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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 61 Documents
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LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA) Puspita Putri Ramadhani; Hasbir Paserangi; Wiwie Heryani
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.v2i2.2319

Abstract

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.
LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT King Faisal Sulaiman; Iwan Satriawan
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.v2i2.2328

Abstract

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.
ESTABLISHMENT OF A SOVEREIGN WEALTH FUND THROUGH INVESTMENT MANAGEMENT INSTITUTION IN REALISING OPTIMISATION OF FOREIGN INVESTMENT Muhammad Trianda Kusuma; Tariq Hidayat Pangestu; Ricky Raytona
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.v2i2.2376

Abstract

Investment can encourage the acceleration of a country's development. Foreign investment improve country's economy either with partial or complete control by the asset owner or depending on international agreements used in determining the scope of investment. However, several factors hinder the entry of foreign investment in Indonesia. To overcome this, government with parliament through Law Number 11 of 2020 concerning Job Creation emphasise the legal politics of forming a quo law-oriented towards improving the investment climate in Indonesia, one of which is the establishment of the Indonesian Sovereign Wealth Fund (SWF) under the name Investment Management Institution or Lembaga Pengelola Investasi (LPI). The purpose of this study is to see how the government's political will in attracting foreign investment is through the establishment of Law Number 11 of 2020 concerning Job Creation and the legitimacy of using the SWF model in the Investment Management Institute (LPI). This research uses a combination of juridical-normative and comparative case study methods. The juridical-normative method is carried out by identifying library materials. Through the comparative case study method, the research will analyse the formation and concept of SWF in India and Russia. This study found that, the LPI plays a vital role in infrastructure financing on national strategic projects and can encourage increasing national foreign exchange. Also, the exact source of institutional funds originates from foreign investors as in the Indian and Russian state mechanisms.
THE LAWS PROTECTING CHILD WITNESS IN GIVING EVIDENCE: Harmonization Between Malaysian Laws and As-Shariah. Mohamad Ismail Bin Mohamad Yunus; Nik Rahim Nik Wajis; Mualimin Mochammad Sahid; Nurliyana Shahira Baharli
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.v2i2.2401

Abstract

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.
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

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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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