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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. 2 (2020)" : 6 Documents clear
ANALISIS PENANGGULANGAN PEREDARAN OBAT KERAS DAN OBAT–OBAT TERTENTU MELALUI MEDIA ONLINE Evita Ariestiana
Indonesia Private Law Review Vol. 1 No. 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i2.2054

Abstract

Nowadays, sellers sell potent drugs and certain drugs through online media. It is often don't have permission. The problem in this study is why potent drugs and certain drugs can circulate through online media? How is the solution of potent medications and certain drugs circulate through online media? This research uses a Normative and Empirical Juridical approach.The results of the study are found the factors of potent drugs and certain drugs can be circulated through online media, namely: First, Nowadays, Indonesia does not yet have a cyber-law in a specific law, Second: The lack of an active role in the society is providing accurate information to the Police relating to illicit drug trafficking in online media. Third, Lack of cyber team personnel both Lampung Regional Police and BPOM Bandar Lampung City because they have not mastered the ins and outs of cyberspace. Fourth, Lack of Facilities and Infrastructure such as transportation equipment, inadequate communication to pursue and arrest groups of drug dealers in online media. Deal with potent drugs and certain drugs that circulate through online media are efforts by Non-Penal (preventive) and Penal (repressive). It has carried out by BPOM of Bandar Lampung City, and Lampung Regional Police include Supervision of Online Drug Distribution). It is through inspection by the Supervisory Officer and monitoring of the website, social media, applications, and other internet media, as well as legal actions such as confiscation and annihilation of certain drugs.As for suggestions related to this problem, it is necessary to have good coordination between BPOM and the National Police in overcoming the crime of drug trafficking through online. It is by increasing capacity and increasing good facilities and infrastructure to support performance; The government should make specific online trade laws to accommodate and anticipate forms of drug trafficking in cyberspace (cyber).
FUNGSI KOMISI PENGAWAS PERSAINGAN USAHA DAN LARANGAN PRAKTIK MONOPOLI Berli Yudiansah
Indonesia Private Law Review Vol. 1 No. 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i2.2055

Abstract

Nowadays, the law enforcement of prohibition monopolistic practices by KPPU is quite effective. But it is cannot be done optimally. This is influenced by the limited authority possessed by KPPU as regulated in Law No. Law. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition or the Antitrust Law, making it difficult to enforce the law. The problem in this paper is how the KPPU functions in law enforcement prohibiting monopolistic practices. The method used in this paper is a method with a normative and empirical juridical approachThe results of the research show that to maximize the KPPU's function in carrying out their duties, it is necessary to make improvements to the Antimonopoly Law, such as the loading of the KPPU's authority and duties to make it clearer. The establishment of special regulations for KPPU that are more technical in the context of applying the substance of the Antimonopoly Law.
PENGAMBILALIHAN KREDIT OLEH KARYAWAN ALIH DAYA (OUTSOURCING) PT BANK MANDIRI YANG BERAKIBAT PADA TINDAK PIDANA PENIPUAN Lilik Septriyana
Indonesia Private Law Review Vol. 1 No. 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i2.2056

Abstract

The number of frauds has evolved with various forms, such fraud committed by bank employees. This study will focus on three legal issues, namely what is the mechanism for offering credit takeovers to customers at Bank Mandiri which in fact can be carried out by outsourcing personnel? What is the ratio legis for the Decision of PN Tanjungkarang Number 664/Pid.B/2017/PN.Tjk actions of outsourcing employees at PT Bank Mandiri? And how to build a security management system for Bank Mandiri against fraudulent attempts by outsourced employees? The research approach in this study is normative juridical approach and an empirical approach by using secondary data and primary data, and qualitative data analysis.The results of the study is the factors of outsourcing employees of PT Bank Mandiri has authorized to offer credit take over to customers, because of social strata factor, economic factors and environmental factors. Judges' consideration of fraud by outsourced employees of PT Bank Mandiri in Decision Number 664/Pid.B/2017/PN.Tjk is based on evidence, witness statements, expert statements, indictments of the Public Prosecutor, elements of the Prosecutor's Indictment, as well as incriminating and mitigating matters. Ideal law enforcement against fraud by outsourced employees PT Bank Mandiri has the aim to punish outsourced employees so that they become a deterrent and not to repeat their actions later on and tend to improve the lives of many people.
PENERAPAN PRINSIP TANGGUNG JAWAB MUTLAK (ABSOLUT LIABILITY) BERKAITAN DENGAN KERUGIAN KONSUMEN ATAS PENGGUNAAN PRODUK INTERNET BANKING Dian Mahardikha
Indonesia Private Law Review Vol. 1 No. 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i2.2057

Abstract

Consumers are parties in weaker position than banking business actors, so consumers do not have the power to encourage banking business actors in fulfil their responsibility for losses in the use of internet banking products. This is one of the reasons why the absolut liability principle is very important to apply. This study focuses on issues regarding the implementation of absolut liability related to consumer losses from the use of internet banking products, as well as an analysis of the inhibiting factors of the implementation of absolut liability related to consumer losses from using internet banking products. The method in this research is empirical normative legal research.The results study showed that the principle of absolut liability is difficult to apply if there are consumer losses due to the use of internet banking products. It is because Article 19 paragraph (5) and Article 28 of the Consumer Protection Law and Article 15 paragraph (3) of the Electronic Information and Transaction Law have requirements for the fulfillment of an element of error in a business actor, whereas in the principle of absolut liability the element of an actor's error business is not an absolute requirement that must be met. The most dominant factors related to the application of the principle of absolut liability can not include legal factors, namely the absence of absolut liability arrangements, law enforcement factors, namely the attachment of proof systems to the elements of business actors' mistakes, and community factors as consumers, namely the limitations to demand compliance responsibility to business actors.
KEABSAHAN TANDA TANGAN ELEKTRONIK PADA PERJANJIAN JUAL BELI BARANG DARI PERSPEKTIF HUKUM PERDATA Thamaroni Usman
Indonesia Private Law Review Vol. 1 No. 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i2.2058

Abstract

Electronic transaction agreement between PT. Juang Abadi Alam with Australian Rural Exports Pty. Ltd in the perspective of the ITE Law is legal and has consequences. In another perspective, Article 1320 of the Civil Code sees that an agreement will be valid when two conditions are fulfilled, namely subjective and objective conditions. The focus of this study is related to the validity of the digital signature (scanner) of an agreement in the perspective of civil law as well as the legal consequences of the agreement carried out online / electronically when one party defaults/breach of contract. The legal research method used in this study is normative juridical.The results of this study showed that the process of electronic commerce transactions (e-commerce) is carried out with 4 stages of the agreement theory namely supply, acceptance, payment and delivery. The validity of agreement with digital signatures in the perspective of civil law is referring to the National Electronic Transaction Information law and Government Regulations as implementing regulations of Electronic Transactions, which are associated with the principles of agreement in the Civil Code. In addition, the legal consequences of an agreement made online/electronically when one of the parties to the default/breach of contract is that a cancellation of the agreement can be requested from the judge as a legal consequence or the legal consequences of the contract in the sale and purchase agreement of goods online.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PINJAMAN MODAL USAHA BERBASIS FINTECH BAGI PELAKU USAHA MIKRO KECIL DAN MENENGAH (UMKM) Mellisa Rahmaini Lubis
Indonesia Private Law Review Vol. 1 No. 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v1i2.2059

Abstract

Consumers loses have occurred in the practice of Fintech-based loans by non-bank financial institutions. The reports of losses arising from Fintech transactions has increased. This is because many Fintech organizers have not received permission from the OJK but are still able to conduct business activities in Indonesia. The problem in this study is: How is the supervision by the Financial Services Authority (OJK) of non-bank financial institutions providing fintech-based venture capital lenders for MSMEs? And how is the legal consequences of fintech-based business capital loan services for MSME entrepreneurs. The study used normative legal approach and the data analyzed by descriptive qualitative.The results of this study indicate that supervision by the OJK of non-bank financial institutions providing fintech-based venture capital lenders for SMEs as a form of legal protection to consumers. It is carried out in the form of preventive and repressive protection. Preventive protection is implemented by enacting OJK Regulation Number 77 / POJK.01 / 2016, OJK Circular Letter Number 18 / SEOJK.02 / 2017 and OJK Regulation Number 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector. Repressive protection is by applying sanctions against fintech organizers who commit violations in the form of written warnings and fines; restrictions on business activities; and revocation of permission. The legal consequences arising from fintech-based business capital loan services for SMEs to fintech providers are required to improve standards and meet consumer protection aspects. The legal consequence for MSMEs is the potential for fraud and misuse of consumer data by Fintech service providers.

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