commercial Code of Indonesia or Wetboek van Koopenhandel voor Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 1 No. 1 (2020)" : 6 Documents clear
PENERAPAN KLAUSULA EKSENORASI PADA PERJANJIAN FORMULIR PEMBUKAAN REKENING NASABAH PADA BANK KONVENSIONAL DI BANDAR LAMPUNG Chairy Naima Amalia
Indonesia Private Law Review Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i1.2043

Abstract

The application of the deposit clause in banking agreements such as account opening forms and credit distribution forms, causes the position of consumers in this case the bank's creditors' customers become weaker. The problem will be discussed in this study are how the application of the exploration clause in conventional banks? What are the legal arrangements regarding the exoneration clause? The research method used is an normative legal approach. Research shows that the agreement for opening a customer account is based on a sample of 3 conventional banks in Lampung Province that the agreement fulfills the elements of an agreement in accordance with the Financial Services Authority Regulation (POJK) and this agreement is a form of an exoneration agreement. This can be seen from the form or model of an agreement for opening a savings account at a bank that has generally been made in the form of a standard form containing various things that must be filled out by prospective creditors. The fact is that the form of legal protection for depositors' creditors against the exoneration clause in the form of opening a savings account at a commercial bank is regulated in the Civil Code, the UUPK and POJK.
EKSEKUTORIAL PUTUSAN PEMBATALAN MEREK TERDAFTAR Eko Yuliyanto
Indonesia Private Law Review Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i1.2044

Abstract

Brand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has been canceled.The paper will focus on the analysis of judges' consideration in making the decision to cancel the registered brand (case study of decision No. 85 PK / Pdt.Sus-HKI / 2015), as well as an analysis of the execution of the decision to revoke registered brand (case study of decision No. 85 PK / Pdt.Sus -HKI / 2015). The method used is normative legal research. The results of the study showed that the legal basis by the Judges had accommodated all the substance of the juridical reason for the cancellation of the brand Cap Kaki Tiga by referring the provisions of Article 6 paragraph (3) letter b of Trademark Law (currently regulated in Article 21 Paragraph (2) letter b of the Trademark and Geographical Indications Law).Furthermore, an executorial decision regarding the cancellation of a registered brand may only be limited to procedural actions in administrative business such cancellation the brand from the general register and announcing the cancellation the brandin the official news of that brand.
PERLINDUNGAN WARISAN BUDAYA SENI TARI MELINTING MASYARAKAT ADAT LAMPUNG DALAM PERSPEKTIF SISTEM HUKUM KEKAYAAN INTELEKTUAL Reza Aditya Ramadhan
Indonesia Private Law Review Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i1.2045

Abstract

The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.
PEMINJAMAN NAMA PERUSAHAAN OLEH DIREKSI KEPADA PIHAK KE TIGA DALAM PERSORAN TERBATAS Sidrotul Akbar
Indonesia Private Law Review Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i1.2046

Abstract

The actions of the Board of Directors in the form of lending the name of the company to other people who have the capacity to take legal actions on behalf of the company are basically actions that are contrary to Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies. If it is done, then it normatively can be understood that the Board of Directors has been negligent in carrying out its duties and responsibilities in running the company. This research was conducted on the basis of the problem regarding the concept of borrowing the company name as an ultra vires act and an analysis of the responsibilities of the Board of Directors for ultra vires actions. This research uses normative legal research methods.
ANALISIS YURIDIS KLAUSUL DISCLAIMER OLEH PELAKU USAHA PADA SITUS JUAL BELI ONLINE (E-COMMERCE) Heni Pratiwi
Indonesia Private Law Review Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i1.2047

Abstract

Disclaimer or exemption clause is a clause or statement used by business actors to restrict or transfer the liability on the rights and obligations of an agreement and legal action. The inclusion of this disclaimer seems to be a freedom for business actors to freely transfer their liabilities which aims to provide protection for them selves, while consumers are being disadvantaged because they cannot file claims or hold accountability in case a default occurs. Therefore, the ease on transferring these liabilities as outlined in the form of a disclaimer is considered a violation of the principle of freedom of contract. This study is a normative research with approach carried out through library study with materials related to the problems of examination. The data sources consisted of primary and secondary data. The collected data were analyzed qualitatively.The results of the study showed that: a). The status of the disclaimer according to the law of agreement was declared null and void because it did not fulfill the objective conditions contained in Article 1320 of the Civil Code, namely legal reasons, containing provisions that contravened the law and violation of the principle of freedom of association. b). The validity of electronic transactions viewed from Article 1320 of the Civil Code was only valid if it fulfilled the four valid conditions of the agreement, both subjective and objective conditions. If these subjective conditions are not met, then as a legal consequence the e-commerce sale and purchase contract would be canceled, and if the objective conditions are not met, the contract would be made null and void, c). The form of legal protection for consumers against the first disclaimer/exemption clause, through preventive protection, UUPK (the Consumers Protection Act) has designed a preventive provision by regulating prohibitions for business actors to include disclaimer clause and it is required to adjust the contents of the disclaimer clause regulated in Chapter V Article 18 of UUPK. Second, through repressive protection which aims to resolve disputes in order to protect consumers. The consumers can resolve the dispute through lawsuit (litigation) and without the intervention of the court (non litigation).
PERLINDUNGAN HUKUM TERHADAP APOTEKER YANG MELAKUKAN HOME PHARMACY CARE DALAM HAL KEADAAN KEDARURATAN Ardiyansyah Ardiyansyah
Indonesia Private Law Review Vol. 1 No. 1 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i1.2048

Abstract

The legal protection of pharmacists is very important, because if there is no legal protection in carrying out pharmaceutical practices by a pharmacist it will become an obstacle in the running of pharmaceutical services to the public, especially with the new concept of pharmacy services at home (home pharmacy care). The instrument has not been regulated in the law so that the pharmacist profession is vulnerable to criminalization. The problem in this paper is (a) how is the legal protection of pharmacists in conducting home pharmacy care in the emergency services outside in their authority? How do you prevent the criminalization of pharmacists in conducting home pharmacy care? This study uses an empirical juridical and normative juridical approach. The results showed that the legal protection of pharmacists in carrying out home pharmacy care services in the emergency can carry out services outside their authority. The Indonesian Pharmacist Association (IAI) is obliged to provide protection to members as long as they carry out their duties in accordance with professional standards, professional service standards and operational procedure standards, and prevent the criminalization of pharmacists in practicing Home Pharmacy Care services. Suggestions by the authors in this study is expected the government to immediately issue a new law related to the validity of pharmacist activities in conducting home pharmacy care so that the existence of the law will guarantee legal certainty.

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