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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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RESPONSIBILITY OF THE BOARD OF DIRECTORS FOR VIOLATIONS OF GOOD CORPORATE GOVERNANCE PRINCIPLES IN THE MANAGEMENT Thelisia Kristin; Amad Sudiro; Nicolaas Sugiharta
Indonesia Private Law Review Vol. 3 No. 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i2.2373

Abstract

Taking into account the provisions of the Articles of the Limited Liability Company Law, it can be stated that there are no provisions governing the application of the GCG principles. because it only stipulates that the company is obliged to comply with all good things in a corporation, but it does not regulate the forms of GCG. itself, the procedures for implementing GCG, what are the responsibilities of a Board of Directors if the principle is violated and what are the sanctions that must be given to those who violate it. In that regard, this norm can certainly cause legal uncertainty. This paper use normative legal research method. Management responsibilities may emerge if there is a violation of GCG principles in the management of PT which can be in the form of: Civil and criminal liability.
IMPACT OF MARRIAGE UNDER CHILDREN IN THE PERSPECTIVE OF MARRIAGE LAW AND THE CIVIL CODE Rudolf Johanes Hasoloan; Azril Rozzaqi
Indonesia Private Law Review Vol. 3 No. 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i2.2475

Abstract

Marriage is an inner and outer bond between two human beings in carrying out the household ark for social and state life. Nowadays, there are often early marriages which have a negative legal impact. The purpose of this study is to determine the impact of early marriage according to the Marriage Law and the Civil Code. This research was conducted using normative juridical research methods. This method includes library law research, which in this study will be carried out using literature (libraries), both in the form of laws and regulations, books, notes, journals and others. The results of this study indicate that there are many impacts caused by the occurrence of underage marriages. Judges usually grant marriage dispensation applications for underage couples because of the urgency to eliminate large losses. The state has set regulations on the age limit for marriage so that various problems arising from marriage can be resolved properly. Early marriage can cause social problems and various legal problems for children. Legal arrangements regarding marriage have been regulated by the state so that citizens must be subject to the law.
THE THE DEVELOPMENT OF PRIVILEGED COMMUNICATION RULE UNDER THE MALAYSIAN EVIDENCE ACT 1950 Mohamad Ismail Bin Mohamad Yunus
Indonesia Private Law Review Vol. 3 No. 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i2.2511

Abstract

It is observed that if there is a civil dispute between the parties, they may try to settle it outside court, for example, by using the process of alternative dispute resolution. When there is actual cause of action between the parties, the settlement might be done through negotiations. If such negotiation settlement fails, they might bring the matter to the court and if any party wants to admit the damaging statements made during the negotiation, these statements or communications are privileged as “without prejudice communication” under s. 23 of the Malaysian Evidence Act 1950.The issue is whether the law requires some changes and new mechanism to adapt ‘without prejudice’ privilege at present. Is the rule absolute? What are the exceptions that have been ruled out by the Court which can be considered as the limitations of the rule? The objective of this paper is to discuss the matters
THE IMPACT OF TRIPS AGREEMENT ON THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAWS IN INDONESIA Dewi Sulistianingsih; Raden Muhammad Arvy Ilyasa
Indonesia Private Law Review Vol. 3 No. 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i2.2579

Abstract

The purpose of this study is to analyze the impact of the TRIPs agreement on the development of intellectual property law in Indonesia. In the current era of globalization, the protection of intellectual property rights is related to global-scale trade at the international level. Protection of intellectual property rights becomes an important issue wherein the current era the development of technology, information and communication have developed very rapidly which gave rise to innovations. Therefore, it is necessary to study how the impact regarding the emergence of TRIPs and how the adjustments made by Indonesia so that the WTO/TRIPs Agreement is in accordance with the political dynamics of intellectual property law in Indonesia. This research is a doctrinal legal research based on secondary data. The materials used come from literature studies that focus on the study of intellectual property. Property rights become an important issue in the business world where business actors offering services or a product want to get guaranteed protection of intellectual property rights. One of the developments in intellectual property protection in Indonesia was affected by the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs Agreement) which was found in the Uruguay Round agreement in the framework of GATT (General Agreement on Tariffs and Trade). Indonesia also agreed to the Uruguay round of GATT by adjusting intellectual property laws that have been regulated in TRIPs which marked the opening of provisions regarding TRIPs with in Indonesian legal system. Therefore it becomes Indonesia's obligation to harmonize and synergy exiscing the legal instruments and strict law enforcement in the protection of intellectual property in Indonesia.
THE ROLE OF THE NOTARY REGIONAL SUPERVISORY BOARD IN RESPONDING TO VIOLATIONS OF NOTARY DUTIES AND POSITIONS Rastra Ananda; Rohaini Rohaini; Siti Nurhasanah; Sunaryo Sunaryo
Indonesia Private Law Review Vol. 3 No. 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i2.2684

Abstract

The Notary Supervisory Council (MPN) is here to improve services and legal protection for the public who use notary services. However, nowadays, there are more and more irregularities committed by notaries in carrying out their duties and positions, both administrative in nature and resulting in material losses to the public who use notary services. The imposition of sanctions is an effort by MPN, especially the Regional Supervisory Council (MPW) in order to provide sorrow for notaries who violate and appeal to other notaries. There were 40 violations in the implementation of notary duties and positions in the 2016-2020 period, during this period the increase and decrease in the level of violations of notary duties and positions in the Banten area was inconsistent. The implementation of sanctions imposed by MPW has not been optimal, as evidenced by the results of the study, namely an increase and decrease in the level of violations of notary duties and inconsistent positions in the region. In addition, there are several obstacles encountered by MPW as a body that supervises notaries, namely the lack of cooperation between notaries and MPW in enforcing the UUJN and the Notary Code of Ethics, the indifferent attitude shown by the notary during the examination session and the busyness of each MPW member in their respective offices. each relevant agency. Some solutions that can be done are routinely conducting socialization in terms of increasing notary professionalism, strengthening relations between notaries and MPW as well as conducting internal, external, repressive and preventive supervision.
EXECUTION OF FIDUCIARY GUARANTEE ON THE MOTOR VEHICLE FINANCING AGREEMENT Kifah Akifah
Indonesia Private Law Review Vol. 3 No. 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v3i2.2783

Abstract

Guarantee fiduciary this is basically for make it easy Public in get help credit, howeve iin implementation still arise various problem. Among them is in Thing execution guarantee fiduciary, where is the action arbitrary moment billing still bloom happen. Problem execution guarantee fiduciary return Becomes attention public post decision Court Constitution Number 2/PUU-XIX/2021 on August 31, 2021. There is an assumption that Decision Court Constitution the give convenience to company financing for execute guarantee fiduciary. Destination study this is (1) for analyze execution guarantee fiduciary in agreement financing vehicle motorized post Decision Court Constitution Number 2/PUU-XIX/2021, and (2) for analyze enforcement law to violations committed by debt collectors ( debt collectors ). Study this use method study law normative, with approach law. Fiduciary guarantee is basically conseptualized in order to deliver acess for public to gain credit. However in its implementation, it still arises various problem. Ome of the problem is its execuition. This problem become public attention after the decision made trough court contitutionale Number 21 PUU-X/X/X/2021 on August 2021. There is an assumtion that the decision of constitutional court to company financing for fiduciary guarantee. The purpose of this study is: first analyzing execution in fiduciary guarantee in agreement financing motorized vericle after the constitutional court decision Number 21 PUU-X/X/X/2021 was made. Second, this study also interded to analyze law enforcement to violations commited by debt collectors. This study use normative legal method consisting of legal approach.
PROVIDER'S RESPONSIBILITY FOR DATA PERSONAL CONSUMER ASSOCIATED WITH PRIME CARD REGISTRATION Anugrah Prima Utama
Indonesia Private Law Review Vol. 4 No. 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i1.2794

Abstract

To minimize starter packs, the Government, through Regulation of the Minister of Communication and Information Number 12 of 2016 jo. Regulation of the Minister of Communication and Informatics Number 14 of 2017 concerning the Registration of Telecommunications Service Customers requires consumers to send personal data to the operator as a National Identity Number and Family Card Number or biological mother's name. However, this condition needs to be addressed appropriately, bearing in mind that the use of personal data by irresponsible parties without approval or authorization or because electronic system failures are prone to occur. The problems in this research are further examining the legal relationship between the provider and the consumer, the provider's responsibility to the consumer's data regarding starter pack registration, and the legal remedies consumers can take when personal data protection fails. The method used in this research is normative, carried out by reviewing existing laws and regulations and the literature related to the research topic. This study's results indicate a legal relationship between providers and consumers marked by registration recruitment. The provider, in this case, is the party that formulates the agreement, while the consumer only agrees and follows the agreed terms. Furthermore, the operator has responsibility for the telecommunications services it provides, including maintaining legitimacy, truth, accuracy, and relevance, as well as suitability to obtain, collect, analyzing, process, display, store, post, send, disseminate, to destroying personal data by the provisions legislation. And suppose there is a failure to protect the confidentiality of personal data. In that case, consumers can file legal remedies through complaints, civil lawsuits through court and alternative dispute resolution, or prosecution of providers.
IMPLICATIONS OF THE COVID-19 PANDEMIC ON THE IMPLEMENTATION BUSINESS CONTRACTS Mutia Kartika Putri
Indonesia Private Law Review Vol. 4 No. 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i1.2920

Abstract

The spread of Covid-19 has caused many debtors to be unable to carry out their achievements in contracts. The problems in this research are related to force majeure according to civil law in Indonesia, whether what is included in the qualifications for the Covid-19 pandemic can be categorized as force majeure according to Indonesian civil law and the legal consequences of the Covid-19 pandemic related to the implementation of business contracts. This type of research is normative legal research and descriptive research. The results of the study show that the characteristics of force majeure in civil law in Indonesia are not regulated in the Civil Code. Force majeure refers to events that cannot be predicted by humans or are related to natural events. The proof is that the cause of force majeure may not necessarily be categorized as force majeure. Several force majeure characteristics must be met as a reason for force majeure due to the Covid-19 pandemic by the debtor. This shows that the use of force majeure reasons still has a heavy burden and responsibility on the part of the debtor, there are restrictions on the application of force majeure. There are also incidents in the form of the Covid-19 pandemic or government policies that arose as a result of the Covid-19 pandemic. It needs to be reviewed based on the nature of force majeure and the need for propriety or good faith of the debtor even though an event hinders the fulfillment of achievements.
LEGALITY EXTRAORDINARY GENERAL MEETING OF SHAREHOLDERS IMPLEMENTATION BY SHAREHOLDERS Andhes Tan Satrisna
Indonesia Private Law Review Vol. 4 No. 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i1.2930

Abstract

The General Meeting of Shareholders (GMS) is the organ of the company that has the highest authority in the company, and all decisions relating to the company are stipulated through the GMS after certain conditions have been met as stipulated in the laws and regulations. The purpose of this research is to find out the implementation of the Extraordinary General Meeting of Shareholders (EGMS) and the legal consequences of the Implementation of the Extraordinary General Meeting of Shareholders organized by PT. KOLINGKAS in terms of Law Number 40 of 2007 concerning Limited Liability Companies. This study uses normative legal research methods and uses a qualitative approach. As well as using primary, secondary and tertiary sources of legal materials from books, journals, laws and regulations related to the holding of the Extraordinary General Meeting of Shareholders. The results of the study show that the legality of holding an EGMS by shareholders can be seen from the legal consequences of holding an Extraordinary General Meeting of Shareholders (EGMS) held by PT. KOLINGKAS, in holding the Extraordinary General Meeting of Shareholders, the Plaintiff as a Member of the Board of Directors was not given any defense by the Defendants, in this case PT. KLK and also the plan to dismiss the Plaintiff as Director were not notified in advance to the Plaintiff, the implementation was carried out unilaterally, or the directors did not know about it, so that the Plaintiff was dismissed by the EGMS as stated in Deed Number 06 concerning Minutes of the Extraordinary General Meeting of Shareholders of PT. KLK does not meet the requirements and procedures set out in UUPT and is an unlawful act, then it has violated laws and regulations or it is considered that the decision is legally flawed. So that for fraudulent acts committed by parties within the company, the party conducting the Extraordinary GMS activities can be held liable for civil liability for these actions.
IMPLEMENTATION NATIONAL AGREEMENTS IN THE DIVISION OF COLLECTIVE PROPERTY IN THE TIME OF DIVORCE Yulius Oktaber
Indonesia Private Law Review Vol. 4 No. 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i1.2945

Abstract

This research was conducted to find out the agreement made by the husband and wife before the marriage takes place which is called the marriage agreement or prenuptial agreement which regulates the separation of assets. The joint assets that are formed in marriage are from the time the marriage takes place until the date the marriage bond is broken. Furthermore, based on Article 38 of Law no. 16 of 2019 stipulates that marriages can be dissolved due to: death; divorce; and by court decision. This study uses the Normative Juridical legal research method, whose approach is carried out by examining statutory regulations that can be used as a legal reference in the application of Prenuptial agreements and analyzing the judge's decision at the Bandar Lampung Religious High Court Number: 0004/Pdt.G/2021/PTA.Bdl dated January 27, 2021 as a guideline for sharing joint assets after divorce. The results of this study are that there is a legal position in the settlement of the distribution of joint assets after divorce and shows that the legal position in the settlement of the distribution of joint assets after marriage has been regulated in marriage law and the compilation of Islamic law. Furthermore, the judge's consideration regarding the distribution of joint assets in the Religious Court Decision No.0004/Pdt.G/2021/PTA.Bdl. regarding the divorce decision.

Page 4 of 7 | Total Record : 61

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