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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 2 (2021): November 2021" : 5 Documents clear
Kepastian Hukum Bagi Konsumen Apabila Pengembang Perumahan Dinyatakan Pailit Ira Rizky Firdaus
Journal of Private and Economic Law Vol 1 No 2 (2021): November 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (6248.377 KB) | DOI: 10.19184/jpel.v1i2.25572

Abstract

ABSTRACT This study raises the issue of, first, the failure of the delivery of housing units by housing developers can be categorized as debt in bankruptcy. Second, the status of home ownership that has been purchased by consumers if in the middle of the road housing developers are declared bankrupt. Third, settlement efforts that can be done by consumers if the housing developer is declared bankrupt. This research is a doctrinal law research that uses a statutory approach and a conceptual approach. The results of the study concluded, first, the failure of housing developers to hand over housing units to consumers categorized as debt in bankruptcy because the Bankruptcy Act defines debt in a broad sense so that any form of achievement can be called debt in bankruptcy. Second, the status of ownership of home units that have been purchased by consumers if the housing developer is cut off is still the property of the housing developer completely, because the basis of consumer rights is still in the form of a Binding Sale and Purchase Agreement (PPJB). As a result the unit of the house will become a bankrupt property that will be dealt with by the Curator to pay the debts of housing developers to the creditors. Third, based on the provisions in the Bankruptcy Act, the state of the housing developer that has been cut off resulting in PPJB will automatically become removing and consumers can apply as concurrent creditors for compensation. While according to the Consumer Protection Act, there is no regulation regarding settlement efforts that consumers can make when housing developers are bankrupt, so settlement efforts that can be made by consumers are based solely on the provisions in the Bankruptcy Act.
Online Dispute Resolution dalam Sengketa Bisnis Di Era Digital: Sebuah Konsep dengan Pendekatan Perbandingan Hukum Felix Yuwono; Emanuel Raja Damaitu; Sheila Yudha Pradina
Journal of Private and Economic Law Vol 1 No 2 (2021): November 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (5831.248 KB) | DOI: 10.19184/jpel.v1i2.27562

Abstract

Perkembangan teknologi yang semakin canggih banyak mengubah hidup manusiauntuk memenuhi kebutuhannya. Kegiatan bisnis pun semakin berkembang pula di era digital ini yang menggunakan teknologi sebagai medianya yang disebut dengan e-commerce. Ketika terjadi perselisihan paham atau sengketa pun juga sudah diarahkan menggunakan sistem ODR. Akan tetapi, peraturan perundang-undangan yang ada di Indonesia masih belum memberikan kepastian hukum mengenai pelaksanaan ODR. Melalui pendekatan perbandingan hukum, ditemukan sebuah konsep pengaturan mengenai ODR di Indonesia ke depannya. Negara Canada dan Inggris digunakan sebagai negara pembanding yang telah lebih dulu menerapkan ODR. Pelaksanaan sistem ODR dalam penyelesaian sengketa di Kanada maupun di Inggris sudah diintegrasikan ke dalam sebuah peraturan perundang-undangan sehingga implementasi mengenai sistem ODR sudah dilaksanakan. Akan tetapi masih membutuhkan beberapa perubahan dan perkembangan selaras dengan kebutuhan masyarakat. Sedangkan di Indonesia masih belum mengintegrasikan sistem ODR ke dalam peraturan perundang-undangan secara khusus. Meskipun secara basis regulasinya sudah ada beberapa peraturan perundang-undangan yang dapat mendukung berlakunya sistem ODR, tetapi akan menjadi lebih baik jika diatur ke dalam aturan yang lebih khusus.
Perlindungan Hukum Terhadap Penumpang Ojek Online Yang Mengalami Kerugian Akibat Kecelakaan Tunggal Nelly Elyta Neibaho; Dominikus Rato
Journal of Private and Economic Law Vol 1 No 2 (2021): November 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (7255.845 KB) | DOI: 10.19184/jpel.v1i2.30267

Abstract

The existence of information and communication technology often exceeds the speed of humans globally. One of the fields that modern society is interested in is transportation. Online transportation appears in the midst of a transportation system that is not well organized for some people, online transportation is a solution to a transportation system that is still bad, but on the other hand it is a problem for people who depend on services that do not rely on technology. Online motorcycle taxis are an alternative transportation that invites enthusiasm from the community. However, recently there has been an accident involving an online motorcycle taxi. The accident that occurred was a single accident where the accident occurred due to the negligence of a driver in carrying out his obligations. The research in writing this thesis uses normative juridical research, namely research that is focused on examining the rules or norms in the applicable positive law. The problem approach used is a statutory approach and a conceptual approach. The conclusions obtained from this study are: First, the form of loss for online motorcycle taxi passengers who suffer losses due to a single accident is material and immaterial. Second, the form of legal protection for online motorcycle taxi passengers who suffer losses due to a single accident is divided into two types, namely internal and external. Third, the settlement efforts taken by online motorcycle taxi passengers who suffer losses due to a single accident can be through litigation and litigation. Non-litigation namely negotiation, mediation, conciliation and arbitration. This study provides an overview to the Government and online motorcycle taxi entrepreneurs, especially PT. GOJEK to emphasize and clarify the rules related to licensing the use of motorcycles as public transportation or motorcycle taxis, both online and offline motorcycle taxis, as long as public transportation in Indonesia is not sufficient, so that with the rules that regulate clearly and firmly it will overcome the problem in the event of an accident single.
Perbuatan Melawan Hukum dalam Kebocoran Data Penumpang Lion Air Group Nuzulia Kumala Sari; Edi Wahjuni; Afiif Hadiani Pratiwi
Journal of Private and Economic Law Vol 1 No 2 (2021): November 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (611.655 KB) | DOI: 10.19184/jpel.v1i2.24615

Abstract

ABSTRACT: Nowadays, data that contains the content of privacy matters has become a valuable commodity that is often associated with effective instruments for identifying a person. The case of Lion Air Group passenger data leakage in online forums that has harmed passengers as consumers is contained in Article 36(1) of the Regulation of the Minister of Communication and Information Technology of the Republic of Indonesia Number 20 of 2016 concerning Personal Data Protection in Electronic Systems is only subject to administrative sanctions in the form of oral warnings, written warnings, temporary suspension of activities, and announcements on online sites. The absence of steps taken by Lion Air Group to provide certainty or matters that are compensatory to the consumer makes the rights of consumers are not fulfilled. This paper uses the doctrinal method in dealing with problems relating to unlawful acts committed by two former GoQUo employees as Malindo Air's partners in online flight ticket booking service providers in the leakage of Lion Air Group passenger data. The results of the discussion showed that accessing and stealing other people's personal data as well as spreading information that contains other people's personal data without rights is an illegal act that causes liability in the form of compensation. Losses suffered by consumers both materially and immaterially can be resolved through non-litigation and litigation channels.
Perlindungan Hukum Bagi Pencipta Gambar Livery Bus Yang Digunakan Dalam Mode Game Bus Achmad Mudzakky Al Faruq
Journal of Private and Economic Law Vol 1 No 2 (2021): November 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (5601.706 KB) | DOI: 10.19184/jpel.v1i2.25759

Abstract

ABSTRACT: The image of the bus livery is a characteristic that is owned by bus companies in Indonesia, with the differences in each existing bus, the public can recognize it easily. However, many parties deliberately use this livery bus image without permission from the original creator or copyright holder by using it in the game bus mode, there are even certain parties who are trying to benefit by adjusting the livery bus image through existing social media. This study uses a normative research method with a statutory and conceptual approach. The results showed that legal protection for the creator of the livery bus image used in the bus game mode according to M. Isnaeni's opinion is external and internal. The regulation regarding the protection of works in the form of livery bus images is regulated in Undang-Undang Number 28/2014 about Copyright, which regulates several important points, namely the economic rights of the creators and copyright holders, copyright limitations, types of actions that are not considered copyright infringements, the copyright protection divided into 2, namely protection of moral rights and economic rights. The consequences for bus game mode business actors who use the livery bus image without rights are in the form of claim for compentation in the Copyright Law, and monitor close and even block media accounts of business actors because they have committed copyright infringement by selling and buying images. The livery bus is in bus game mode, the creator can prevent it by giving a license to the work or registering it with the Director General of IPR. efforts to resolve disputes between creators and copyright actors can be carried out in 3 ways, namely mediation, arbitration or court (litigation).

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