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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 61 Documents
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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.
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.
THE DOCTRINE OF PIERCING THE CORPORATE REVIEW IN THE COURT DECISION NO. 656/PDT.G/2015/PN.MDN Abdul Rahman Praja Negara
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2310

Abstract

Limited Liability Company (Ltd.) or Perseroan Terbatas (PT) is a legal entity in Indonesia that constitutes a capital alliance formed by an agreement that features a limited liability principle. Limited liability is a principle that limits the responsibility of shareholders to the risk of the Company. However, the principle of limited liability is frequently misapplied, as shareholders look for ways to protect themselves from the risk of more significant losses, to take advantage of all company profits for personal gain. Shareholders who abuse the principle of limited liability for personal gain, on the other hand, will be subject to the Piercing the Corporate Veil doctrine. This doctrine imposes the transfer of liability for personal losses to shareholders who cause harm to the company in bad faith. Based on this understanding, this paper seeks to comprehend the application of the Piercing the Corporate Veil doctrine by analyzing Medan District Court Decision Number: 656/Pdt.G/2015/PN.Mdn. The research method used in this study was normative legal research reviewed with a statute approach and a conceptual approach. The conclusion drawn from the problem is as follows: the regulation regarding the Piercing the Corporate Veil doctrine is borne not only by shareholders but also by the Board of Directors and the Board of Commissioners who fail to implement the principles of fiduciary duty of skill and care. Furthermore, in the case of 656/Pdt.G/2015/PN.Mdn, the judge considered the provisions of Article 3 paragraph (2) of the UUPT in implementing the Piercing the Corporate Veil Doctrine by punishing the Defendants jointly and severally to indemnify the Plaintiff.
THE POLICY MODEL OF DIGITAL-BASED MICRO-BUSINESS ASSISTANCE FOR ECONOMIC RECOVERY DURING THE PANDEMIC Lukmanul Hakim
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2312

Abstract

Micro-businesses have an essential role in driving an economic revival in Indonesia. However, they are particularly vulnerable during the pandemic. The COVID-19 pandemic has significantly impacted the long-term viability of micro, small, and medium-sized enterprises (MSMEs) in the financing, production, distribution, and market demand. This paper argues that an assistance policy model for micro-businesses accelerating the economy during a pandemic is needed. It also raises the question of how government policies in developing micro-businesses. The library method, which relied on secondary data, was used to conduct the research. The result suggests that the ideal assistance model policy for MSMEs in accelerating the regional economy is by using platform-based digital technology so that the flexibility of purchasing raw materials to sales can be integrated into one and reach all consumers around the world. Government policies in developing MSMEs in the new normal era include launching the National Economic Recovery Program, as mandated by Government Regulation Number 23 of 2020, implementing stimulus programs for MSMEs such as interest subsidies and restructuring.

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