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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
 1 
Search results for , issue "Vol. 3 No. 1 (2022)" : 6 Documents clear
INTELLECTUAL PROPERTY RIGHTS’ LEGAL PROTECTION TOWARDS COPYRIGHTS OF NEW CREATION DANCE CHOREOGRAPHY IN LAMPUNG Darul Kutni Al Muroni
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i1.2311

Abstract

The copyright law determines that the state holds a copyright owner regarding traditional cultural expressions. What if a cultural expression undergoes renewal and is created into a new dance that still has a traditional theme. The purpose of this study is to describe the form of the legal protection of intellectual property rights as well as constraints in determining who is the legal owner of the copyright of the creation of new dance choreographies in Lampung. The research method used is the socio-legal approach, namely by using an approach that focuses on seeing the law through a combination of normative analysis (juridical legal norms) and non-legal science approaches. The data used are primary data and secondary data using qualitative analysis. The results of this study indicate that legal protection of Intellectual Property Rights based on the Copyright Law of 2014 is preventively provided to prevent an infringement of a copyrighted work, especially new creative dance creations, preventive actions that can be taken to protect dance creations. A new creation is by recording the work as regulated in Articles 66-67 of the Copyright Law. This legal protection is given to find a form of a solution in defending the rights of the creator of the work. The obstacle is a lack of understanding of the importance of copyright registration, the registration procedure and process, which are still considered complicated, and the registration fee, which is still deemed burdensome to artists.
THE PARTICULARITY OF THE CONFLICT OF LAWS IN MOROCCO: THE INVERSED CASE OF THE PERSONAL STATUTE OF FOREIGNERS. Sayf Eddine Essadik
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i1.2461

Abstract

Morocco has one of the oldest international private law statutes that are still working, to some extent. The environment in which that law was adopted and the current environment in Morocco are in complete and utter discord. Yet somehow, this statute stayed in effect and even today is applicable in competition with other laws. This paper strives to elucidate the complexity jurists in Morocco must deal with due to the absurdity in matters of the personal statute of foreigners. This paper seeks to explain the historical and legal basis for Morocco's approach to international private law, particularly in matters concerning the personal statute of foreigners. Not only has the general theory (qualification, public order, renvoi, and evasion of law) evolved in a specific way, but so has the application of these principles to the subject matter, the personal statute. Given the importance of the historic element in the adoption and development of this field, the method used for this study is juridical normative with historical-descriptive characteristics; a historical description is required. The research method used is qualitative. The findings of this paper will highlight the need for change or clarification of the confusion that this blending of different legal provisions causes for legal professionals and partitioners alike.
SUPREME COURT DECISIONS ON PUBLIC INFORMATION AND PERSONAL DATA PROTECTION Brierly Napitupulu
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i1.2559

Abstract

The information disclosure issue to the public prompted the Supreme Court to issue a Regulation in the form of a Decision of the Supreme Court concerning Information Disclosure in Courts, which was supplemented by a Decision of the Supreme Court concerning Guidelines for Information Services in Courts. This decision resulted in the existence of the Supreme Court Decision Directory that allows the public free access to a copy of each case's entire decision. Meanwhile, the Criminal Procedure Code limits the distribution of copies of decisions in cases where not everyone can obtain a court decision. The objective of this research is to know how the legal protection of the parties' personal data in the Directory of Decisions of the Supreme Court, especially in criminal cases. Data analysis was performed using legal theory and related legislation, with doctrinal research, concept, and statutory approach methods. The conclusions obtained by the Supreme Court Decision Directory have not fully provided legal protection for the Personal Data of the Parties, especially the Defendant. The KMA SK, which is the technical guideline for information disclosure in court, does not mention Defendant's privacy rights and also the privacy rights of third parties.
RELEVANCE OF RELIGIOUS COURT DECISIONS REGARDING DISPENSATION IN CHILD MARRIAGE Rifki Fakihudin; Pramestya Raharjanti; Muhammad Wahyu Saiful Huda
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i1.2567

Abstract

Child marriage in Indonesia is very vulnerable and has been increasing in recent years. In fact, the granting of marriage dispensation in the Religious Courts triggers several legal consequences that arise. Whereas in practice the judge's consideration is not always accepted regarding the marriage dispensation, the judge can also decide to reject the application for child marriage by looking at the existing legal aspects. Based on these problems, the author explains two problems that are the focus of this paper, namely how the legal consequences of the marriage dispensation on child marriage and the relevance of Religious Court Decisions with positive law. This study used empirical juridical research methods. Using secondary data through literature studies such as laws and regulations, court rulings, and legal theory, the method of data analysis uses qualitative methods. Then, this research conducted an empirical study of the literature from online sources. With the receipt of the application for dispensation for marriage, the right to be able to carry out marriages will be obtained so that the marriages carried out are legally recognized by the state and religion. However, even if the judge rejects the application for dispensation for marriage, the applicant can file an appeal at the Supreme Court. In fact, the role of judges is very important and judges also need to be selective when issuing a request for a marriage dispensation so that the increase in child marriage in Indonesia can be prevented.
CHARACTERISTIC OF ILLEGAL ONLINE LOANS IN INDONESIA Dwi Tatak Subagiyo; Lorensia Resda Gestora; Sulistiyo Sulistiyo
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Financial technology is a business that provides financial services by utilizing cutting-edge software and technology. Online loan providers are financial service providers that operate online using information technology. They are well-known for having a simple process and are particularly useful in the current situation, where there is an urgent need, but no funds are available. In less than two years, dozens of financial technology companies have started lending online in Indonesia, far exceeding many people's expectations. However, when applying for credit, many consumers do not consider or care about the legality of online lending institutions. Based on the above description, this research aims to determine the main characteristics of illegal online loans in Indonesia, as well as the legal responsibility of illegal online loan providers to borrowers. The approach used in normative research refers to legal norms, which are laws, regulations, court decisions, and societal norms. The results of the studies showed that characteristics of illegal online loans in Indonesia are often associated with the word illegal because the online loan often has not been or is not authorized by the OJK; this happens because there are requirements that the online loan provider cannot meet. This online loan uses peer-to-peer landings and financial technology (Fintech), authorized in Regulation 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services governs fintech. Illegal online loan providers can be subject to several sanctions, including; administrative sanctions, criminal sanctions, and civil sanctions.
ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLOYEES IN INDONESIA AND GERMANY Putri Ariqah; Siti Anisah
Indonesia Private Law Review Vol. 3 No. 1 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Employees have special rights in the settlement of bankrupt debts to obtain their rights as regulated in the Indonesian Bankruptcy Law. However, employees must compete with other creditors who also have privileges under bankruptcy law, such as the tax office, insurance policy holder, and bankruptcy fees. Due to the existence of several special creditors, employees do not get their rights in the first order as regulated in the labor law. This study aims to determine the mechanism for filing bankruptcy against debtors in terms of legal entities and the position of employees in paying bankruptcy debts compared to other creditors in the Indonesian and German legal systems. This type of research is normative legal research conducted by examining library materials or secondary data. This study analyzes the mechanism for filing bankruptcy against debtors as legal entities according to the Indonesian and German legal systems which are divided into 3 (three) stages, namely registration, trial, and implementation of the bankruptcy decision. The position of employees in the settlement of bankrupt debts differs between Indonesia and Germany. In Indonesia, for the payment of ''wages'', the position of employees has a ''privilege'' which takes precedence over other creditors. However, for the settlement of ''other rights'' owned by employees, they do not have a privileged position as wages, so they are not included in priority payments. Whereas in Germany, there is a special feature called “bankruptcy money” where the payment of three months' wages will be paid at the preliminary stage of the bankruptcy proceedings. In addition, the position of rights to the social plan, the position of employee receivables are payments that are prioritized over other creditors. Finally, rights that are not included in the bankruptcy money, whose position in a settlement is after the demands of the creditor whose position is higher than the unsecured creditor have been fully fulfilled.

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