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Journal of Private and Commercial Law
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25990306     DOI : https://doi.org/10.15294/jpcl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Private and Commercial Law (ISSN Print 2599-0314 ISSN 2599-0306 Online) is a scientific publication dedicated to the fields of Private and Commercial Law, as well as related disciplines. It was initiated by the Department of Private and Commercial Law, Faculty of Law at Universitas Negeri Semarang (UNNES), Indonesia. The primary objective of the journal is to facilitate scholarly and professional discussions on current legal developments in Indonesia. Additionally, it aims to showcase innovative legal research focusing on Indonesian laws and the legal system. To ensure accessibility to a global audience interested in Indonesian law discourse, the journal is exclusively published in English. The Journal of Private and Commercial Law warmly welcomes contributions from international legal scholars and professionals, as well as representatives from courts, executive authorities, and relevant agencies. By doing so, it seeks to foster a diverse and comprehensive exchange of ideas and insights in the field.
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 16 Documents
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Indonesia's Trade Policy In Responding To Free Trade In The Midst of Uncertain Conditions Rubiati Rubiati; Satria Unggul Wicaksana Satria Unggul Wicaksana
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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Abstract

Free trade widens the gap between developed and developing countries, according to Global Food Security Index data, Indonesia is ranked fourth in ASEAN with a score of 60.2. Indonesia's score is still low compared to the global average of 62.2. It is necessary to emphasize the role of the government to realize laws and policies with the right budget allocation to encourage the performance of a more competitive business environment. This research answers the politics of free trade law amid uncertain conditions in Southeast Asia and the Indonesian government's protection of business people in free trade. By using socio-legal research methods based on an interdisciplinary approach, the author realizes that normative legal research is not enough to analyze free trade policies, so socio-legal research is needed to explain the relationship between law and community facts comprehensively. The results of this study answer that Indonesia as a member of the Association of Southeast Asian Nations (ASEAN) which has currently developed the ASEAN Free Trade Area (AFTA) policy seeks to reduce intra-regional tariffs among its members through the Common Effective Preferential Tariff (CEPT) Scheme. The World Trade Organization (WTO) is expected to bridge all the interests of countries in the world in the trade sector. Legal protection for business people exists because of the legality of the business. One form of protection of the Indonesian government is the promulgation of various legal regulations governing economic activities and free trade.
Analysis of Grondkaart as Land Ownership Rights in the Perspective of Land Law in Indonesia Vitri Dini Artistry; Dewi Sulistianingsih
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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A land dispute case was experienced by residents of Kebonharjo, Tanjung Mas Village, Semarang City against the Indonesian Railways Limited Company (PT KAI), where PT. KAI claims that the Kebonharjo Residents' land belongs to PT. KAI with grondkaart as a proof base. The State Treasury Law is the main basis regarding grondkaart. Decision “No. 227/Pdt.G/2016/PN. Smg,” provides information that grondkaart is still legally valid. Meanwhile Law no. 5 of 1960 and Law no. 23 of 2007, provide mutual explanations regarding orders for making certificates for land rights. This article uses a normative juridical approach, and descriptive analysis of the basis of land ownership rights in the form of grondkaart. The research results show that a state based on Pancasila really prioritizes the value of material justice which originates from the will of the people who have a strong relationship with their land, so that it can be equated with human rights. The state cannot arbitrarily control people's land rights, and the law must be in accordance with the wishes of the community, namely as a form of service by the state, not a form of confiscation by the state. Grondkaart is not stronger than a land certificate, where the form of a land certificate is considered stronger because it contains the will of the community to transfer it consciously and is not a form of confiscation. From a normative juridical point of view, Indonesian land law does not adhere to legal positivism in which Indonesian society is united by the awareness in their souls to will on the basis of Pancasila, so that their will cannot be concretized by the state in the form of any regulations, but state regulations remain as a means of order and realizing shared prosperity.
Mediation as an Effort to Resolve Disputes on Ownership and Control of Heirs' Land Norafiq Aldyan; Dian Latifiani; Nur Arif Nugraha
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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Support the successful implementation of mediation. This research uses a juridical-empirical approach. Data sources come from primary and secondary data using interview and documentation data collection techniques. Data validity uses triangulation which is then analyzed qualitatively. The research results show that (1) their disputes, according to Dean G. Pruitt and Jeffrey Z. Rubin's dispute theory, are caused by differences in interests and one of the effective resolution efforts is mediation. The implementation of this mediation resulted in an agreement to inherit; split property rights; and carry out a transfer of rights or change of name. (2) The successful implementation of mediation is in accordance with Lawrence M. Friedman's theory because it is supported by legal structure, legal substance, and legal culture. The strategy implemented is to ensure that disputes are resolved through mediation; coordinate with legal counsel; declare readiness to provide assistance; and communicate with the parties to the dispute.
Independent Authority on Personal Data Protection in Illegal Financial Technology: Capturing Peer-to-Peer (P2P) Lending Issues Bearlly Deo Syahputra; Nurul Fibrianti
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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Abstract

  Today's innovative industry is rapidly growing, fuelled by technology utilization and an increasingly diverse range of economic models. One of these models includes the rise of illegal financial technology peer-to-peer lending (illegal fintech P2P lending), which is increasingly gaining popularity within society. There exist various regulations designed to safeguard the personal data of debtors involved in illegal fintech P2P lending. This study employs a normative doctrinal approach utilizing three research methodologies: statute, comparative, and conceptual approach. The research reveals that while some standard rules have been elucidated, there lacks specificity regarding the responsible institution. The study collected information indicating numerous instances of debtors misusing personal data through illegal fintech P2P lending This highlights the continuous legal framework overseeing the balancing act of safeguarding personal data in Indonesia. comparing it to the typical legal principles governing personal data protection in other nations with principles on common law. Consequently, this study concludes that the current handling of debtors' personal data misuse in illegal fintech P2P lending by the Personal Data Protection Agency remains sectoral. It emphasizes the necessity for a more comprehensive, independent institution to offer optimal legal protection for debtors' personal data in the context of illegal P2P lending using fintech.
The Principle of Utility in Revoking a Bankruptcy Adjudications in Bakruptcy Law Ivida Dewi Amrih Suci; R. Murjiyanto; Mohd Zamre Mohd Zahir; Sudiyana
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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Abstract

Abstract   Bankruptcy law regulates the unity of assets due to bankruptcy adjudications, as stipulated in Article 64 paragraph (1) of the Bankruptcy Law, which establishes that "The bankruptcy of a husband or wife who is married under a unity of assets shall be treated as the bankruptcy of that unity of assets." However, bankruptcy law does not yet address the unity of assets that remain undivided due to divorce, and the case where a husband or wife who has divorced is declared bankrupt. The bankruptcy orders against these distinct legal subjects have been filed in separate commercial courts, indicating that they are indeed separate legal subjects. The question arises whether the undivided unity of assets can undergo a consolidation of bankrupt assets for both parties in separate cases. Drawing from Article 2 paragraph (1) of the Bankruptcy Law, which stipulates that "A debtor who has two or more creditors that remain unpaid and one of them has fallen due may be declared bankrupt," we inquire whether this principle can be applied. Likewise, based on the principle of integrity and the absence of provisions regarding undivided shared assets, this study adopts a generic legal approach. This research employs a normative methodology with the analytical framework of Kees Schuit's legal system theory and the goal theory of law, founded on the three general principles of Gustav Radbruch: certainty, utility, and justice. In conclusion, this research possesses prescriptive value in the realm of legal scholarship, particularly within the scope of bankruptcy law.   KEYWORDS: Principle of Justice, Undivided Shared Assets, Bankruptcy Adjudications
Copyright Protection In Digital Rights Management Systems: Legal And Technical Challenges In Implementing Effective Solutions Aenul Yaqin; Dewi Sulistianingsih
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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This research aims to examine copyright protection against unlawful acts, particularly in the context of piracy and claims over songs in the era of disruption. Through a normative juridical approach and data collection techniques via library research, this study explores the theoretical foundations of justice in law, the definition of unlawful acts, and the urgency of copyright protection for musical works. In-depth analysis is conducted on copyright discourse concerning music piracy, as well as the concept of legal protection that offers solutions and ideals for piracy or claims over songs. The research findings indicate that song piracy is not merely a common legal violation but also threatens the economic sustainability and creativity of music creators. Therefore, copyright protection must be accompanied by proactive preventive measures and effective law enforcement. In conclusion, copyright protection is a prerequisite for achieving justice in the music industry in the current digital era, requiring cross-sector collaboration and policy innovation to address the challenges faced.  
Unlawful Acts in Determination of Joint Property and Donations Study of Decision Number 190/Pdt.G/2018/Pn.Kpg Desia Banjarani; Muslim Nugraha; Syahri Ramadhan
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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Analysis of Padang District Court Decision Plaintiff Name Aleta Salomi Derica Kale-Pa Number 190/Pdt.G/2018/PN.Kpg., concerning joint property grants. The legal issues raised in this analysis are: How is the analysis of the determination of joint property in Decision Number 190/Pdt.G/2018/PN.Kpg? And how can grants and control over the object of the grant be categorized as unlawful acts in Decision Number 190/Pdt.G/2018/PN.Kpg? The method used in this analysis is the IRAC Method which is a legal reasoning method with issue analysis (I), rule of law (R), argument (A), and conclusion (C). Several legal issues analyzed from the decision are to determine the object of the grant, in this case land, which is joint property, the judge's first step is to prove that the plaintiff and the landowner are husband and wife as evidenced by the Marriage Certificate. Then the next proof is related to the determination of joint property as evidenced by the land sale and purchase document. Regarding the sale and purchase process, it is also supported by the testimony of witnesses who in essence state that the witnesses know directly about the sale and purchase of the land. The grant in Decision Number 190/Pdt.G/2018/PN.Kpg has been declared as an unlawful act because the object of the grant has been proven to be joint property that was granted without the consent of the Plaintiff as the wife of the landowner. Thus, the grant is declared contrary to Article 36 paragraph 1 of Law Number 1 of 1974 concerning Marriage, Article 1666 of the Civil Code and Article 584 of the Civil Code. So based on the civil legal basis, the grant made by an unauthorized party must be declared null and void as an absolute nullity with all its legal consequences. Thus, according to the research, the decision of Decision Number 190/Pdt.G/2018/PN.Kpg is correct because the judge's considerations are in accordance with the concrete evidence as submitted by the parties.
Analysis of the Utilization of Artificial Intelligence in Shopee's Live Feature Based on Competition Law Tsuroyyaa Maitsaa Jaudah; Fadil Muhammad; Garni Sriwangi; Princess Alyssa D. Tee-Anastacio
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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The rapid development of technology has had a significant impact on various aspects of life, one of which is the economic sector. The application of technology in the economic sector involves the use of AI in e-commerce, particularly in the live feature of Shopee, which provides substantial benefits for business actors. However, it can also create imbalances in the market at times. The market imbalance has led to unhealthy business competition practices that are contrary to Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this research is to analyze the utilization of AI in Shopee's live feature, which is indicated to potentially lead to unfair business competition practices based on Competition Law. The method used in this research is normative empirical, combining the implementation of positive law with legal events occurring in society. The utilization of AI in Shopee's live feature causes an imbalance in the market by providing significant advantages to business players who possess multiple AI models, allowing them to dominate up to 50% of the market share for certain products and hindering new competitors from entering the market. The use of AI in Shopee's live feature leads to market dominance and a dominant position by business players, which contradicts Articles 19 and 25 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition.
Legal Dynamics of Inheritance Across Religions Between Heirs and Beneficiaries in Indonesia Nisa, Ardina Khoirun; Zulfahmi, Zulfahmi
Journal of Private and Commercial Law Vol. 9 No. 1 (2025): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i1.13481

Abstract

This article discusses the legal dynamics of inheritance of different religions between the testator and the heirs in Indonesia by comparing the inheritance law in the Civil Code and the Compilation of Islamic Law (KHI). The method in this article is legal research. This research is prescriptive, which is to provide an assessment of something that should be done. This research uses a case approach, namely by examining the legal reasons (ratio decidendi) used by the judge in the decision or determination. The results of this article conclude that according to inheritance law in the Civil Code, there is no recognition of religious differences as a barrier to inheritance, in other words, it is valid for people of different religions to become heirs or inherit. Whereas in the Compilation of Islamic Law (KHI), religious differences are a barrier for someone to get an inheritance from the heir. Although Islamic law and KHI do not recognize inheritance of different religions, the case of inheritance of different religions between the testator and the heir in Indonesia in several Supreme Court Decisions in Indonesia can be concluded that the Panel of Judges who decide cases regarding heirs of different religions with the testator can obtain inheritance through compulsory probate.
Risks of Consumer Personal Data Protection at the Personal Data Processing Stage of E-Commerce Websites Tegar Islami Putra; Adinda Zeranica Putri Fakhis; Anisa Tussaleha; Mahima Umaela Firdhausya; Muhammad Hilmi Naufal Aflah
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

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The advancement of information and communication technology has made privacy boundaries thinner.  Various personal data on E-Commerce websites are increasingly easy to spread, which creates risks at every stage of personal data processing. This is important to be given further attention, given the high number of transaction valuations that occur through E-Commerce websites. This research aims to analyze what forms of risks can occur at each stage of personal data processing on E-Commerce websites. The stages of personal data processing described in this research are the stages of personal data processing as stipulated in Law Number 27 Year 2022 on Personal Data Protection. This research utilizes a library research method by focusing on legal materials so that it can be said to be library based. The results show that there are different risks at each stage of personal data processing on E-Commerce websites, both before the storage of personal data, and after the storage of personal data by the personal data controller.  This can be in the form of data collection that is not in accordance with applicable regulations, lack of transparency of data collection, and data collection that is not specific, unlimited, and illegal, unauthorized access, disclosure in an unauthorized manner, unauthorized modification, misuse, destruction, and loss of personal data on the system. To reduce the impact of risks, things that can be done are to update the system regularly, or increase the capacity of human resources who process personal data.

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