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Journal of Private and Economic Law

JPEL
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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 32 Documents

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Rekonstruksi Hukum Pidana di Indonesia untuk Menangani Perkembangan Kejahatan Ekonomi Global Zainal Aris Masruchi
Journal of Private and Economic Law Vol 2 No 2 (2022): November 2022
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Legal reform can be interpreted as an effort to replace the current legal order in accordance with social, political developments and aspirations regarding the legal order that the community aspires to. One of the things that must follow developments in the international community is criminal law. Moreover, the provisions in our criminal law are no longer in accordance with democratic values, respect for human rights, and cannot respond to developments that occur in society so that justice is not achieved as aspired by society. In addition, our criminal law can no longer ensnare the types of unlawful acts that occur in society, especially in the economic field. Therefore, it is time for us to enter what Barda Nawawi Arief calls the new era of Indonesian criminal law. Economic criminal law reform, must be directed to the extent to which the applicable provisions of criminal law (economic) need to be changed or updated, including including how to prevent the occurrence of criminal acts (economy), and methods of investigation, prosecution, trial. and criminal prosecution must be carried out.

Persekongkolan Tender Paket Pekerjaan Pembangunan Rumah Sakit Daerah Provinsi Aceh (Studi Putusan KPPU Nomor 04/KPPU-L/2020) Bimantara Fauzan Kusuma; Nanang Suparto
Journal of Private and Economic Law Vol 2 No 2 (2022): November 2022
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

In the current era, of course, hospital facilities and infrastructure need to be updated and repaired to be able to keep up with the evolving times. The hospital is a place that has a vital role in every country and even every region. Hospital obligations have also been regulated in Law Number 11 of 2020 concerning Job Creation Article 29 which requires hospitals to provide proper public facilities and infrastructure. This can be realized by renovating hospitals for the better, one of which is by carrying out the procurement of goods/services. The government has issued a legal provision, namely Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. It aims to provide signs and activities that are prohibited by business actors from conducting business activities. One example is the case of tender conspiracy. There are still some business actors who in carrying out their business activities carry out unfair business competition. This happened in the tender for the hospital construction work package in the Aceh Province. There is a conspiracy in the registration of the work package tender by the bidders which has been followed up by KPPU with the issuance of KPPU's Decision Number 04/KPPU-L/2020. The business actor referred to as the reported party in the decision has violated Article 22 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition regarding conspiracy among bidders. The parties who are reported are PT. Mina Fajar Abadi, PT Sumber Alam Sejahtera, PT Arafah Alam Sejahtera, PT Betesda Mandiri, PT Eka Jaya Lestari, PT Adhi Putra Jaya, Construction Working Group-LXXXIX Aceh Government Goods and Services Procurement Bureau for Fiscal Year 2018. This case was analyzed with three discussions, namely: The legal standing of the parties in litigation at KPPU, the suitability of the legal considerations of KPPU's Decision Number 04/KPPU-L/2020 with Law Number 5 of 1999, Legal Consequences of KPPU's Decision Number 04/KPPU-L/2020.

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

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.

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

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.

Dugaan Pelanggaran Integrasi Vertikal dalam Bisnis Digital oleh Penyedia Jasa Transportasi Online di Indonesia (Studi Putusan KPPU Nomor 13/KPPU-I/2019) Ananda Nurul Hidayah
Journal of Private and Economic Law Vol 2 No 1 (2022): May 2022
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Article 14 of The Law Number 5 of 1999 highlights vertical integration as a prohibited form of agreement. One of the alleged cases of vertical integration practices is in The Case Number 13/KPPU-I/2019 involving PT GRAB Teknologi Indonesia (GRAB) and PT Teknologi Pengangkutan Indonesia (TPI), GRAB is suspected of giving privileges and priorities to TPI. This case is predicted to affect the regulation of the digital economy in the future, including investment in the digital economy sector. This study concludes: First, the Investigator stated that the agreement between GRAB and TPI led to vertical integration and discrimination due to actions taken in the form of giving special treatment that harmed other GRAB Partners who were competitors of TPI. Second, the legal consequences of violating the provisions of Article 14 of The Law Number 5 of 1999 for Business Actors are subject to sanctions in the form of Administrative Measures, Basic Criminal Sanctions, and Additional Criminal Sanctions. Meanwhile, according to Article 118 of The Law Number 11 of 2020, the sanction given to business actors who are proven to have carried out vertical integration is the imposition of Administrative Measures. Third, two of the legal reasons in Case Number 13/KPPU-I/2019 are not in accordance with the applicable legal provisions is Article 14 and Article 19 (D). But apart from that, the legal reasons in Article 15 (2) has complied with the provisions of the Anti-Monopoly Law. The business action taken by GRAB and TPI is a form of business strategy that has legal, socio-economic, technical considerations and other acceptable reasons. In addition, the agreement does not interfere with business competition because it still shows fair business competition.

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

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.

Tanggung Gugat Developer dan Penyedia KPR Terhadap Pembeli Perumahan atas Penggunaan Sertifikat Tanah Sebagai Agunan Bank (Studi Kasus Perumahan Violet Garden) Nengah Erlina Wahyu Damayanti; Iswi Hariyani
Journal of Private and Economic Law Vol 2 No 2 (2022): November 2022
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Banks cannot provide mortgage facilities without collateral from developers because banks in providing credit facilities must apply collateral supply obligations. Explained in Article 8 of Law No. In the case of Violet Garden housing, it is known that the bank in providing mortgage facilities to residential buyers does not hold a certificate belonging to the buyer who is doing a mortgage where the debtor should submit the certificate to be used as collateral in the distribution of mortgages because the developer has guaranteed the certificate at another bank. So that for buyers who have paid off payments both in cash and mortgages can not make demands to process AJB in accordance with PPJB For the act, the form of developer liability on housing buyers for home certificates used to other banks to get the loan of funds is classified in the form of liability wanprestasi. Thus the developer must immediately redeem the home certificate or pay off the loan and compensate the losses incurred by the buyer, then in an effort to get the certificate of the aggrieved housing buyer can demand compensation with costs and interest by applying as a concurrent creditor to the curator by using ppjb evidence in accordance with Article 115 point 1 of Law No. 37 of 2004 on Bankruptcy and PKPU.

The sovereignty of blockchain dispute resolution Nima Norouzi
Journal of Private and Economic Law Vol 2 No 1 (2022): May 2022
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Blockchain technology acts as the infrastructure for self-executing smart contracts. However, because contracts are flawed, and some parties are opportunistic, these new contract options have created challenges in resolving disputes. For example, will smart contracts be recognized and any disputes (in this regard) resolved in existing courts in the jurisdiction? In this article, we first outline some organizational governance options (e.g., mediation, private arbitration, courts) to create a boundary of possibility (option) of resolving disputes for the parties. Second, we provide case studies of emerging blockchain-based mechanisms for resolving dispute resolution challenges. Blockchain-based smart contracts may create dispute resolution problems and act as a technology for entrepreneurs to create new mechanisms for resolving disputes, including those arising from traditional legal contracts. The parties to the contract will inherently choose their most effective governance mechanism for resolving disputes and will change the costs of resolving disputes over time through a process of institutional innovation.

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

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.

Penyelesaian Sengketa Pembatalan Merek Pada Kelas Berbeda Melalui Pengadilan Negeri (Studi Putusan Nomor: 3011 K/Pdt/2018) Kefara Gustinia Digmadani; Ayu Citra Santyaningtyas
Journal of Private and Economic Law Vol 2 No 2 (2022): November 2022
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

ABSTRACT: This case began when Andri Anis and Yasmar registered the Soerabi Enhaii brand in class 43, namely restaurants. This makes Cecep Sumarno as the owner of the same trademark in class 30 feel disadvantaged due to registration in bad faith by Andri Anis and Yasmar. Therefore Cecep Sumarno sued to the District Court with a lawsuit against the law. Then, Cecep Sumarno submitted an application to the Supreme Court with the principal request being to cancel Andri Anis and Yasmar's trademarks. Andri Anis and Yasmar's actions violate Article 21 verse 3 of Mark and Geographical Indication Law, that “trademark will be rejected if the mark is submitted by an applicant who registers the mark in bad faith”. The researcher aims to examine the reasons for the cancellation of the mark, the legal consequences of registering the same mark, as well as the legal considerations of the judge who rejected Cecep Sumarno's appeal. The research method used is a normative juridical research method using a statutory approach and a conceptual approach. The reason for the cancellation of the mark proposed by Cecep Sumarno is that the cancellation of the registration mark has bad intentions. The legal consequence of trademark equality is that Cecep Sumarno as the owner of the mark in class 30 can file a lawsuit for the cancellation of Andri Anis and Yasmar's trademark in class 43 through the Commercial Court. The judge's legal considerations in the Decision of the Supreme Court of the Republic of Indonesia Number: 3011 K/Pdt/2018 that based on the judex facti of the DKI Jakarta High Court does not conflict with the law. The trademark dispute filed by Cecep Sumarno basically asks for the cancellation of the mark which is not the authority of the District Court. KEYWORDS: Mark Revocation, Mark Similarity, Dispute Settlement

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pratiwi puspitho andini

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Jawa timur

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name pratiwi puspitho andini

Contact Email jpel@unej.ac.id

Phone +6281332727076

Journal Mail Official jpel@unej.ac.id

Editorial Address jalan gajah mada XI no 19

Location Kab. jember, Jawa timur INDONESIA

Abstract

Abstract

Abstract

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Abstract

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Abstract

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Abstract

Contact Name
pratiwi puspitho andini

Contact Email
jpel@unej.ac.id

Phone
+6281332727076

Journal Mail Official
jpel@unej.ac.id

Editorial Address
jalan gajah mada XI no 19

Location
Kab. jember,

Jawa timur

INDONESIA