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KANJOLI Business Law Review
Published by Universitas Pattimura
ISSN : -     EISSN : 29887682     DOI : 10.47268/kanjoli
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 29 Documents
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Ganti Kerugian Akibat Wanprestasi Perjanjian Kerja Sama (Bagi Hasil) Kajian KUHPERDATA Alwi, Lala; Tjoanda, Merry; Radjawane, Pieter
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i2.11618

Abstract

The breach of contract in a cooperation agreement resulting in losses to the creditor as the capital provider constitutes a breach of contract. Thus, it is necessary to examine the legal relationship between the debtor and creditor, as well as the form of compensation for losses due to the breach of contract in the profit-sharing agreement. This research method is juridical-normative and is descriptive-analytical, utilizing an approach formulated within the results of literature research from primary, secondary, and tertiary legal materials analyzed and examined in a structured assessment. The research results indicate that the legal relationship between the debtor as the fund recipient and the creditor as the fund provider is governed by the cooperation agreement or profit-sharing, regulating the rights and obligations of both parties, including the legal relationship between the debtor and creditor referring to the relationship formed when the debtor takes a loan or receives credit from the capital provider (creditor). This relationship is governed by an agreement/contract that regulates the rights and obligations of both parties, covering various aspects such as the Agreement/Contract Relationship, financing, trust, and supervision relationships. In the event of a breach of promise by the debtor, the consequence in the form of compensation is the debtor's obligation to pay damages arising from the debtor's negligence as regulated in the Civil Code, consisting of three types: costs, losses, and interest. In connection with the above problem, even though the legal terms of lending have been agreed upon in the agreement/contract, the regulation of these legal relationships must also be included in the agreement to prevent future breaches that may cause losses to the capital provider (creditor).
Kekuatan Hukum Covernote Notaris Dalam Proses Takeover Perjanjian Kredit Sean, Cedric; Uktolseja, Novyta; Haliwela, Nancy Silvana
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i2.12082

Abstract

with the debtor or something related to the Notary's Duties and Authorities in accordance with Law Number 30 of 2004. One form of Notary authority over the Credit agreement is by issuing a Covernote. In fact, Covernote is not regulated in the Law, so it is necessary to review the legal force of Covernote. Notary in Credit process at Banks and how the legal consequences of Notary Covernote on Debtors and Creditors. To know and explain, related to the form of Notary Covernote Legal Power in the Credit Agreement Takeover Process. Normative juridical methods, which will certainly be studied more deeply based on positive legal provisions, as well as legal principles. as well as using primary, secondary and tertiary legal materials. From the results of the study, it is known that Notary Covernote in terms of credit disbursement by the Bank to its customers serves only as a bank handle. Covernote as a notary legal product has no legal effect, because Covernote is not an authentic deed or a separate deed, but only an ordinary letter explaining the ability or notary information to complete the unfinished process. Notary negligence in fulfilling what is stated in the Covernote will cause losses / legal consequences for the bank as a creditor where the guarantee engagement can be considered a failure, while the credit agreement is still ongoing, and on the debtor side it will incur new costs if re-engagement must be made, and also the notary can be criminally prosecuted, if it turns out that in making the Covernote there is an element of notary negligence on the validity and correctness of the document. So to avoid this, a legal umbrella / law is needed that regulates the use / issuance of Covernote to protect the interests of banks, debtors and limited against notaries.
Perlindungan Konsumen dan Tanggung Jawab Perusahaan Ekspedisi terhadap Kasus Kerugian Barang dalam Pengiriman Salmon, Harly Clifford Jonas
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.12998

Abstract

This study discusses the responsibility of expedition companies towards lost consumer goods using a normative juridical research method. The results of the study indicate that regulations related to the shipment of goods by business actors are governed by several laws and ministerial decisions. However, there is often a gap between expedition practices and legal provisions, which leads consumers to feel dissatisfied or disadvantaged. Adequate consumer protection becomes crucial, and there is a need for revisions to the Consumer Protection Law to accommodate the interests of all parties involved. Dispute resolution between consumers and business actors can be carried out through non-litigation channels, such as the Consumer Dispute Settlement Body (BPSK), or through litigation channels. In cases of lost goods caused by expedition companies, these companies are fully responsible in accordance with the principle of liability for negligence. Therefore, expedition companies are obliged to compensate consumers for both material and non-material losses incurred.
Perbuatan Melawan Hukum Atas Penggunaan Aplikasi Micha Gurium, Abdul Haji; Tjoanda, Merry; Haliwela, Nancy Silvana
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i2.13001

Abstract

The development of builders is increasing, especially in the field of information and communication technology that is growing rapidly, so that work or human needs are getting easier, with advances in technology in the form of applications that exist today. Many activities or needs can be met, such as being used to order meals through the application. However, developments in the field of technology have resulted in a michat application that is used as immoral acts which are against the law. as in Article 1365 of the Civil Code. The use of the michat application is currently used as a means of communication, but is often used to commit immoral acts. as a form of unlawful act. As a result, sanctions will be imposed. The research method that uses is normative juridical, by examining various laws and regulations and other literature related to research. The purpose is to find out and explain how the form of unlawful acts and sanctions for unlawful acts with michat application users. The results of this study show that the use of the michat application is a form of unlawful acts, moral norms and religious norms (Islam) because it is used for immoral acts and the use of the michat application is sanctioned in accordance with the law in order to get a deterrent effect for its actions and will not do similar actions. The use of the michat application is a form of unlawful action and gets sanctions according to the law. So it is necessary to give an understanding to michat application users, and there must also be government supervision of michat application users.
Tanah Negara Yang Dimasukkan Ke Dalam Boedel Pailit (Studi Kasus Putusan Pengadilan Niaga No. 04/Pdt.Sus-Pailit/2023/PN. Niaga.Mdn) Panjaitan, Wijaya Natalia
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13018

Abstract

The classification of assets included in the boedel bankruptcy by the curator is carried out in accordance with the provisions of laws and regulations. Problems may arise when the classification of property and assets included in the boedel bankruptcy is not an asset that should be a valid boedel bankruptcy and may be distributed to its creditors. This mistake can be fatal if the assets included in the boedel bankruptcy are assets in the form of land but it turns out that the land is state land. This study aims to analyze the legal implications of state land being included in the boedel bankruptcy. The research method used is the Normative Juridical Research Method with literature review. The legal consequences of including assets that are not the rights and property of the debtor into the boedel bankruptcy are a mistake and have an impact on the invalidity of the assets that are the object of asset management, which is also an act of illegal action because the boedel bankruptcy should only include assets that are legally owned and controlled by the bankruptcy debtor.
Implementasi Roya Objek Hak Tanggungan Online Pasca Berlakunya Permen Agraria Nomor 05 Tahun 2020 Tentang Pelayanan Hak Tanggungan Terintegrasi Secara Elektronik Nabila, Syadzwina Hindun
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13035

Abstract

Article 1 of Regulations of the Minister of Agriculture and Space Administration/Head of the National Farming Agency No. 05 of 2020 on Electronically Integrated Dependency Services provides the definition of electronic liability services, that is, the stages of the service of liability rights in a network that is organized electronically. There are considerable differences between a conventionally executed and an electronically executed right of claim. One of the differences is the removal of dependence. (roya). This study uses a method of normative juridic approach, with specifications that are analytical descriptive. The data used is secondary data obtained from a library study. The results of this study show that the application for the cancellation of roya liability conventionally should be made directly to the land office with the result of a physical record issued by the land bureau. Conventionally, the right of responsibility is no longer enforced, all of it is transferred to the HT-el system. In the electronic royalty, the party applying for the right to responsibility can apply through the system with the attachment of the specified requirements, and the result is an electronic document.
Prudent Principle Dalam Penyaluran Kredit Pada Layanan Digital Perbankan Sopamena, Siska Vilonia Indah; Tjoanda, Merry; Kuahaty, Sarah Selfina
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13262

Abstract

In credit distribution carried out through digital banking services, approval of credit applications and data verification are processed more quickly than if done conventionally. This gives rise to the implication that the prudent principle for providing credit or other financing has not been fully implemented and could result in losses for the bank and the Debtor Customer if it continues if the prudent principle is not implemented properly. The aim of this research is to review and discuss the application of the Prudent Principle in the procedure of acquiring credit through digital banking services as well as whether the digital procedure to acquire credit could provide protection for the parties. The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the prudent principle must be implemented effectively to determine whether the prospective Debtor Customer can be trusted and is able to make payments so that both parties do not experience losses. How quickly the approval of credit applications made through digital banking services shows that the implementation of prudent principles has not been implemented properly when compared to credit applications made conventionally. Legal protection for the parties involved can be implemented by using relevant laws and regulations as a form of preventive legal protection. There is also repressive legal protection in the form of alternative dispute resolution or through civil lawsuits in court.
Perlindungan Hukum Terhadap Penggunaan Suara Penyanyi dalam Pembuatan Karya Seni Musik Menggunakan Kecerdasan Buatan Wear, Elsa Amalia; Berlianty, Teng; Narwadan, Theresia Nolda Agnes
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13559

Abstract

Currently, there are many musical works of art that are sung by artificial intelligence using the voice of a particular singer. Where, the singer's voice is taken through a music recording and then inputted, studied, and replicated by artificial intelligence. Of course, the taking and use of the singer's voice is done without the permission and rights of the relevant parties. In fact, Law Number 28 of 2014 concerning Copyright has guaranteed the rights of singers as one of the relevant rights holders. The research method used is normative juridical using a statutory approach and conceptual approach. The legal sources used are primary, secondary, and tertiary legal materials with legal material collection techniques using literature study techniques analyzed with qualitative descriptive techniques. The results showed that legal protection of singers whose voices are used in the creation of musical works of art through the use of artificial intelligence technology can be provided in terms of prevention through registration of creations, supervision by the government, and through the procurement of binding legal products. As well as repressive legal protection by blocking and closing content or access rights, filing lawsuits to the Commercial Court, and imposing criminal sanctions.
Problematika Implementasi Eksekusi Harta Pailit Oleh Kreditur Separatis Dan Kurator Perspektif Keadilan Saija, Ronald
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13699

Abstract

When executing bankruptcy assets begins, it is important to remember that separatist creditors as holders of material guarantees have a special position to execute themselves on bankrupt assets which are the object of their material guarantees. In a bankruptcy case, there are actually 2 (two) parties who can apply for execution, namely the Curator and the separatist creditor. This is the problematic implementation of bankruptcy law in Indonesia regarding bankruptcy assets belonging to bankruptcy debtors. As for the problem being studied is: "how is the legal analysis related to the implementation of the execution of debtor bankruptcy assets by Separatist Creditors and Curators from a justice perspective?". The aim of this research is to find solutions to problems objectively. The research method used is normative juridical research which is descriptive-qualitative in nature, by examining legal materials, both primary legal materials and secondary legal materials through related literature studies. The analysis used in this research is qualitative analysis to answer the problems studiedred.
Pemenuhan Hak Ekonomi Pencipta Atas Karya Koreografi Dalam Kegiatan Komersil Labobar, Navtaly Duestyn; Kuahaty, Sarah Selfina; Pariela, Marselo Valentino Geovani
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i2.14447

Abstract

In credit distribution carried out through digital banking services, approval of credit applications and data verification are The benefits derived from creating choreographic works include economic rights in the form of royalties. However, it is often the case that many copyright users use choreographers’ works for commercial performances without permission and without paying royalties. According to Article 9 of Law Number 28 of 2014 on Copyright, economic rights are the exclusive rights of the creator that arise from their own works. Therefore, the creator of choreographic works is entitled to receive economic rights in the form of royalties. If other parties use the copyrighted work without permission and do not pay the stipulated royalties, it constitutes an unlawful act. This study is a normative juridical research using statutory and conceptual approaches. The legal materials used are primary, secondary, and tertiary legal materials. The results of this study can be concluded that legal protection is necessary for copyright holders to ensure the fulfillment of their economic rights in the form of royalties and to provide legal protection for choreographic creators whose works are used by other parties in commercial activities, as well as the procedures to obtain economic rights in the form of royalties for the creators.

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