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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. 2 No. 1 (2021)" : 6 Documents clear
ANALISIS PERBANDINGAN KASUS RAHASIA DAGANG (STUDI KASUS:PUTUSAN NOMOR 332 K/PID.SUS/2013 (INDONESIA) DENGAN PUTUSAN CIV. NO. 3:13-CV-00098-AA (AMERIKA SERIKAT). Jessica Kirana Budi
Indonesia Private Law Review Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i1.2121

Abstract

The importance of trade secrets being well understood by the public or business firms has become the subject of increasing domestic and international policymaking. So it is essential to analyze a trade secret case, which in this case is the case of CV Bintang Harapan with CV Tiga Putra Berlian VS Reser’s Fine Foods, INC with Bob Evans Farms, INC. This research compares cases of trade secrets between CV Bintang Harapan with CV Tiga Putra Berlian VS Reser’s Fine Foods, INC with Bob Evans Farms, INC? Then, from these comparisons, what appropriate solutions can be given from this research? This study uses a normative legal writing research method with a case approach. The results showed that in the case comparison analysis between CV Bintang Harapan with CV. Tiga Putra Berlian VS Reser's Fine Foods, INC with Bob Evans Farms, INC. Is divided into 6 (six) analysis as follows: the first is related to evidence regarding trade secrets, then the second is related to the existence of work agreement arrangements regarding confidentiality agreements with researchers with employees, the third relates to decisions or acquittals of pure or impure free on a CV Bintang Harapan with CV Tiga Putra Berlian, whereas in the case of trade secrets Reser's Fine Foods, INC with Bob Evans Farms, INC does not recognize impure decisions or acquittals, but decisions with prejudice decisions without prejudice or Voluntary Dismissal Without Prejudice. The fourth relates to the arrangement of attorney fees. The fifth is related to compensation, and the last one is related to the Economic Espionage Act. The 6th is related to the law enforcement process in court. Based on this comparison, the authors suggest that protecting trade secrets can be done through work agreements, and in solving trade secret cases, it can be done by proving the misuse of trade secrets.
THE OBJECTIVITY OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION IN DECIDING BUSINESS COMPETITION CASES IN INDONESIA Rifqon Khairazi
Indonesia Private Law Review Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i1.2146

Abstract

This study discusses the commission board’s objectivity in a trial while deciding a business court case. This study aims to identify the commission board and investigators’ authority in a courthouse, and the fact that they are in the same institution as well as the concern. This study uses a type of normative research through a statutory approach and a conceptual approach. This research’s document source is obtained by tracing statutory regulations, especially those related to business competition. The research shows a relationship that can affect The Indonesian Competition Commission (ICC) decision regarding the extent of authority that ICC has, as contained in the provisions of Article 36 of Law No. 5/1999. This obscurity can provide legal loopholes that have potentially offer a wide range of unlawful authority for ICC. Therefore, the Government has to amend the current regulation.
LEGAL REVIEW OF CONSUMER LAW PROTECTION ON PERSONAL DATA ON DIGITAL PLATFORM Arfi Azhari
Indonesia Private Law Review Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i1.2189

Abstract

Legal protection for consumers must be considered because the existence of consumers is prone to fraud. Personal consumer data protect one form of legal protection for consumers in conducting transactions with business actors, both domestic and foreign transactions. With the times at this time, consumer data that exists on business actors, both in the form of state-owned enterprises or business actors in the private form, is a lot of consumer data that these business actors trade and this consumer data is widely known. The problem studied is how the consumer’s legal protection of personal data on digital platforms. Research methods are using normative research methods, namely by explaining the issues and views of consumer legal protection of personal data on existing legal regulatory, digital platforms. The results illustrate that for now, consumer legal protection of personal data on digital platforms still refers to several laws and regulations in Indonesia. The government is also preparing a Draft Law on Personal Data Protection, which will become lex specialis. For the protection of personal consumer data in Indonesia related to personal data on digital platforms.
LEGAL RESPONSIBILITY ANESTHESIA ADMINISTRATOR IN THE HEALTH SERVICE Yudha Perwira
Indonesia Private Law Review Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i1.2218

Abstract

Good, quality and quality health services are one of the basic needs that everyone needs. Therefore, in the health world, the authority of anesthetist administrators within the scope of anesthesia services is direct, mandated, and collaborative where the mandate obtained from anesthetist administrators is not only from specialist doctors but also from the Government, as regulated in Article 14 Paragraph (1) and Paragraph (2) Ministry of Health Regulation No. 18 of 2016 concerning Licensing and Implementation of Anesthesia Administrator Practices. Now the delegation based on government assignments is carried out if there is no anesthetist in an area. The authority falls to the anesthetist in that area who has received training. This study aims to determine how the legal responsibility of anesthesia administrators in health services. The method used in this research is juridical normative, which examines legislation (statute approach) by examining all relevant regulations or statutory regulations and looking at the facts in the field. The research approach used is qualitative. This study's results indicate that anaesthesia services' general responsibility lies with anaesthetists in the practice of anesthesia services. What needs to be considered in the delegation of tasks from doctors to nurses is that the primary responsibility remains with the doctor who gives the assignment, nurses also have executive responsibility, delegation can only be carried out after the nurse has received sufficient education and competence to receive the delegation, delegation for the long term or continuously given to health nurses with special skills (specialist nurses), which are regulated by separate rules (standing orders). Anaesthetist administrators' role when carrying out health services to delegate authority according to these norms can only be performed by anaesthetist administrators who have received training.
LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS Disa Soraya
Indonesia Private Law Review Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i1.2224

Abstract

In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object of guarantee rights of security rights, and legal protection for bank customers for auction that does not match the value of a collateral object. This study uses an empirical juridical method by conducting literature studies and interviews with informants. The research and discussion results found that: First, the implementation of the mortgage right execution auction can be used as an alternative when bad credit occurs as a result of the customer (the debtor) in default to his creditor. The Bank, as the creditor, has the right to collect receivables from the sale of the object of the mortgage, which is guaranteed by an auction mechanism following the provisions of Law Number 4 of 1996 concerning Mortgage Rights for Land and Other Objects Related to Land. Mortgage rights in the credit agreement have a function to provide a sense of security for creditors in case of default by the debtor through the mortgage’s execution. Second, the limit value’s determination must be determined based on an appraiser’s assessment. So that if the determination of the limit value is so low, it can be used as one of the reasons for the auction’s cancellation. This is based on the provisions of Article 43 and Article 44 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Instructions for Conducting Auctions. Third, as a guarantee of legal protection for customers, if there is a loss due to implementing an auction that is not based on applicable legislation.
LAW ENFORCEMENT ANALYSIS REGULATIONS FOR USING TELEPHONE WHILE DRIVING AGAINST ONLINE OJEK IN BANDAR LAMPUNG Rissa Afni Martinouva
Indonesia Private Law Review Vol. 2 No. 1 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i1.2230

Abstract

Road users other than online public transportation must also be given legal protection and together enjoy the convenience of traffic facilities. Drivers are required to concentrate while driving a vehicle. This is regulated in Law Number 22 of 2009 concerning Road Transportation Traffic, Article 106 that everyone driving a motorized vehicle on the road is obliged to drive his vehicle fairly and with full concentration. The observations made were that attaching a communication device to online public transportation proved that the telephone was used while driving a vehicle. Communicating by telephone while driving a vehicle will cause an accident that will harm other road users. This study discusses the regulations for using the telephone while driving against online motorcycle taxis and law enforcement analysis the regulations for using the telephone while driving against online motorcycle taxis in Bandar Lampung. The results showed the telephone regulations while driving to online motorcycle taxis in Bandar Lampung were Permenhub No. 12 of 2019 Article 4, Article 6, Article 17, Article 18, and Article 19. The results of the analysis of law enforcement on the use of telephones while driving in the form of online motorcycle taxis to contact consumers on their way to the location 3 (three) times, namely 32% (thirty-two per cent) and the intensity of online motorcycle taxis to contact consumers more than 3 (three) times, namely 27% (twenty-seven percent). The analysis data has proven that the intensity of contacting passengers is very much done while driving. Online motorcycle taxi drivers do not obey the rules because they communicate more by telephone while driving.

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