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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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Akibat Hukum Penggunaan Potret Idol Dalam Bentuk FanArt Pada Sampul Novel Lefumonay, Imelda; Berlianty, Teng; Balik, Agustina
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.v2i2.16280

Abstract

Reading activities in today's digital era are increasingly accessible thanks to the abundance of information and communication. Access to a wide range of reading materials can now be done anywhere and anytime. One of the trends that has emerged in the publishing of fiction novels in Indonesia is the use of K-pop idol themes on book covers, especially those that have been registered with ISBNs. The covers of these novels often feature portraits of idols produced through fanart, tracing or other digital methods. For example, a novel called Hidden 2.O by Asabell Audida features the faces of EXO's Chanyeol and BTS's Jungkook drawn with vector techniques. However, this act of commercialization has the potential to violate the economic rights stipulated in Article 12 Paragraphs (1) and (2) of the UUHC, both for the idol concerned and the agency that oversees it. The research method used is juridical-normative with the approach used in this study being a conceptual approach and a statute approach. To answer the existing problems, the author collects legal materials through literature study and analysis with qualitative analysis methods. The results of the research regarding the use of images of Chanyeol from EXO and Jungkook from BTS as the cover of a novel by Asabell Audida without obtaining permission show that there is an unlawful act, which according to Article 9 Paragraph (2) of the UUHC the use of portraits for commercial purposes without the consent of the creator or copyright holder is a violation of the law. Therefore, fan artists who sell their works without permission can be considered to have committed an illegal act. And the legal consequences can be for the writer and also the legal consequences for the sale of the novel can be up to the revocation of the sales license.
Implikasi Hukum Kreditur Menangkal Pailit Yang Diajukan Debitur Berdasarkan Putusannya Nomor 33/PAILIT/2004/PN. NIAGA.JKT.PST Saija, Ronald; Radjawane, Pieter
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.v2i2.16295

Abstract

This study aims to understand how the settlement of bankrupt assets is conducted concerning debtors filing for their bankruptcy. The case begins with the debtor's inability to repay their debts, leading them to declare bankruptcy. This research employs a normative juridical approach, prioritizing library research and document analysis to obtain secondary legal materials. The normative approach examines legal regulations related to the issue of legal protection for creditors concerning bankruptcy filed by debtors. Meanwhile, the juridical approach is used to analyze legal facts to address issues related to the protection of creditors' rights in connection with debtors declaring bankruptcy. The Bankruptcy and Suspension of Debt Payment Obligations Act (UUKPKPU), which replaced the previous Bankruptcy Act (UUK), remains insufficient in fully protecting creditors' rights. In the dispute involving PT. Golden Adishoes, there is a lack of clarity regarding the full repayment of debts, particularly when the bankrupt debtor's assets are insufficient to settle all their obligations. This situation implicitly forces creditors to accept that the bankrupt debtor cannot fully repay their debts. Furthermore, there is no explicit guidance or solutions provided for creditors to take action before the bankruptcy petition is filed by the debtor in the Commercial Court.
Implementasi Tanda Tangan Elektronik dalam Perjanjian Lenggono, Roy Prabowo
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.v2i2.17412

Abstract

Implementing electronic signatures has become a significant phenomenon and accelerated the adoption of digital technology in various sectors, including law and business. However, it also raises multiple current issues, such as data security, privacy, and the legal validity of electronically signed documents. This research aims to analyze the implementation of electronic signatures in agreements in Indonesia from a legal perspective and to identify the challenges and solutions needed to ensure the legitimacy and security of their use. This research uses a descriptive-analytical normative legal research method through a literature study. Implementing electronic signatures in agreements in Indonesia is an important step toward legal modernization. Therefore, intensive public education is needed to increase trust and acceptance of electronic signatures in every agreement.
Tanggung Jawab Pelaku Usaha Skincare Atas Tindakan Penjualan Dibawah Harga Pasar Ode, Anisa; Tjoanda, Merry; Kuahaty, Sarah Selfina
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.19623

Abstract

Pricing strategy plays an important role in determining a company's position in the market. One example of an act of selling below market price. Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, stipulates that "Business actors are prohibited from supplying goods and/or services by selling at a loss or setting very low prices with the intention of eliminating or ensuring the business of their competitors in the relevant market so that it can result in monopolistic practices and/or unfair business competition". One example of a case is an HM influencer and skincare business actor HBC (Hanum Beauty Care), selling products below market price, where this action is detrimental to resellers. This research is normative juridical using a statutory approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials. The results of the study show that HM has good intentions objectively and uses the principle of responsibility based on the element of error. Based on the act of selling below market price carried out by HM, HM can be held accountable along with payment of compensation when the reseller can prove that the action caused him a loss. Dispute resolution is done through mediation as a non-litigation solution that is more flexible and beneficial to all parties. If no agreement is reached, formal legal channels through KPPU or civil lawsuits can be an alternative to uphold healthy business competition.
Tanggung Jawab Direksi Terkait Rapat Umum Pemegang Saham (RUPS) Tahunan Noija, Gloria Gracia; Pesulima, Theresia Louize; Pariela, Marselo Valentino Giovani
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.19810

Abstract

The Annual General Meeting of Shareholders is an important forum for shareholders to obtain the Board's accountability report on the management of the company over the past financial year. The Board, as the company's organ responsible for its operations, has the obligation to hold the Annual General Meeting in accordance with applicable laws and regulations. Based on Law Number 40 of 2007 concerning Limited Liability Companies Article 78 Paragraph 2 of the Company Law, the annual General Meeting of Shareholders (RUPS) must be held no later than six months after the end of the financial year. However, the reality is that there are still companies that do not hold the RUPS. The type of research used is a normative legal approach with a Statutory Approach and a Conceptual Approach. The legal materials used are primary and secondary legal materials which are analyzed qualitatively to answer the problems being studied. The Board of Directors is fully responsible for the implementation of the Annual General Meeting of Shareholders, which includes the obligation to hold the meeting no later than six months after the end of the financial year, to prepare and submit an annual report to the shareholders, and to ensure that the financial statements have been audited by a public accountant if required. The Board of Directors is also required to be present at the General Meeting to provide explanations regarding the company's performance and condition, as well as to follow up on any decisions made during the meeting. The entire implementation process of the GMS must be carried out in accordance with the provisions of the Company Law, the company's articles of association, and the principles of good corporate governance. Meanwhile, the Board of Directors that does not hold the GMS obviously contradicts the provisions of the Company Law, particularly Article 78 Paragraph (2), and can be categorized as an unlawful act if it fulfills the elements in Article 1365 of the Civil Code.
Penyelesaian Masalah Gadai Syariah (Rahn) Pada Pegadaian Syariah Ramadan, La Ode Alfachriy Ridla; Latupono, Barzah; Fataruba, Sabri
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.22694

Abstract

Pawning is a means for the wider community to borrow money by handing over valuables as collateral. Resolving sharia pawn problems (rahn) is an integral part that prioritizes the principles of justice, responsibility and compliance with Islamic law. However, during the implementation of transactions, legal problems often arise which cause losses for customers. The purpose of this research is to find out and explain the application of sharia principles to rahn contracts, and to find out and explain the steps to resolve rahn contract problems when disputes occur, such as customers whose collateral is exchanged for fake gold and the responsibility of the pawnshop for collateral items that have been exchanged. . The research method used is normative juridical research with a descriptive analytical research type using a conceptual approach and a statutory regulatory approach. The research results show that the application of sharia principles in resolving rahn contract problems cannot be separated from the role of the National Sharia Council (DSN) which is tasked with developing the application of sharia values ​​in economic activities as well as steps to resolve rahn contract problems when experiencing disputes in the form of loss of collateral. Replaced by the pawnshop in accordance with Financial Services Authority Regulation Number 31 of 2016 concerning Pawnshop Business.
Tanggung Jawab Marketplace Terhadap Penjualan Barang Secara Online Pattipeilohy, Quentyn Priscilla; Akyuwen, Rory Jeff
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.22698

Abstract

Currently, there is a lot of use of the internet for commerce among the public which is a means of online buying and selling. It is regulated in the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation Number 8 of 2019 concerning Trading Through Electronic Systems. However, there are still many violations that are committed to the detriment of buyers and sellers. Based on this research, online marketplaces allow sellers and buyers to interact and carry out transactions online, facilitating the buying and selling process and increasing sales capabilities, but the parties involved in buying and selling on the marketplace do not comply with statutory regulations so it can be concluded that the actions that have been taken carried out by each party can cause losses to each party intentionally or unintentionally. The responsibility of the marketplace is to provide compensation and compensation for goods received that do not comply with the agreement.
Larangan Impor Pakaian Bekas Sinmiasa, Tirza Christin Luciana; Balik, Agustina
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.22701

Abstract

Clothing is a basic human need that serves not only a physical function but also carries psychological and social dimensions reflected in the phenomena of fashion and brands as symbols of status. The import of branded used clothes in the context of globalization is a trend in Indonesia because of its more affordable prices. However, since the issuance of the Minister of Trade Regulation Number 51/M-DAG/PER/7/2015, the import of used clothing has been prohibited in order to protect the national textile industry and prevent the spread of diseases. This study aims to analyze the import procedures based on the Minister of Trade Regulation Number 40 of 2022 concerning Prohibited Export Goods and Prohibited Import Goods, as well as to examine the legal consequences for importers who distribute secondhand clothing to business actors. The research method employed is normative legal research with a descriptive-analytical approach. The results show that the regulation serves as an important instrument for controlling the flow of imported goods, particularly secondhand items, as a form of the government’s commitment to protecting national interests, maintaining economic growth, and ensuring environmental safety and sustainability. Importers are required to comply with the applicable legal provisions and quality standards. Violations of the prohibition on importing used clothing may result in imprisonment of up to five years and/or a maximum fine of five billion rupiahs. Based on the Consumer Protection Law, additional sanctions may include imprisonment of up to five years or fines of up to two billion rupiahs. Law enforcement measures are carried out through the destruction of illegal goods, business termination, and revocation of trade licenses.
Parate Eksekusi Oleh Kreditur Kepada Debitur Atas Objek Jaminan Kredit Akibat Wanprestasi Apituley, Werner Marfendo; Saija, Ronald
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.22703

Abstract

The implementation of the execution parate is regulated in Law Number 4 of 1996 concerning Mortgage Rights over land and objects related to the regulation of the execution model. In June 2023, the debtor borrowed credit from the creditor, namely BRI Rawamangun. For two years the debtor pays the credit smoothly, then in the third year the debtor is unable to pay off the credit. When providing credit, banks require collateral or collateral that can be used as a substitute for debt repayment if the debtor defaults. This research is normative legal research. The research approach uses a statutory approach, a case approach and a conceptual approach. The research stage uses library research, namely searching for secondary data using primary, secondary and tertiary legal materials. The legal material analysis technique uses qualitative analysis techniques. The results of the research show that, in setting the execution parate by the Bank for credit collateral objects due to default, the legal basis for the regulation of credit is Banking Law No. 10 of 1998 concerning credit agreements and Law No. 4 of 1996 concerning mortgage rights in article 6 related to the legal basis of the execution parate. This legal basis is the bank's power to carry out execution of credit guarantees due to default in good faith from the debtor who deliberately neglected to carry out the credit agreement.

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