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pratiwi puspitho andini
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jalan gajah mada XI no 19
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INDONESIA
Journal of Private and Economic Law
Published by Universitas Jember
ISSN : -     EISSN : 27978702     DOI : https://doi.org/10.19184/jpel
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
The Journal of Private and Economic Law (ISSN 2797-8702) is a refereed journal published by the Private Law Department, Faculty of Law, University of Jember, Indonesia. The Editorial Board ensures that all papers published in this journal were under a double-blind peer review. Articles submitted to this journal should cover contemporary issues of private and economic law, under doctrinal, comparative, and socio-legal approaches. Manuscript submissions should be between 6,000-10,000 words in length, although shorter papers relating to the policy with international and comparative perspectives will be considered. The peer-review process and decision on publication will be normally completed within 60 days of receipt of submissions. Please see our Instructions for Authors for information on manuscript submissions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1 No 1 (2021): May 2021" : 5 Documents clear
Pendaftaran Tanah Sistematis Lengkap Sebagai Dasar Perubahan Sistem Publikasi Pendaftaran Tanah Bhim Prakoso
Journal of Private and Economic Law Vol 1 No 1 (2021): May 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (589.489 KB) | DOI: 10.19184/jpel.v1i1.23859

Abstract

Land is a two-dimensional part of the earth in the form of land, which essentially has a dual function for human life. Given the importance of land, the government needs to regulate it in the hope that it can provide welfare, happiness, and certainty to rights owners. With regard to rights, it is necessary to have evidence, namely a certificate issued by the Land Office. The mechanism for issuing certificates by referring to the land registration system with a negative system has a positive tendency, but this system still causes problems in the land sector. Starting from these problems, the government created a complete systematic land registration program (PTSL), with the hope of providing certainty to the community that owns land rights. PTSL can be indicated as a method for changing the land registration system to a positive system. The status of the certificate in the positive system, which is the proof of absolute land rights and the only proof of land rights. The main characteristic of the positive system is that land registration/registration of land rights is guaranteed perfectly because the name registered in the land book is indisputable, even though it turns out that it is not the rightful owner of the land. We must admit that negative systems have a positive tendency to have many weaknesses and therefore need to be ended. And the land registration system in the future shifts to land registration with a positive system, with the aim of creating legal certainty, protecting the interests of land rights holders (certificate), of course, it is mandatory for applicants for rights to be based on and/or based on good faith as well as the correctness of physical and juridical data. KEYWORDS: PTSL, Land Rights, Land Registration System.
Kecakapan Subjek Hukum Lanjut Usia Penderita Demensia Andika Putra Eskanugraha
Journal of Private and Economic Law Vol 1 No 1 (2021): May 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (672.651 KB) | DOI: 10.19184/jpel.v1i1.23908

Abstract

ABSTRACT: People as legal subjects must be protected as holders of rights and responsibilities. The protection is provided by the state within the framework of statutory regulations as a product of the state law. The state should bear legal certainty in regulating a person's ability to act legally. This arrangement is essential considering the minimum age limit and the provisions or requirements for being proven to be legally competent. The age requirement within the minimum limit determined by a statutory regulation varies broadly. The diversity of age thresholds has led to several critics and suggestions within the academic community for a uniformity of legislation. The maximum limit of a person's proficiency has never been discussed in a statutory regulation. This maximum limitation is very vital considering that humans who have lived for a long time, are confirmed to have physical limitations and mostly affect their ability particularly in law. The ability of a person is going to have a deficiency once getting older. There is no limit to the maximum age of proficiency, which creates many legal problems that can arise in the community. This is because someone has dementia and other people do not know it apart from family members. The agreement made by a person experiencing dementia affects the person concerned specifically in article 1320 point 2 Burgerlijk Wetboek. Aging problems, which cause dementia, can be addressed by the government in terms of a person's ability, limitation can be made in a statutory regulation as a form of protection. KEYWORDS: Ability, Legal Subjects, Dementia.
Hak Masyarakat Adat Atas Tenurial dalam Kerangka REDD Dominikus Rato
Journal of Private and Economic Law Vol 1 No 1 (2021): May 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (545.176 KB) | DOI: 10.19184/jpel.v1i1.23538

Abstract

ABSTRACT: The international debate regarding the appropriate institutional and financial formulas and mechanisms in the framework of REDD+, SMF and enhancement of forest carbon stocks in developing countries continues. REDD+ is a concept of reducing greenhouse gas emissions caused by the conversion of forest functions to non-forestry, massive deforestation, resulting in a decrease in the quantity and quality of forests in developing countries, especially rainforest countries such as Indonesia, Brazil, Malaysia, which impact on decreasing the quality and quantity of O2. Indonesia has become an active player in the project. However, in the midst of this debate, the issue of certainty over tenurial rights over land and forest resources for indigenous peoples is still marginalized. This study was conducted using a socio-legal approach to protected forest communities in Alas Purwo - Banyuwangi, East Java. With the theories of social sciences, ecology, and customary law, it is found that indigenous peoples who depend on the forest, namely the people who live around the forest, consider that the forest is not only a source of livelihood, but also as a habitat in which they forming communities and civilizations. However, there is a single view that forests are a source of wealth economically. Therefore, forests as a source of regional economy through regional autonomy and increased local revenue continue to be exploited without paying attention to the tenure rights of indigenous peoples. That is the source of the conflict which becomes a time bomb with a devastating explosion if social, cultural and political communication is not immediately carried out to understand the mindset of indigenous peoples and reduce excessive forest exploitation. Finally, it was suggested that discussion of the rights of indigenous peoples living in rainforests should also discuss legal, economic and political protection. KEYWORDS: Indigenous Peoples, Tenurial Rights, REDD+.
Legal Working Paten di Indonesia Berdasarkan TRIPs: Perbandingan India dan Sri Lanka Irfan Dwi Syahroni
Journal of Private and Economic Law Vol 1 No 1 (2021): May 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.153 KB) | DOI: 10.19184/jpel.v1i1.23873

Abstract

Article 20(2) of the 2016 Patent Law provides more clarity that such implementation must support technology transfer, absorption of investment, and/or provision of employment opportunities. However, Article 20 of the Patent Law is no longer in line with current developments, in which among countries in Southeast Asia, only Indonesia applies local working. The local working policy is currently a concern because it requires patent holders to work on patents locally. The local working policy requires that the patent recipient produce the patented product or apply a patented process in the country of the patent issuer. Therefore, this article seeks to stipulate that the Patent Law, which requires local working, will not conflict with the TRIPs Agreement. Considering India and Sri Lanka, this article looks at several aspects of implementing local working policies. In India, in the Patents Act 1970, the Indian approach required local patent work, leading to compulsory licenses in cases where the conditions were not met. In other words, it grants a compulsory license for failure to work under Article 31 of the TRIPs. Sri Lanka implemented a local working policy to overcome the potential disadvantages of the lack of a coherent legislative framework to facilitate local patent work. It benefits from modifying its current approach to compulsory licensing. With this comparative study, the Indonesian government can introduce local working requirements and processes to domestic patents while still paying attention to the public interest. KEYWORDS : Patent, Local Working, TRIPs Agreement.
Logo dan Tagline “Siak The Truly Malay” Kabupaten Siak Provinsi Riau dalam Hukum Kepariwisataan Adi Tiara Putri; Ledy Diana
Journal of Private and Economic Law Vol 1 No 1 (2021): May 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.784 KB) | DOI: 10.19184/jpel.v1i1.23554

Abstract

Regional logos and taglines are useful for promoting areas to attract tourists. With the logo and tagline, it can introduce interesting culture and tourism in the area. In general, the logo and tagline of an area will reflect something unique to that area. logos and taglines also become the identity of an area. In general, what is used as a logo or tagline from an area is a characteristic or something that can remind you of an area, such as its special food, its distinctive dances, tourist attractions, regional characteristics, and many others. So with the logo and tagline, people will easily remember an area. Likewise the logo and tagline used by Siak Regency, namely Siak the Truly Malay. The logo and tagline show that tourism in Siak Regency is based on Malay culture because Siak Regency also adheres to the Malay culture and the Malay culture in Siak Regency is very strong. The Siak Regency logo and tagline also introduces the many types of culture that exist in Siak Regency, with this it will attract a lot of tourists to get to know more and learn about the culture and tourism in Siak Regency. The type of research used is juridical normative with a statutory approach and a case approach. The research also examines the legal aspects of the tourism logo and tagline in Siak Regency according to the tourism law. KEYWORDS : Logo and Tagline, Tourism Law, Malay Culture.

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