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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 32 Documents
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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

Page 4 of 4 | Total Record : 32

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