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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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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.
ANALYSIS OF INHERITANCE DISTRIBUTION AMONG MINANG COMMUNITY AGAINST HIGH HERITAGE AND LOW HERITAGE Faridha, Erlin; Wiranata, I Gede AB; Rodliyah, Nunung
Indonesia Private Law Review Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.3463

Abstract

This research aimed to examine and analyze the distribution of inheritance within the Minangkabau ethnic community, focusing on the application of customary law. Due to a lack of understanding regarding the proper division of customary inheritance, discrepancies and conflicts frequently arose during the process. This qualitative research employed an empirical descriptive approach and was conducted in Bandar Jaya Barat Village, Central Lampung Regency. The research utilized both primary and secondary data, collected through fieldwork and literature review. The findings revealed that inheritance distribution in the Minangkabau community of Bandar Jaya Barat followed two systems: the matrilineal collective inheritance system and the bilateral individual inheritance system. High inheritance was distributed using the matrilineal collective system, while low inheritance, particularly in Bandar Jaya Barat, was distributed through the bilateral individual system, which did not require approval from Minangkabau customary leaders.
THE ELEMENTS OF TORT IN TURKISH LAW Ay, Yunus Emre
Indonesia Private Law Review Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.3620

Abstract

 According to the Turkish Code of Obligations, one of the sources of obligation is tort. A tort is the damage caused to another person by an unlawful act of a negligent person with a causal link. As can be understood from the definition of tort, the elements of tort are unlawful act, damage, fault and causal link. The elements of tort are not defined in the Turkish Code of Obligations, but are defined by the authors in the doctrine. There is no prior contractual relationship between the parties to the tort. A legal relationship arises between the parties after the tort is committed. The emergence of this legal relationship depends on the realization of the elements of tort. Therefore, in this study, in order to better understand the concept of tort, definitions of the elements of tort shall be made and the contents of the elements of tort shall be explained in the Turkish Code of Obligations. After the definitions are made in the light of the doctrine, the elements of the tort shall be discussed with examples by referring to various sources. Thus, a study shall be conducted for a better understanding of the concept of tort. In this study, doctrinal research method shall be used to analyze the current legislation since it has been the most influential and dominant research method in the field of law in the past and present. It is concerned with the methodical search, analysis, explanation, and justification of the legal framework. This paper is also concerned with methodical search, analysis, explanation, and justification of the Turkish Code of Obligation which regulates tort law provisions. Primary and secondary sources are enjoyed and library based research is conducted. In this way, the provisions of the Turkish Code of Obligation which regulates the tort law shall be discussed in the light of the doctrinal discussion.
CHALLENGES AFFECTING THE COMMERCIALIZATION OF INTELLECTUAL PROPERTY RIGHTS IN THE GAMBIA’S TEXTILE INDUSTRY Ceesay, Muhamed Lamin
Indonesia Private Law Review Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.3667

Abstract

There has been significant deterioration in the textile industry of The Gambia over the years which has resulted to loss of jobs, minimal revenue and preference for foreign goods over locally made. As a result, this study examines the challenges affecting the use of intellectual property rights in the textile industry of The Gambia to maximize the quality and efficiency of their goods and service. Participants were selected through a purposive sampling, and data for this research was collected through focus group discussion with producers, retailers and users of textile; unstructured interviews with three heads of institutions; and an observational study with producers. The data was analysed using the thematic analysis. The findings of the research reveal that the main challenges encountered by the textile industry regarding the use of intellectual property rights in their businesses is due to lack of awareness since most producers, and retailers have never heard of intellectual property rights nor obtained any trainings on it. Also, lack of enforcement against unlawful copying of textiles by infringers has been a great discouragement for many producers and retailers in the textile industry of The Gambia not to acquire intellectual property rights. Furthermore, lack of financial support from the government has affected the growth and productivity of the textile industry of The Gambia. Therefore, the textile industry of The Gambia should receive constant awareness trainings from intellectual property rights which will encourage them to appreciate, register and use their intellectual property rights over the creative works. The Gambian government should also provide the required facilities to police and border control agencies to enforce against unlawful copies of locally made textiles and other sorts of infringements. Equally, The Gambian government should provide enough financial support and award grants to the textile industry.
THE URGENCY OF ARTIFICIAL INTELLIGENCE REGULATION FROM A JOINT AUTHORSHIP PERSPECTIVE ON COPYRIGHT INFRINGEMENT Subagiyo, Dwi Tatak; Wibisono, Hari
Indonesia Private Law Review Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.3962

Abstract

This research, titled Urgency of Artificial Intelligence Regulation from the Perspective of Joint Authorship Against Copyright Infringement, aims to analyze the legal framework governing Artificial Intelligence (AI)-based creations in Indonesia and explore the application of the Joint Authorship perspective to AI-generated works. Using a normative legal methodology, the research focuses on library research involving laws, regulations, and related literature. The findings reveal that Indonesia's Copyright Law No. 28 of 2014 does not adequately address AI-based creations. Specifically, Articles 58 and 59, which reference the "death of the creator," imply that creators are human, creating ambiguity as AI lacks human cognitive abilities and cannot meet the necessary criteria for copyright protection. Additionally, the research suggests that applying the Joint Authorship perspective to AI-generated works could recognize them as collaborative efforts between humans and computer programs. This approach would benefit creators by ensuring shared copyright and acknowledging the contributions of both humans and AI systems in the creation process.
THE ROLE OF THE RIAU PROVINCIAL GOVERNMENT IN ENHANCING REGIONAL ECONOMIC DEVELOPMENT THROUGH POTENTIAL GEOGRAPHICAL INDICATION PRODUCTS Diana, Ledy; Tiaraputri, Adi; Deliana HZ, Evi; Musliadi, Ricki
Indonesia Private Law Review Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.3967

Abstract

The protection of products with potential geographical indications (GIs) is closely tied to the economic benefits they offer to both communities and governments, particularly at the regional level. Local governments play a key role in this effort, as they possess a deep understanding of their region’s superior products. In Riau Province, the government has the authority—under Government Regulation No. 56 of 2022 on Communal Intellectual Property and Law No. 20 of 2016 on Trademarks and Geographical Indications—to inventory, register, and supervise GI products. Notable examples from Riau include Rangsang Liberika coffee and Rangsang sago, which have been successfully registered and now require quality and reputation maintenance. Using empirical legal research, this research finds that the Riau Provincial Government can strengthen the regional economy by mapping GI potential, facilitating registrations, developing protected products, and promoting legal protection and recognition at national and international levels. Although steps have been taken, current efforts remain suboptimal and should be further enhanced to fully realize the economic potential of GI protection in the province.
INTELLECTUAL PROPERTY IN THE AI ERA: ENSURING EQUITABLE ACCESS TO MEDICAL INNOVATIONS Mustafa, Cecep; Komalasari , Rita
Indonesia Private Law Review Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i2.4048

Abstract

The integration of Artificial Intelligence (AI) into the medical field has catalyzed groundbreaking innovations in diagnostics, treatment, and drug discovery, but it also presents complex challenges for intellectual property (IP) law. Traditional IP frameworks are increasingly ill-equipped to address issues of ownership, access, and benefit-sharing arising from AI-generated medical inventions. This research examines the limitations of existing IP laws in the context of healthcare AI, with a focus on their impact on equitable access and innovation. Using a literature review methodology, the research analyzes legal developments, empirical studies, and market trends, framed through Public Goods Theory and Collaborative Innovation Theory. The findings reveal that current IP regimes often foster monopolistic control, impeding access to essential AI-driven healthcare technologies, especially in low-resource settings. In response, the research proposes a collaborative IP ownership model that distributes rights among AI developers, healthcare institutions, and patients. This model supports innovation while promoting equitable access through mechanisms such as flexible licensing, price regulation, and public–private partnerships. The research concludes by recommending legal reforms to encourage global collaboration and ensure that the benefits of AI in healthcare are accessible to all.

Page 6 of 7 | Total Record : 61

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