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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. 5 No. 1 (2024)" : 6 Documents clear
JURIDICAL ISSUES IN EMPLOYMENT TERMINATION DUE TO FORCE MAJEURE Subagiyo, Dwi Tatak; Widjangkoro, Hanung
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3156

Abstract

Termination of Employment Relations (PHK) represents a highly distressing event for workers, as it disrupts their livelihoods and results in significant economic challenges. Layoffs can lead to various conflicts and difficulties, underscoring the need for protective regulations that safeguard workers' rights. In the context of employment disputes related to force majeure, the COVID-19 pandemic fits within the force majeure category due to its unforeseen and uncontrollable nature, which impedes the company's ability to fulfill its contractual obligations. Judicial decisions, such as Case Number 30/Pdt.Sus-PHI/2020/PN Gresik, demonstrate how courts can fairly adjudicate employment cases by applying principles of force majeure, thus providing a balanced approach to resolving disputes arising from such unprecedented circumstances.
DOWRY PRACTICES IN LAMPUNG PESISIR TRADITIONAL MARRIAGES: AN ISLAMIC LEGAL PERSPECTIVE Susanti, Restika
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3185

Abstract

In Indonesia, Islamic law requires that the giving of a dowry in marriage involves mutual agreement between the prospective groom and bride. In Padang Ratu Village, the practice of dowry does not deviate from Islamic principles. Instead, the dowry amount is agreed upon by both parties, influenced by the prospective bride's family's demands for specific amounts and forms of dowry, which may include money and goods. If the prospective groom’s family agrees to these terms, the marriage can proceed. This research explores two main questions: the implementation of traditional dowry practices in Lampung Pesisir, Padang Ratu Village, Wonosobo District, Tanggamus Regency, and the Islamic legal perspective on these practices. The research employs normative legal research with a descriptive approach, utilizing historical and legislative methods. Secondary data are analyzed qualitatively. The findings indicate that while only half of the dowry amount is explicitly mentioned during the marriage consent process classifying it as musamma dowry the practice of providing dowry in the form of goods does not contravene Islamic law.
TESTING THE OMNIBUS LAW CONCEPT IN LEGAL THEORY: EVALUATING ITS EFFECTIVENESS AS A TOOL FOR SOCIAL ENGINEERING Purwanda, Sunardi; Wiwin, Wiwin; Pransisto, Johamran; Musran, Andi
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3370

Abstract

This research examines the enactment of Law Number 6 of 2023, which formalizes Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation. The law reflects the Indonesian government's efforts to create and expand employment opportunities. However, it is crucial to investigate whether these efforts align with the broader interests of the community or merely serve the ruling elite's agendas. This study assesses whether the law, with its various mechanisms, effectively addresses social conditions in line with the government's objectives—such as reducing unemployment, accommodating new workers, and fostering the growth of cooperatives and MSMEs—or whether it diverges from these goals. A socio-legal approach is employed to analyze whether the government's interests genuinely reflect the community's needs.
UNDERSTANDING SOLE PROPRIETORSHIP UNDER THE JOB CREATION LAW: A LEGAL HERMENEUTICS PERSPECTIVE Yusuf, Muhammad Arham
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3414

Abstract

The issue of tender offers has gained prominence due to several high-profile cases involving the takeover of public companies, which have led to significant losses for shareholders, particularly public shareholders. The regulatory framework governing takeovers and tender offers is primarily established by Law No. 8 of 1995 concerning the Capital Market and Government Regulation No. 27 of 1998. The enactment of Law No. 21 of 2011 concerning the Financial Services Authority (OJK) in 2011 marked a significant shift in regulatory oversight, transferring authority over macroeconomic matters, including takeovers and tender offers, from Bank Indonesia to OJK. A notable example is the 2020 takeover of PT Garudafood Putra Putri Jaya Tbk. of PT Mulia Boga Raya Tbk. This study seeks to analyze the regulatory arrangements for tender offers in Indonesia and evaluate the impact of such takeovers on the public companies involved. The research employs normative legal research methodologies with a statutory approach, utilizing both primary and secondary legal materials.
INTERSECTING MEDICAL AND LEGAL RESPONSIBILITIES IN INDONESIA Komalasari, Rita; Mustafa, Cecep
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3211

Abstract

The primary objective of this research is to illuminate the evolution of medical responsibility in Indonesia over time. By examining the complex interplay between law and medicine, social transformations, medical advancements, and shifting legal perspectives, this study seeks to enhance understanding of medical responsibility in Indonesia. Utilizing an interdisciplinary approach grounded in the "Social Construction of Technology" (SCOT) theory, the research employs historical analysis to trace the origins of medical responsibility, its evolution, and the impact of various legal frameworks and cultural shifts in medicine. The study integrates qualitative data from legal and medical sources to provide a comprehensive view. Findings reveal that the evolution of medical responsibility in Indonesia is closely tied to the adoption of, and subsequent resistance to, entrenched notions within medical discourse. The research identifies a trend towards greater judicial independence from traditional medical narratives and an increased willingness to scrutinize established medical practices, particularly in the context of technological advancements. By situating these developments within Indonesia's historical and cultural context, this research enriches the understanding of medical liability's progression and ongoing transformation within a dynamic healthcare landscape. It addresses gaps in existing literature and offers a nuanced perspective on the interaction between law and medicine concerning medical liability.
LIABILITY OF TEMPORARY LAND DEED OFFICIALS FOR NEGLIGENCE IN READING DEEDS DURING SALE AND PURCHASE TRANSACTIONS Ajie, Dimas Ghifari; Yunithawati R , Yenni; Laela F, Efa
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3409

Abstract

Land Deed Officials (PPATs) play a crucial role in ensuring the legal certainty of the authentic deeds they prepare. Temporary PPATs share the same primary duties and authorities as regular PPATs and are required to comply with relevant regulations. The issue arises when a Temporary PPAT fails to read the authentic deed in front of the parties, leading to questions about responsibility and legal consequences. This research examines these concerns in light of Government Regulation Number 24 of 2016, which amends Government Regulation Number 37 of 1998 concerning the Position of Land Deed Officials. Employing a normative juridical research method, the research analyzes secondary data from legal materials, complemented by primary data gathered through interviews. The research is descriptive-analytical, using qualitative juridical data analysis. The findings reveal that a Temporary PPAT’s failure to read the authentic deed before the parties, as required by Article 22 of the Government Regulation on the Position of PPAT, results in the deed being classified as an underhand deed or null and void. This negligence has legal ramifications, including administrative, civil, and criminal liability. The Temporary PPAT can be held accountable if it is proven that their failure caused harm to the parties, leading to potential sanctions if the Temporary PPAT’s unlawful actions are substantiated.

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