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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 67 Documents
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THE PRINCIPLE OF PROPORTIONALITY ON DIGITAL BUSINESS AGREEMENTS: BETWEEN MITIGATION AND ORIENTATION Miftah Arifin; Zaenal Arifin; Mac Thi Hoai Thuong
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.v4i1.2954

Abstract

The Agreement as part of civil law is one of everyday life's most frequently performed actions.  This study aims to anticipate the development of digital agreements by contextualizing the provisions of laws and regulations regarding agreements. This research is normative legal research that uses statutory and conceptual approaches. The results of the study confirm that efforts to mitigate digital agreements following contract law are by still referring to Article 1320 of the Civil Code by prioritizing four orientations to minimize risks in digital agreements. First, the preventive orientation by looking at the parties who are invited to enter into agreements. Second, the prudence and proportionality in reading the provisions in digital agreements. Third, the prudence and proportionality of digital agreements by including names as well as identities that can be contacted and can be accounted for by the parties. Fourth, prudence and proportionality in determining the object of the agreement. Furthermore, the orientation of digital agreements based on the principle of proportionality based on philosophical, sociological, and juridical aspects requires specific arrangements, particularly regarding the minimum requirements for implementing digital agreements. That is because the unique characteristics of digital agreements need special arrangements regarding the terms of the validity of digital agreements, which in general still refer to Article 1320 of the Civil Code.
LIMITATIONS OF CLINICAL AUTHORITY AND MEDICAL PRACTICE THROUGH APPLICATION-BASED TELEMEDICINE Chandrika Karisa Adhalia
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.v4i1.2962

Abstract

Telemedicine is a technology-based health service that can be carried out remotely by health workers to improve public health. This study aims to determine the status of telemedicine service provider applications in medical practice therapeutic transactions, the status of doctors' practice licenses (SIP) in telemedicine practice, and the limits of clinical authority that doctors can exercise in providing medical services form of Telemedicine. This research method is normative juridical by analyzing library materials, secondary legal materials, and the results of interviews with informants. The study results found that the telemedicine service provider application is not an official health facility, the SIP used as a requirement in telemedicine-based applications does not comply with applicable regulations, and the limited clinical authority for telemedicine practice is consultation and initial therapy.
THE ROLE OF THE POM AGENCY IN CONTROLLING ANTIMICROBIAL RESISTANCE AS IMPLEMENTATION OF HEALTH LAW NUMBER 36 OF 2009 Yulia Rahmawati
Indonesia Private Law Review Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i2.2979

Abstract

The incidence of antimicrobial resistance (AMR) worldwide is getting worse. The issue of antimicrobial resistance, or AMR, is a new health threat and constitutes 1 in 10 world health threats. AMR is a serious problem in the world of health that must be addressed. Therefore, further studies will be carried out on AMR control by the government according to Health Law Number 36 of 2009 and examine the role of the POM in controlling AMR. This paper uses a normative research method, namely finding material from the literature or applicable regulations and conducting a qualitative analysis. The results of this study, the government has tried to fulfill the mandate of the Health Law by creating integrated AMR control across sectors through Permenko No 7/2021 concerning the National Action Plan for Antimicrobial Control. In addition, the Food and Drug Supervisory Agency laid out the AMR control policy through the Decree of the Head of BPOM No. HK.02.02.1.2.03.20.98 of 2020
COMPARISON STUDY BETWEEN SIMPLE LAWSUITS IN SMALL CLAIM COURT AND USUAL CLAIMS Ridwan Pratama
Indonesia Private Law Review Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i2.2981

Abstract

Settlement of disputes through the courts is not the right choice if the loss is small because what is demanded is not worth what is incurred. Then the Supreme Court issued Perma Number 2 of 2015, amended by Perma 4 of 2019, concerning simple lawsuits. The birth of the Perma has the consequence of a settlement through an ordinary civil lawsuit and a simple lawsuit. Based on this, the authors examine the differences and similarities in settling ordinary civil lawsuits with simple lawsuits and the constraints of both. This research uses a normative-empirical legal method with a descriptive research type with a statutory approach. The data used are primary and secondary data, consisting of primary legal materials, secondary, and tertiary, then data analysis was carried out qualitatively and comparatively. The study results show that: First, the equation of a simple lawsuit and an ordinary lawsuit is to accommodate the classification of lawsuits against the law and default, applying the actor sequitur forum rei principle, there are verses legal remedies, and others. While the difference between a simple lawsuit and an ordinary lawsuit is that in a simple lawsuit, there are various restrictions, such as the value of a material claim is a maximum of IDR 500,000,000.00 and is not resolved through a special court or dispute over land rights, only one party each, the Principal must be present in person at every trial, in ordinary civil lawsuits there are no such restrictions, and so on. Second, there are obstacles to resolving ordinary civil lawsuits, such as a long time, no restrictions on cases that can be appealed, and various obstacles hamper the implementation of decisions. While the obstacles to resolving a simple lawsuit are that the Principal must attend in person at every trial, filing an objection by the Plaintiff nullifies the Defendant's right to file verzet and implement a decision that has not been specifically regulated.
LEGAL PROTECTION FOR PROFESSIONAL NURSES WORKING IN HOSPITAL HEMODIALYSIS ROOMS Yus Baimbang Bilabora
Indonesia Private Law Review Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i2.2986

Abstract

Providing services in the hemodialysis room, doctors, nurses, and even hospitals must also be prepared to be responsible for all related activities. If nurses are required to take actions beyond their authority (collaborative actions), they must get protection for the risks they face. This study examines (1) the procedure for delegating authority from doctors to nurses in providing services in the hemodialysis room, (2) the responsibilities of nurses working in the hospital hemodialysis room, and (3) policies related to legal protection for the professional nurse working in the hospital hemodialysis room. The problem approach used in this research is a normative juridical approach. The normative juridical approach used in this thesis research is the statutory approach. In addition, the research uses secondary data consisting of primary, secondary, and tertiary legal materials. Based on the research results, the procedure for delegating authority from doctors to nurses to provide services in the first hemodialysis room has several stages. First, the implementing doctor must ensure that the authority given is written, the recipient of the authority has the required competence, the willingness of the recipient of authority, and the implementation of hemodialysis under the supervision of the implementing doctor. If the conditions have been met, the delegation of authority can be implemented. Based on the vocational skills and profession of the hemodialysis nurse, delegation of authority can occur on a mandate basis, with active supervision from the implementing doctor. If it is to the requirements for the delegation of authority, then hemodialysis is carried out by skilled nurses under the supervision of the implementing doctor. The responsibilities of a nurse working in a hospital hemodialysis room are regulated based on professional and legal provisions in Indonesia, namely criminal, civil, and administrative. There are several perspectives. Legal protection for nurses in the hemodialysis room is related to competence based on the Regulation of the Minister of Health (Permenkes) of the Republic of Indonesia concerning the Implementation of Dialysis Services in Health Facilities. However, the Standard Operating Procedures for the hemodialysis room are returned to each hospital’s policies.
SOME ASPECTS OF THE REGULATION OF ARTIFICIAL INTELLIGENCE László Kerekes
Indonesia Private Law Review Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i2.2987

Abstract

Today, artificial intelligence is playing an increasingly important role. Isaac Asimov laid down the robotic laws of his literary universe in the science fiction classic I, Robot. In my study, I will examine how these 'laws' are reflected in the legislation of various nations-international organisations, and the justification for their regulation in legal literature-dogmatics In my study, I will present some issues related to the regulation of artificial intelligence. I will also discuss the demarcation of robotic-robotic, some concepts and some governmental regulations. In all this, I will mainly use the descriptive and comparative method. The first chapter of my thesis deals with the ontological characteristics of artificial intelligence. In the second chapter, I present the regulation of some states in the field of artificial intelligence. The third chapter examines the possible perpetrator. It is not possible to stop the development of technology for an extended period. Newer technologies contribute to a more efficient organisation of production and distribution, provide a basis for innovation in business and the amenity/recreational aspect is not negligible. It is precisely for these reasons that I see the need for legal regulation of the newer pervasive technologies. It can be seen, therefore, that the international legal system needs to be ready for the challenges of the 21st century. The research found that current EU legislation aims to guide future legislation and has incorporated a very significant part of Asimov's principles into its regulatory scope.
ANTICIPATING FINANCIAL AND DATA PRIVACY RISK: ASSESSING LEGAL RIGHTS AND RESPONSIBILITIES IN ONLINE SOCIAL GATHERING IN INDONESIA Yulia Kusuma Wardani; Torkis Lumban Tobing; Putri Ariyanti; Depri Liber Sonata; Dianne Eka Rusmawati
Indonesia Private Law Review Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i2.3027

Abstract

The industrial revolution 4.0 has given rise to online social gatherings, which offer an alternative to traditional face-to-face interactions. The agreements and arrangements between organizers and members of social gatherings are conducted through online communication media, resulting in virtual agreements. While these gatherings have numerous benefits, including convenience and accessibility, they expose members to threats such as data privacy violations and financial risks. This study highlights the need to understand and navigate the risks associated with online social gatherings and emphasizes the importance of legal protections for their members. Furthermore, this paper aims to examine the mechanism of online social gatherings, assess their potential risks, and analyze the legal protections available to members in Indonesia. The study employs empirical juridical research methods with a descriptive research type, including collecting sources from reading materials, such as books and laws and regulations, and conducting interviews. The research finds that online social gathering agreements can be classified into innominate agreements, standard agreements, and reciprocal agreements. However, in practical terms, online social gatherings may pose serious threats to members due to privacy violations and fraud-related risks. Indonesia has enacted several provisions and litigation processes to mitigate these potential risks to protect members from such harm. Maintaining a balance between the benefits and risks of online social gatherings is essential to ensure their continued positive impact on society.
BREACH OF PEACE AGREEMENT (HOMOLOGATION) BETWEEN PT LAUTAN WARNA SARI AND PT KERTAS LECES (PERSERO) Maria Mahdalena Juniarti
Indonesia Private Law Review Vol. 4 No. 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i2.3029

Abstract

Peace efforts filed by the business entity PT Kertas Leces (Persero) (hereinafter referred to as the Respondent) in the Debt Payment Obligation Postponement (PKPU) process in collaboration with PT Lautan Warna Sari (hereinafter referred to as the Applicant), which was ratified into a Peace Agreement (homologation) decided by the Commercial Court in Decision No. 05/PKPU/2014/PN.Niaga.Sby. The Peace Agreement (homologation) contains an agreement that must be fulfilled by the respondent to the applicant. However, in its implementation, the respondent was negligent and could not fulfill these provisions so that the applicant filed for cancellation of the peace agreement. The request was granted by the court through Decision Number 1/Pdt.Sus.Cancellation of Peace/2018/PN Niaga.Sby so as to declare the respondent bankrupt with all legal consequences. The research will discuss 2 (two) problems, namely (1) The legal consequences of breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) and (2) Efforts to resolve breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero). The research uses a normative juridical approach, which is a study of the law that conceptualizes the law as norms, rules, regulations and applicable legislation. The research shows that the legal consequences of breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) is the cancellation of the peace agreement because PT Kertas Leces as a debtor neglects to fulfill the agreement in the agreement so that the debtor is declared bankrupt. The debtor also bears compensation and risk transfer through the disposal of the debtor's bankruptcy assets by the curator. In addition, the debtor also pays court costs. Efforts to resolve breachs on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) are through the administration of bankruptcy assets by concurrent with procedures, first, the debtor will pay preferred creditors, namely the normative rights of former employees. Second, the debtor will pay a percentage of the debtor's assets to the state treasury as non-tax revenue from bankruptcy. Third, the debtor will pay other creditors in accordance with their receivables.
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.

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