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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 6 Documents
 1 
Search results for , issue "Vol 3 No 2 (2023): November 2023" : 6 Documents clear
AKIBAT HUKUM DELISTING TERHADAP PERSEROAN TERBUKA Wahyuni, Rani Eka
Journal of Private and Economic Law Vol 3 No 2 (2023): November 2023
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jpel.v3i2.25647

Abstract

The capital market is one of the alternative sources of funding for both the government and the private sector, so to develop a country's national economy, financing is needed from both the government and the community. In recent years, Indonesia has experienced a significant increase in the number of retail investors in the capital market. In 2020, the number of capital market investors in Indonesia surged by more than 56%, reaching over 3.87 million investors. This growth has been driven by increased accessibility to technology and online trading platforms, which have made it easier for the public to invest. Meanwhile, initial public offerings (IPOs) from companies such as PT Bukalapak and PT GoTo have also had a major impact on increasing market liquidity, although some IPOs have faced challenges related to stock valuations. The issue raised in this research concerns the delisting of publicly listed companies, which has significant implications for investors, particularly in relation to legal protection and the return on investment during forced delisting. Delisting can lead to the loss of stock liquidity and losses for investors who can no longer trade their shares on the regular market. This study aims to examine the legal basis for delisting publicly listed companies and legal protection for investors, as well as to explore dispute resolution efforts that can be undertaken by investors harmed by delisting, using a normative juridical approach. Data collection is conducted through literature studies with primary, secondary, and non-legal sources. This study finds that delisting can have adverse effects on investors, as delisted stocks can no longer be traded normally, leading to the potential for significant losses. However, legal protection for investors in such cases is provided through mechanisms such as the negotiation market and share buybacks by delisted companies, as regulated by the Financial Services Authority. Keywords: Public Company, Go Public, Delisting
PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN KERJA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Nugroho, Dimas
Journal of Private and Economic Law Vol 3 No 2 (2023): November 2023
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jpel.v3i2.25174

Abstract

The covid-19 pandemic has caused PT. Bintang Inti Karya experienced a decrease in income, so the company made a unilateral salary deduction for workers because they were unable to pay workers' salaries as usual. The existence of unilateral salary deductions causes rights disputes between employers and workers. This study uses a normative research method with a statutory and conceptual approach. The results showed that the work agreement at PT. Bintang Inti Karya which is actually a standard agreement, substantially there are still several weaknesses that make the work agreement less than ideal to be used as a basis for carrying out work relations, especially related to dispute resolution. In addition, the work agreement is not in accordance with the principle of freedom of contract because the making of the work agreement does not involve the workers in determining the contents of the agreement. Unilateral salary deductions based on Article 1365 of the Civil Code can be categorized as a form of unlawful act, where the act is not in accordance with the principles of the agreement, namely the principles of pacta sunt servanda, good faith, balance and propriety. Departing from these problems, it is necessary to construct an ideal work agreement as the basis for carrying out an employment relationship. All provisions regarding the rights and obligations of the parties in an employment relationship must be clearly and completely contained in the employment agreement. In addition to referring to the terms and conditions contained in Article 55 paragraph (1) of the Labour Act, a work agreement must contain provisions related to force majeure as well as the mechanism and legal domicile of dispute resolution in order to realize the construction of an ideal work agreement. Keywords: Employment Agreement, Unlawful Acts, Construction.
PENYALAHGUNAAN KARTU KREDIT PEMBELI VOUCHER GAME ONLINE MELALUI E-COMMERCE Paxsi Erlangga, Brillyan Bagas
Journal of Private and Economic Law Vol 3 No 2 (2023): November 2023
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jpel.v3i2.28871

Abstract

Online buying and selling is part of the trade of online games. The case discussed here involves the misuse of a credit card by a buyer of online game vouchers through e-commerce. As in the case experienced by a woman named Martin, she received a notification of a charge of 50 million Rupiah on her e-banking account. The legal fact is that Mrs. Martin’s child conducted online game voucher transactions without parental supervision, resulting in a 50 million Rupiah charge on Mrs. Martin’s credit card. Unbeknownst to the child, the online game account was directly linked to the credit card, causing a significant increase in the credit card bill. This research aims to understand the legal protection for consumers, specifically credit card users who suffer losses due to online purchase agreements conducted through electronic media (e-commerce), based on Law Number 8 of 1999 concerning Consumer Protection. In this journal, a normative legal research method is employed, utilizing theories, regulations, and other legal materials such as books, journals, and related documents. The author adopts two main approaches, namely the Statute Approach and the Conceptual Approach. The research results indicate that Microsoft explained there is still a way to resolve this issue by providing a 14-day review period for all reports that the purchase of online game vouchers was made by a minor without parental supervision. Microsoft decided to refund the money once, corresponding to the purchase of the online game voucher. Thus, in the case above, various legal actions can be pursued by credit card users who are harmed in e-commerce transactions. Following the provisions of Article 19 (3), Article 45 (1), and Article 47 of the Consumer Protection Law, consumer disputes can be resolved both out of court and through the court system. Keywords: Consumer Protection, Online Game, Purchase
TANGGUNG GUGAT INVESTOR REKSADANA TERHADAP INFORMASI SUSPENSI PT. BIBIT ATAS PRODUK REKSADANA PT. SINARMAS ASSET MANAGEMENT Ruroh, Siti Mas
Journal of Private and Economic Law Vol 3 No 2 (2023): November 2023
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jpel.v3i2.25523

Abstract

Law No. 8 of 1995 on Capital Market regulates the obligation of public company issuers and other parties to apply the principle of openness. Article 1 number 25 of Law No. 8 of 1995 on Capital Market explains that "The Principle of Openness is a general guideline that requires Issuers, Public Companies, and other parties subject to this law to inform the public promptly all material information about its business or its effects that may affect the decision of investors on the intended effect and or the price of such securities." Based on the background, the problem formulation is what the basis of Sinarmas Asset Management Inch. liability for claiming the suspension information conducted by BIBIT.Inch . The purpose of Sinarmas Asset Management Inch. liability is to seek compensation for the suspension information conducted by BIBIT.Inch The research method used in this study is the normative juridical research method using a statutory approach, and conceptual approach, and deductive analysis method. The conclusion is a violation of the principle openness conducted by BIBIT.Inch is a mutual fund selling agent that has a cooperation contract with the Investment Manager of Sinarmas Asset Management.Inch as the manager of the securities portfolio by conveying incorrect suspension information and improper advice to investors when purchasing mutual fund securities in fintech applications sent by email has violated Article 79 paragraph (1) of the Capital Market Law and fulfilled the elements of unlawful acts in Article 1365 of the Civil Code. So based on Article 81 paragraph (1) BIBIT.Inch is responsible for the non-implementation of the principle of openness that harms mutual fund investors and Sinarmas Asset Management.Inch. Sinarmas Asset Management.Inch may sue for damages to BIBIT.Inch with the obligation to prove the consequences of BIBIT.Inch based on Article 1365 of the Civil Code jo Article 111 of the Capital Market Law by fulfilling the evidence contained in Article 1866 of the Civil Code. Keywords: Liability, Disclosure Principles, PT Sinarmas Asset Management and PT. BIBIT
AKIBAT HUKUM WANPRESTASI LESSEE DALAM PERJANJIAN SEWA GUNA USAHA (STUDI PUTUSAN NOMOR 690/PDT.G/2011/PN.JKT.SEL) Ula, Robiul
Journal of Private and Economic Law Vol 3 No 2 (2023): November 2023
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jpel.v3i2.25502

Abstract

In order to support equitable development of the national economy, a large amount of capital is needed. The government as a regulator provides a solution by introducing leasing financing institutions. Leasing financing institutions are considered to be more capable of responding to aspects of public capital needs and more flexible in their implementation procedures than bank financial institutions that are generally known in the community. Leasing is a financing activity in the form of providing capital goods by the lessor to the lessee. leasing activities are not regulated in the Civil Code so that their implementation uses the principle of freedom of contract. The legal relationship that occurs between the parties in the lease agreement is a reciprocal relationship and when one of the achievements cannot be fulfilled by one of the parties, it can lead to a default dispute. In practice, it is often done by the lessee which causes losses to the lessor. So to protect the lessor, the lessee has a legal responsibility that he must fulfill in the event of a default. In this case, the author reanalyzes Verdict Number 690/Pdt.G/2011/PN.Jkt.Sel between PT. ITC Auto Multi Finance against Erick Rusmin. The purpose of this study is to find out and understand to what extent the liability of a tenant who does not fulfill the performance of a lease agreement that has been made and agreed upon previously is also to find out the suitability of the judge's legal considerations in deciding to request a lease default in Decision Number 690/Pdt.G/2011/PN.Jkt.Sel with the applicable legal provisions. By using normative legal research (doctrinal) which is elaborated with a statutory approach and a conceptual approach, as well as the use of primary, secondary, and non-legal materials for further deductive-inductive analysis, this research finds problems, including: what is the legal responsibility of the lessee who does not fulfill the performance in the lease agreement and whether the judge's consideration in the decision Number 690/Pdt.G/2011/PN.Jkt.Sel is in accordance with the applicable legal provisions. Keywords : Legal Responsibility, Default, Lease Agreement
TANGGUNG JAWAB PELAKU USAHA TERHADAP PENJUALAN BARANG DAN/ATAU JASA DENGAN SISTEM PROMOSI Diaratih, Anggie
Journal of Private and Economic Law Vol 3 No 2 (2023): November 2023
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jpel.v3i2.40473

Abstract

Promotion is one of the methods to increase sales by business actors and has been proven by increasing public buying interest. There have been several cases where consumers were disadvantaged in the sale of goods and/or services with a promotional system that did not match what was promised. So it takes responsibility from business actors to create comfort for consumers. Included in the law that regulates the promotion of sales of goods and/or services has the aim of creating a sense of security and comfort for both business actors and consumers in buying and selling transactions. The research method used in this paper is a type of normative juridical research that focuses on the application of norms and rules that exist in positive law. The results of the research on the discussion of this thesis are, first, regulations governing the sale of goods and/or services with promotions are provisions contained in Law Number 8 of 1999 concerning Consumer Protection Article 8 paragraph (1) letter f, Article 10 letter d, and Article 13 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection. Second, the legal responsibility of business actors for sales carried out with promotions that harm consumer interests is regulated in Article 4 letter h and Article 7 letter g of Law Number 8 of 1999 concerning Consumer Protection, and business actors are considered to have defaulted, because consumers receive goods which is not in accordance with what was promised. Third, efforts to resolve disputes against consumer losses due to transactions based on the promotion of goods and/or services based on Article 45 of Law Number 8 of 1999 concerning Consumer Protection can be through 2 (two) ways, namely through the court route (litigation) and external channels. court (non- litigation). Keywords: Legal Responsibility, Sale of Goods and/or Services, Promotion

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