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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 31 Documents
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Negative Corporate Disclosure and Stock Price Decline: A Normative Legal Analysis of Investor Protection in Indonesia’s Capital Market Amar Ma'ruf; Arvian Wiyanggoro
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): November, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i2.21576

Abstract

This study examines the impact of negative corporate disclosure on stock price movements and investor protection in Indonesia’s capital market. The primary objective is to analyze how negative information disseminated through the Indonesia Stock Exchange (IDX) affects investor behavior and market performance. Using a normative legal research approach, this study relies on library-based data collection and employs both statutory and conceptual analyses. The case of PT X, a publicly listed company, and its subsidiary PT Y, an eSAF frame manufacturer for motor vehicles, serves as an illustrative example. The findings demonstrate that negative publicity—particularly related to product concerns such as weight and corrosion resistance—can significantly influence investor perception, even when the product is generally considered to have good quality. The circulation of adverse information triggers investor panic and leads to widespread share sell-offs, ultimately resulting in a decline in PT X’s stock price. This confirms that stock prices tend to move rapidly in response to negative news, reflecting the sensitivity of market behavior to reputational risk and information flow. From a legal perspective, these dynamics raise important questions regarding the adequacy of disclosure obligations and investor protection mechanisms within Indonesia’s regulatory framework. This research contributes by bridging capital market law and investor behavior, highlighting the relationship between corporate news, investor decision-making, and stock market activity. It underscores the need for stronger transparency standards and more effective legal safeguards to mitigate the impact of negative disclosures, offering practical insights for regulators, corporations, and investors in emerging markets.
Optimizing the Empowerment of Mediation Institutions in Banking Dispute Resolution in Indonesia Sudiyana Sudiyana; Devi Andani
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): November, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i2.23699

Abstract

The development of the banking business in the digitalization era is increasingly complex, which has the potential to cause disputes with a variety of legal issues. This writing aims to examine and analyze how to empower mediation institutions in resolving business disputes in Indonesia. This writing method is included In the provisions of laws and regulations both in the Civil Code, the Law on Banking, Law Number 30 of 1999 concerning Alternative Dispute Resolution and Arbitration, including technical regulations at the Judicial level such as Supreme Court Regulation Number 1 of 2016 regarding Mediation, it has been regulated regarding the Mediation settlement mechanism. There are various factors that affect mediation institutions that cannot be carried out optimally, namely, banking mediation regulations are inadequate, lack of public understanding (customers), weak banking mediation institutions, weak implementation of mediation. It is necessary to make a social-comprehensive legal breakthrough so that mediation institutions can be empowered more optimally in resolving banking disputes.    
Analysis of Judges' Considerations in Religious Court Decision Number 1332/PDT.G/2020/PA.BTL Concerning Default in Business Contracts Sudiyana; Devi Andani; Fatma Faizati
Journal of Private and Commercial Law Vol. 9 No. 1 (2025): May, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i1.23894

Abstract

This research aims to analyze and find out the legal considerations of the panel of judges in the decision of case Number 1332/Pdt.G/2020/PA.Btl) for the parties of the istishna' sale and purchase agreement which does not stipulate a delivery time limit. This research is normative legal research, which emphasizes the study of statutory norms, principles and principles of positive law, positive legal theory and basically legislative, conceptual and case approaches. In case decision Number 1332/Pdt.G/2020/PA.Btl., the panel of judges considered that the preliminary sale and purchase agreement was declared valid and binding on both parties because it had fulfilled the legal requirements of the agreement. As a legal consequence, the agreement remains valid and binding on both parties. Both parties still have the obligation to complete their achievements in good faith.
Land Certification of Government Assets Resulted From Swap-Over (Ruislag) to Ensure Legal Certainty of Land Rights (Case Study: Execution Of Ruislag MAN 2 Kuningan) Fatma Nurzanah Meiliyana; Suhadi
Journal of Private and Commercial Law Vol. 9 No. 1 (2025): May, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i1.28355

Abstract

This research aims to find out the procedure for land certification as a result of the land swap (ruislag) in the implementation of the ruislag between MAN 2 Kuningan and Ciawigebang Village, a more in-depth analysis of the issues and strategies made by the parties involved in the certification process to achieve legal certainty of land rights. This research employs a qualitative research method, drawing on an empirical legal research approach and a sociological perspective. The results of this study indicate that the process of land certification as a result of ruislag is included in the maintenance service of land registration data by the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 1 of 2010 concerning service standards and land regulations so that a certificate of use rights and a certificate of business use rights for four plots of land to replace the Ciawigebang MAN 2 Kuningan Village Treasury. The issues faced are related to administrative documents, designation of replacement land rights, and land conditions, because the distance between the ruislag process and land registration is quite long. Strategies made are cooperation between the parties, increasing the intensity of coordination between agencies, and reviewing regulations relating to the issuance of ruislag and registration of land rights. With these strategies, the certification process has become easier, thereby ensuring the legal certainty of land rights for rights holders.
The Interconnection Between Arbitration and Commercial Courts: Scenarios, Issues, and A Proposal Anangga W. Roosdiono; Muhamad Dzadit Taqwa; Mayta Ciara Salsabila
Journal of Private and Commercial Law Vol. 9 No. 1 (2025): May, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i1.7833

Abstract

There is a possibility that parties who have put an arbitration clause in their agreement may still bring bankruptcy or suspension of debt payment obligations before the Commercial Court (“Pengadilan Niaga”). In another scenario (Scenario 2), this situation can also—and often does—occur due to a third party, not bound by the arbitration clause, filing a bankruptcy petition against one of the parties. This article examines two key aspects when both forums are utilized: (1) the interrelation between these two forums in the context of the consequences of their respective decisions on each other; and (2) the conflicting principles, such as confidentiality and trust in arbitration versus public openness and distrust in Pengadilan Niaga. When one party ultimately submits a bankruptcy case to Pengadilan Niaga, the confidentiality of the dispute is compromised, and mutual trust is eroded. However, this reality is not strong enough to justify eliminating the potential overlap between arbitration and Pengadilan Niaga, given that scenarios where a third party files a bankruptcy petition can also occur. In such a scenario, the issue extends beyond the mere clash of principles. A proper framework to regulate the intersection between arbitration and Pengadilan Niaga needs to be formulated, taking into account the two scenarios that may arise.
Liability of E-Commerce Service Providers for Processing Consumer Personal Data (Comparative Study of Indonesia & Europe) Tegar Islami Putra; Nurul Fibrianti; Rizky Andeza Prasetya
Journal of Private and Commercial Law Vol. 9 No. 1 (2025): May, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i1.9370

Abstract

This study examines the regulatory mandate governing the liability of E-Commerce service providers in protecting personal data in personal data processing according to Law Number 27 of 2022 and General Data Protection Regulation.  To support the fulfillment of the rights of consumers as owners of personal data and E-Commerce service providers as controllers of personal data, it is necessary to study the regulation of the liability of E-Commerce service providers in protecting personal data in personal data processing in other countries that first have personal data protection arrangements. The research method used to achieve the research objectives and targets is normative legal research with a legislative and comparative approach. The type of research used in this research is normative juridical research that gathers primary data through the analysis of relevant legal regulations and also includes the use of supporting scholarly journals. E-Commerce Service Providers as Personal Data Managers Against Consumer Personal Data Processing in Europe, in principle, have the same form of personal data processing as Indonesia, namely processing of personal financial data, full name, gender, nationality, user location, and personal data combined to identify a person in the form of telephone numbers and IP Addresses. However, European countries have different types of personal data from the rules in Indonesia.
Efficiency and Legal Certainty in Civil Procedure: Registered Letter Summons After Supreme Court Circular No. 1 of 2023 Muhammad Aziz Marzuki; Dian Latifiani; Ahmad Habiburrahman
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.15131

Abstract

This article reassesses the legal effectiveness of registered letter summons as a mode of service of process in Indonesian civil procedure following the enactment of Supreme Court Circular No. 1 of 2023. The study addresses a central question: whether the use of registered mail enhances procedural efficiency without undermining due process guarantees in private law disputes. Employing a normative juridical method combined with a conceptual and statutory approach, this research analyzes relevant procedural rules, judicial interpretations, and emerging practices in civil litigation. The findings indicate that while registered letter summons offer measurable advantages in terms of cost reduction, administrative efficiency, and expedited proceedings, their implementation raises concerns regarding proof of proper service, defendant awareness, and the risk of default judgments rendered without genuine notice. These issues directly affect the principles of audi alteram partem, legal certainty, and fairness in private law adjudication. The novelty of this study lies in its focus on the transformation of service of process mechanisms within Indonesian civil procedure through the lens of digitalization and procedural reform, specifically examining the underexplored implications of Supreme Court Circular No. 1 of 2023. The article contributes to the development of private and commercial law scholarship by offering a critical framework for evaluating alternative service methods and proposing safeguards to balance efficiency with due process. It further provides practical recommendations for courts and policymakers to strengthen verification mechanisms and ensure the reliability of registered mail as a legally sound instrument of summons.
Responsibility in Sustainability Principles Implementation in International Oil Trade Dina Silvia Puteri
Journal of Private and Commercial Law Vol. 8 No. 2 (2024): November, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i2.27699

Abstract

As globalization grows, it eliminates national boundaries and accelerates international trade, with petroleum being the most traded commodity. However, petroleum, a fossil fuel, produces carbon emissions that contribute to global warming. In response, the principle of sustainability emerged, focusing on ensuring that today's activities do not harm future generations. This study explores the responsibility of upholding sustainability in international oil trade. Specifically, it examines how the principle is adopted in global oil trade and how Indonesia implements it. The research uses a normative-critical approach, including statutory, conceptual, and legal analyses. To align with sustainability, international oil companies must address environmental, social, and economic impacts through the triple bottom line framework, namely people, planet, and profit. By incorporating these principles into their annual reports, oil companies can demonstrate their commitment to sustainability.
Public Interest in Plant Variety Protection: A Comparative Study of Compulsory Licensing in Indonesia and India for Food Security Devi Andani; Sudiyana; R. Murjiyanto; Nita Ariyani; Mohd Zamre Mohd Zahir
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.28847

Abstract

This research aims to analyze and compare the legal frameworks of compulsory licensing in the Plant Variety Protection systems of Indonesia and India in accommodating public interest parameters and to analyze the granting of compulsory licenses for public interest in supporting food sovereignty and security in Indonesia. This research uses a normative juridical method with comparative and statutory approaches. The study utilizes secondary data, including primary and secondary legal sources, analyzed qualitatively to examine the regulatory differences in compulsory licensing regimes between Indonesian and Indian jurisdictions. The results of this research are: First, The findings indicate that India possesses a more comprehensive legal framework through the PPVFR Act, which explicitly integrates farmers' rights as a core element of public interest. In contrast, Indonesia's regulations remain administratively centered with an ambiguous definition of “public interest”. A fundamental difference lies in the activation procedures: India allows for swifter intervention against seed monopolies to ensure price stability, whereas in Indonesia, the mechanism is not yet optimally implemented due to a lack of technical implementing regulations capable of responding effectively to food crises. Second, the results indicate that while compulsory licensing is legally accommodated within Indonesia’s PVP system as a public interest instrument, its implementation remains suboptimal in supporting food sovereignty. Consequently, compulsory licensing remains passive, prioritizing the protection of breeders' exclusive rights over its strategic role in ensuring seed accessibility for smallholder farmers.
A Critical Analysis of Zimbabwe’s Mines and Minerals Bill in Relation to Strategic Minerals Victor Kudakwashe Mapuvire; Ricky Munyaradzi Mukonza
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.32920

Abstract

This paper critically analyses Zimbabwe’s Mines and Minerals Amendment Bill (MMAB), which seeks to reform the outdated Mines and Minerals Act [Chapter 21:05] of 1961. While the Bill introduces progressive elements, particularly through the formal designation of strategic minerals vital to the country’s economic, industrial, social, and security interests, it falls short in several key areas. The MMAB identifies minerals such as lithium, uranium, rare earth elements, and copper as strategic, and mandates that both the State and local communities hold defined stakes in their exploitation. However, the exclusion of critical minerals like gold, iron, chromium, and platinum group metals raises concerns about inconsistencies in mineral prioritisation. The paper highlights deficiencies in the Bill’s failure to clearly define the “special and unique conditions” applied to strategic minerals, as well as its lack of transparent guidelines for their designation—both of which undermine investor confidence and violate international best practices. Furthermore, the MMAB centralises decision-making power within the Ministry of Mines and the Presidency, creating excessive bureaucratic overlap and enabling potential political interference. The Bill also lacks clear frameworks for contract transparency, parliamentary oversight, community benefit-sharing, competitive bidding, and decentralisation of mining governance. To address these shortcomings, the paper recommends that the MMAB be reformed to align with Zimbabwe’s Constitution and international standards such as the Africa Mining Vision and Extractive Industries Transparency Initiative (EITI). A decentralised, inclusive, and transparent legal framework is essential for transforming Zimbabwe’s mining sector into an engine of broad-based economic growth and social development.

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