KANJOLI Business Law Review
KANJOLI Business Law Review, which is abbreviated as (KANJOLI Business Law Rev), is a peer-reviewed media managed and published by the Center for Business Law Studies, Faculty of Law, University of Pattimura. KANJOLI Business Law Review publishes scientific papers in the field of law, published three times a year in June and December. The aim of this journal is to provide a place for academics, students, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports a greater global exchange of knowledge. KANJOLI Business Law Review is available online. The languages used in this journal are Indonesian and English. The scope of the articles published in this journal discusses various issues in the fields of Business Law and other sections related to contemporary issues in the field of Business Law.
Articles
29 Documents
<![CDATA[Perspektif Penetapan Pajak Penambahan Nilai Pada Investasi Aset Kripto Di Era Digital ]]>
<![CDATA[Saija, Ronald]]>;
<![CDATA[Labetubun, Muchtar Anshary Hamid]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9799
<![CDATA[In this pandemic era, investment in crypto assets in Indonesia is increasingly attractive as one of the current breakthroughs in digital transactions. Even though crypto prices are very extreme and have a high risk, they are still more attractive to investors to invest in crypto. To be able to anticipate risks in crypto asset trading in Indonesia, the Government has established a regulatory policy on Value Income Tax on crypto asset investments in 2023, in order to reduce the risks of various digital transactions. The research objectives that become a legal gap in this study are: are there government regulations that can reduce the level of risk in digital transactions in crypto asset investments for business actors in Indonesia, and how can the determination of value added tax by the government be able to provide legal certainty for people who use crypto transactions in Indonesia. The research method used in this paper is normative legal research. This research is directed to be able to provide a description of the implications of legal certainty for value income tax in investing in crypto assets through digital transactions, as a policy to prevent risks for business actors. The results of the study show that the optimal regulation of Value Added Tax (VAT) on Crypto Asset Trading is regulated in the Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022, can reduce the risks that occur, if there are legal issues in the current crypto asset trading. As well as the implications of any profits derived from bitcoin trading activities being reported to the Directorate General of Taxes. Based on Law Number 42 of 2009 concerning the Third Amendment to Law Number 8 of 1983 concerning Value Added Tax on Goods and Services and Sales Tax on Luxury Goods, it includes a Value Added Tax (VAT) of 10%. And the application of legal certainty in the new regulations in the Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022.]]>
<![CDATA[Tanggung Jawab Penjual Yang Beritikad Tidak Baik Dalam Transaksi Online Dengan Sistem Pembayaran Cash On Delivery ]]>
<![CDATA[Akyuwen, Rory Jeff]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9800
<![CDATA[Cash on Delivery (COD) systems that do not want the goods that have been ordered to be inspected. a good faith seller will certainly allow the goods to be inspected by the buyer. one of the legal principles in civil law, namely the principle of good faith, requires that every legal action in any form including electronic transactions must be based on good faith. what if it happens that the seller in bad faith deliberately sends goods that are not suitable but the recipient is not allowed to check before being paid. the research method used in this research is normative juridical research type, with 3 (three) approaches namely statutory approach, concept approach and case approach. the results of the research show that the cash on delivery payment system in online buying and selling does not always place the parties, namely the sender/seller and the receiver/buyer in a normal situation. the situation or agreement agreed upon by the parties will cause problems if the goods received are not suitable or damaged. the recipient is required to pay the price of the goods including shipping costs before opening or inspecting the goods. damaged or non-conforming goods can be claimed and if the claim is accepted then the process to replace the goods or pay compensation is carried out.]]>
<![CDATA[Perlindungan Hukum Bagi Pencipta Yang Ciptaannya Digunakan Dalam Aplikasi Tiktok Menurut Undang Undang Nomor 28 Tahun 2014 Tentang Hak Cipta ]]>
<![CDATA[Panjaitan, Wijaya Natalia]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9803
<![CDATA[Tiktok is an application that is currently popular as a platform for creativity because it is filled with a selection of songs or music that can be created in the form of fragments of a few seconds to some in the form of full music, which is a copyrighted work whose use must be with the permission of the creator. The existence of the Tiktok application that uses songs belonging to the creator without permission can be said to have violated copyright, so the creator needs to get legal protection because if this is allowed it will harm the creator and the state. The research method used is normative juridical by using the approach of law number 28 of 2014 on copyright, conceptual approach and case approach. The results showed that creators who create works that are then used in the Tiktok application must have legal protection under the Copyright Law in Indonesia.]]>
<![CDATA[Kepastian Hukum Terhadap Kendaraan Yang Didaftarkan Atas Nama Persekutuan Komanditer ]]>
<![CDATA[Sihite, Sri Rumada]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9804
<![CDATA[Lawful and reasonable agreement. However, registering the motorized vehicle has a legal consequence that the second party enters their capital in the form of goods, in this case the truck fleet, another problem that arises from the agreement is the consequences in the event of a loss to the company. More specifically regarding the responsibility of the Limited Partnership for motorized vehicles on behalf of the Limited Partnership where in essence the vehicle is owned by an individual. The ambiguity that arises is as if the motorized vehicle can be categorized as assets owned by the Limited Partnership so that the curator can carry out an inventory of the assets of the Limited Partnership. The research method used in this paper is normative legal research. This research is directed to be able to provide a description of the implications of legal certainty for vehicles registered on behalf of limited partnerships. Based on this description, the legal gaps in this study are: legal certainty for registered vehicles, the validity of agreements made by limited partnerships with new members, and legal consequences in the event of bankruptcy in limited partnerships for members. Legal certainty for vehicles registered on behalf of the vehicle on behalf of the Limited Partnership. Success Kencana Express and the letters used legally. The validity of the truck fleet ownership membership agreement with CV. Success Kencana Eexpress. Where the agreement is done under the hand. Article 1338 of the Civil Code states that the agreement remains in effect as the law that made it because the legal conditions for the agreement have been met. Legal consequences if there is a loss to CV. Success Kencana Eexpress is mentioned in Article 8 in the membership agreement letter for ownership of the truck fleet with CV. Kencana Abadi's Success are matters that have not been sufficiently regulated/irregular in a statement letter and membership agreement will be arranged by deliberation and consensus. In this provision it is stated that if there is something that is not explained, including parties who feel disadvantaged.]]>
<![CDATA[Tanggung Jawab Badan Usaha Milik Negara Dalam Kegiatan Ekonomi Pada Cabang-Cabang Produksi Yang Tidak Menguasai Hajat Hidup Orang Banyak ]]>
<![CDATA[Nabila, Syadzwina Hindun]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9805
<![CDATA[Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.]]>
<![CDATA[Vaksin Covid-19 Sebagai Karya Paten Dalam TRIPs Agreement ]]>
<![CDATA[Jose, Palti Josua]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9911
<![CDATA[The Covid-19 pandemic is a Public Health Emergency, a challenge for developing and underdeveloped countries to get a Covid-19 vaccine. Patent protection that is accommodated in the TRIPS Agreement is considered burdensome for vaccine accessibility, because it has a direct impact on increasing vaccine prices, making it difficult for some countries with low per capita incomes and lagging industries to reach them. The purpose of this paper is to determine the arrangement of patent rights based on the TRIPS Agreement. The research method used in this paper is normative juridical, namely by examining library data or materials in the form of primary legal materials and secondary legal materials. Then it will be described descriptively and given a conclusion. The strict patent system and the exclusive rights of patent holders contained in the TRIPS Agreement are barriers to reaching pharmaceutical inventions. Therefore, every country needs a National Emergency Plan that can accommodate health services such as vaccines. This can be implemented using a Compulsory License or Government Use (Patent Implementation by the Government) instrument.]]>
<![CDATA[Eksistensi Jaminan Hak Tanggungan Sebagai Jaminan Cross Collateral ]]>
<![CDATA[Sinaga, Roulinta Yesvery]]>;
<![CDATA[Dyastuti, Risqi Mumpuni]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i1.9949
<![CDATA[The freedom to impose more than one mortgage as stated in Article 5 of the Mortgage Right Act is a gap in the misconception of guarantee execution. The existence of more than one debtor or more than one creditor but still on the same collateral motorcycle taxi requires a strict application of clauses in the agreement.The purpose of this study is to examine the existence of mortgage rights as cross-collateral guarantees. This research was carried out in a normative juridical manner, using library data as secondary data for the study of rules and norms in law. The conclusion obtained from this study is that the imposition of mortgage rights can be carried out through two series of activities, namely the granting of mortgage rights and registration of mortgage rights. The freedom to be burdened with more than one mortgage to guarantee more than one debt is waived by Article 5 UUHT. The history of recording more than one mortgage will be recorded on the Mortgage Certificate (SHT) with the mention of the first/second/third rank and so on. The execution of mortgage rights can be carried out by Article 20 UUHT, namely based on the execution parate in Article 6 UUHT, Based on the executorial title in Article 14 and voluntary sale by agreement of both parties Article 20 paragraph (2). Execution constraints are still encountered in practice, especially in the imposition of more than one mortgage. The meaning of the priority principle is a misconception of the appropriate agency. In order to minimize execution constraints, the use of the cross-collateral clause is a way for the application of the creditor prudence principle. The use of cross-collateral which is equipped with cross-default and confirmed in the collateral agreement for collateral registration is then carried out.]]>
<![CDATA[Legalitas Penjual Bahan Bakar Minyak Eceran ]]>
<![CDATA[Mahulette, Muhammad Syamsudin]]>;
<![CDATA[Akyuwen, Rory Jeff]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i2.11504
<![CDATA[Due to the impact of the increase in fuel prices, many motor vehicle users buy more often from retailers because it is faster and there is no need to queue even though the prices tend to be more expensive. In Article 43 to Article 53 of Government Regulation Number 36 of 2004 concerning Downstream and Natural Gas Business Activities, it is clear that this Regulation only regulates business entities, this means that those who can carry out trading activities in fuel oil are business entities, but we have encountered many In reality, many retail fuel oil sellers are carried out by individuals who are not licensed business entities. The method used in this research is Normative Juridical and in this research it prioritizes primary legal materials, secondary legal materials and tertiary legal materials. And the problem approach used is a statutory approach and a conceptual approach, then the collection of legal materials used in this research uses literature study and analysis of legal materials uses qualitative analysis.The results of this research show that the validity of the sale and purchase agreement for fuel oil between the gas station and the retailer is invalid if the retailer is not a business entity and has a permit from the Investment and One-Stop Integrated Services Service because one of the valid conditions for the sale and purchase agreement is an analogous skill requirement. as the authorized party to carry out the sale and purchase of retail fuel oil, this results in an invalid sale and purchase in the eyes of the law because it does not fulfill all the legal requirements for a sale and purchase agreement in Article 1320 of the Civil Code. And the legal consequences resulting from buying and selling retail fuel oil for business actors who do not meet the requirements are administrative sanctions such as revocation of business permits and also criminal sanctions as regulated in Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas.]]>
<![CDATA[Perlindungan Hak Ekonomi Pencipta Dan Pemegang Hak Cipta Atas Pemutaran Musik Atau Lagu Di Kafe Dan Restoran ]]>
<![CDATA[Talahatu, Reylandho Cornelius]]>;
<![CDATA[Berlianty, Teng]]>;
<![CDATA[Balik, Agustina]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i2.11609
<![CDATA[Commercially playing music or songs in cafes and restaurants by these business actors are required to pay royalties as regulated in Government Regulation No. 56 of 2021. However, quite a few business actors are still currently refusing and not paying royalties for certain reasons, This act of not paying royalties of course violates the exclusive rights in the form of economic rights of the creator or copyright holder and causes economic losses for the creator or copyright holder. This research uses a normative juridical research method with the legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were carried out through literature study and analyzed using qualitative methods to answer the problems in this research. The results of this research can be concluded that business actors who play music or songs commercially in cafes and restaurants and do not pay royalties have violated the economic rights of creators and copyright holders. The legal consequences of violations of economic rights, as regulated in Government Regulation No. 56 of 2021 and Law No. 28 of 2014, are that creators or copyright holders can file lawsuits and can be subject to compensation fines or imprisonment for business actors who do not pay royalties. It is necessary to expand the reach of LMKN and improve infrastructure so that it can reach small areas, as well as for creators to be able to immediately register their creations to make it easier for LMKN to manage royalties and avoid Copyright violations and to make it easier to resolve problems related to Copyright.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Atas Produk Makanan Yang tidak Memenuhi Standar Mutu ]]>
<![CDATA[Belassa, Saputra]]>;
<![CDATA[Pesulima, Theresia Louize]]>;
<![CDATA[Sopamena, Ronald Fadly]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i2.11617
<![CDATA[Consumer protection is important considering the ever-increasing speed of science and technology. This research aims to examine how legal protection is for consumers for food products that do not meet quality standards and what legal measures can be taken by consumers who experience losses. The type of research used in this writing is normative legal research. By using a statutory approach and a concept approach. Analysis of legal materials uses qualitative methods, namely studies related to legal norms contained in statutory regulations and legal norms that exist in society. The qualitative analysis method is carried out by analyzing legal materials based on concepts, theories, laws and regulations, expert opinions and the author's own views that are relevant to the problem under study, then interpretation is carried out to conclude from this research question. The results of this research conclude that the form of legal protection for consumers in consuming food products based on the UUPK aims to protect consumers and monitor negligent actions on the part of business actors in managing food products, as an effort to empower business actors to be able to maintain the quality of their products, without intending to kill the businesses of business actors. the. The existence of the UUPK provides encouragement for business actors to become smart entrepreneurs and aware of the law in providing quality products. There are two legal remedies that Siwalima Ambon High School students can take as consumers for the losses experienced, namely by litigation legal remedies or legal remedies carried out in court through lawsuits for violations of the business actor and non-litigation legal remedies or legal remedies outside the court which can be resolved by Consumer Dispute Resolution Agency (BPSK) through mediation, arbitration and consolidation forums as regulated in Article 45 paragraphs 1 and 2 UUPK.]]>
