Indonesia Private Law Review
FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law Review, law development must integrate and synergize with other sectors of development. SCOPE The Indonesian Private Law Review scope discusses matters regarding the legal grounds, implementation, and law and development of the private law field. The journal encourages contributions on fields that have correlation or interests to the following discussions: Agreement International trade Islamic law Family law Adat law Business and economy law Intellectual Property Rights Civil Code of Indonesia or burgerlijk wetboek Commercial Code of Indonesia or Wetboek van Koopenhandel voor Indonesia.
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48 Documents
<![CDATA[PENERAPAN KLAUSULA EKSENORASI PADA PERJANJIAN FORMULIR PEMBUKAAN REKENING NASABAH PADA BANK KONVENSIONAL DI BANDAR LAMPUNG ]]>
<![CDATA[Chairy Naima Amalia]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i1.2043
<![CDATA[The application of the deposit clause in banking agreements such as account opening forms and credit distribution forms, causes the position of consumers in this case the bank's creditors' customers become weaker. The problem will be discussed in this study are how the application of the exploration clause in conventional banks? What are the legal arrangements regarding the exoneration clause? The research method used is an normative legal approach. Research shows that the agreement for opening a customer account is based on a sample of 3 conventional banks in Lampung Province that the agreement fulfills the elements of an agreement in accordance with the Financial Services Authority Regulation (POJK) and this agreement is a form of an exoneration agreement. This can be seen from the form or model of an agreement for opening a savings account at a bank that has generally been made in the form of a standard form containing various things that must be filled out by prospective creditors. The fact is that the form of legal protection for depositors' creditors against the exoneration clause in the form of opening a savings account at a commercial bank is regulated in the Civil Code, the UUPK and POJK.]]>
<![CDATA[EKSEKUTORIAL PUTUSAN PEMBATALAN MEREK TERDAFTAR ]]>
<![CDATA[Eko Yuliyanto]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i1.2044
<![CDATA[Brand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has been canceled.The paper will focus on the analysis of judges' consideration in making the decision to cancel the registered brand (case study of decision No. 85 PK / Pdt.Sus-HKI / 2015), as well as an analysis of the execution of the decision to revoke registered brand (case study of decision No. 85 PK / Pdt.Sus -HKI / 2015). The method used is normative legal research. The results of the study showed that the legal basis by the Judges had accommodated all the substance of the juridical reason for the cancellation of the brand Cap Kaki Tiga by referring the provisions of Article 6 paragraph (3) letter b of Trademark Law (currently regulated in Article 21 Paragraph (2) letter b of the Trademark and Geographical Indications Law).Furthermore, an executorial decision regarding the cancellation of a registered brand may only be limited to procedural actions in administrative business such cancellation the brand from the general register and announcing the cancellation the brandin the official news of that brand.]]>
<![CDATA[PERLINDUNGAN WARISAN BUDAYA SENI TARI MELINTING MASYARAKAT ADAT LAMPUNG DALAM PERSPEKTIF SISTEM HUKUM KEKAYAAN INTELEKTUAL ]]>
<![CDATA[Reza Aditya Ramadhan]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i1.2045
<![CDATA[The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.]]>
<![CDATA[PEMINJAMAN NAMA PERUSAHAAN OLEH DIREKSI KEPADA PIHAK KE TIGA DALAM PERSORAN TERBATAS ]]>
<![CDATA[Sidrotul Akbar]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i1.2046
<![CDATA[The actions of the Board of Directors in the form of lending the name of the company to other people who have the capacity to take legal actions on behalf of the company are basically actions that are contrary to Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies. If it is done, then it normatively can be understood that the Board of Directors has been negligent in carrying out its duties and responsibilities in running the company. This research was conducted on the basis of the problem regarding the concept of borrowing the company name as an ultra vires act and an analysis of the responsibilities of the Board of Directors for ultra vires actions. This research uses normative legal research methods.]]>
<![CDATA[ANALISIS YURIDIS KLAUSUL DISCLAIMER OLEH PELAKU USAHA PADA SITUS JUAL BELI ONLINE (E-COMMERCE) ]]>
<![CDATA[Heni Pratiwi]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i1.2047
<![CDATA[Disclaimer or exemption clause is a clause or statement used by business actors to restrict or transfer the liability on the rights and obligations of an agreement and legal action. The inclusion of this disclaimer seems to be a freedom for business actors to freely transfer their liabilities which aims to provide protection for them selves, while consumers are being disadvantaged because they cannot file claims or hold accountability in case a default occurs. Therefore, the ease on transferring these liabilities as outlined in the form of a disclaimer is considered a violation of the principle of freedom of contract. This study is a normative research with approach carried out through library study with materials related to the problems of examination. The data sources consisted of primary and secondary data. The collected data were analyzed qualitatively.The results of the study showed that: a). The status of the disclaimer according to the law of agreement was declared null and void because it did not fulfill the objective conditions contained in Article 1320 of the Civil Code, namely legal reasons, containing provisions that contravened the law and violation of the principle of freedom of association. b). The validity of electronic transactions viewed from Article 1320 of the Civil Code was only valid if it fulfilled the four valid conditions of the agreement, both subjective and objective conditions. If these subjective conditions are not met, then as a legal consequence the e-commerce sale and purchase contract would be canceled, and if the objective conditions are not met, the contract would be made null and void, c). The form of legal protection for consumers against the first disclaimer/exemption clause, through preventive protection, UUPK (the Consumers Protection Act) has designed a preventive provision by regulating prohibitions for business actors to include disclaimer clause and it is required to adjust the contents of the disclaimer clause regulated in Chapter V Article 18 of UUPK. Second, through repressive protection which aims to resolve disputes in order to protect consumers. The consumers can resolve the dispute through lawsuit (litigation) and without the intervention of the court (non litigation).]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP APOTEKER YANG MELAKUKAN HOME PHARMACY CARE DALAM HAL KEADAAN KEDARURATAN ]]>
<![CDATA[Ardiyansyah Ardiyansyah]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i1.2048
<![CDATA[The legal protection of pharmacists is very important, because if there is no legal protection in carrying out pharmaceutical practices by a pharmacist it will become an obstacle in the running of pharmaceutical services to the public, especially with the new concept of pharmacy services at home (home pharmacy care). The instrument has not been regulated in the law so that the pharmacist profession is vulnerable to criminalization. The problem in this paper is (a) how is the legal protection of pharmacists in conducting home pharmacy care in the emergency services outside in their authority? How do you prevent the criminalization of pharmacists in conducting home pharmacy care? This study uses an empirical juridical and normative juridical approach. The results showed that the legal protection of pharmacists in carrying out home pharmacy care services in the emergency can carry out services outside their authority. The Indonesian Pharmacist Association (IAI) is obliged to provide protection to members as long as they carry out their duties in accordance with professional standards, professional service standards and operational procedure standards, and prevent the criminalization of pharmacists in practicing Home Pharmacy Care services. Suggestions by the authors in this study is expected the government to immediately issue a new law related to the validity of pharmacist activities in conducting home pharmacy care so that the existence of the law will guarantee legal certainty.]]>
<![CDATA[ANALISIS PENANGGULANGAN PEREDARAN OBAT KERAS DAN OBAT–OBAT TERTENTU MELALUI MEDIA ONLINE ]]>
<![CDATA[Evita Ariestiana]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i2.2054
<![CDATA[Nowadays, sellers sell potent drugs and certain drugs through online media. It is often don't have permission. The problem in this study is why potent drugs and certain drugs can circulate through online media? How is the solution of potent medications and certain drugs circulate through online media? This research uses a Normative and Empirical Juridical approach.The results of the study are found the factors of potent drugs and certain drugs can be circulated through online media, namely: First, Nowadays, Indonesia does not yet have a cyber-law in a specific law, Second: The lack of an active role in the society is providing accurate information to the Police relating to illicit drug trafficking in online media. Third, Lack of cyber team personnel both Lampung Regional Police and BPOM Bandar Lampung City because they have not mastered the ins and outs of cyberspace. Fourth, Lack of Facilities and Infrastructure such as transportation equipment, inadequate communication to pursue and arrest groups of drug dealers in online media. Deal with potent drugs and certain drugs that circulate through online media are efforts by Non-Penal (preventive) and Penal (repressive). It has carried out by BPOM of Bandar Lampung City, and Lampung Regional Police include Supervision of Online Drug Distribution). It is through inspection by the Supervisory Officer and monitoring of the website, social media, applications, and other internet media, as well as legal actions such as confiscation and annihilation of certain drugs.As for suggestions related to this problem, it is necessary to have good coordination between BPOM and the National Police in overcoming the crime of drug trafficking through online. It is by increasing capacity and increasing good facilities and infrastructure to support performance; The government should make specific online trade laws to accommodate and anticipate forms of drug trafficking in cyberspace (cyber).]]>
<![CDATA[FUNGSI KOMISI PENGAWAS PERSAINGAN USAHA DAN LARANGAN PRAKTIK MONOPOLI ]]>
<![CDATA[Berli Yudiansah]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i2.2055
<![CDATA[Nowadays, the law enforcement of prohibition monopolistic practices by KPPU is quite effective. But it is cannot be done optimally. This is influenced by the limited authority possessed by KPPU as regulated in Law No. Law. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition or the Antitrust Law, making it difficult to enforce the law. The problem in this paper is how the KPPU functions in law enforcement prohibiting monopolistic practices. The method used in this paper is a method with a normative and empirical juridical approachThe results of the research show that to maximize the KPPU's function in carrying out their duties, it is necessary to make improvements to the Antimonopoly Law, such as the loading of the KPPU's authority and duties to make it clearer. The establishment of special regulations for KPPU that are more technical in the context of applying the substance of the Antimonopoly Law.]]>
<![CDATA[PENGAMBILALIHAN KREDIT OLEH KARYAWAN ALIH DAYA (OUTSOURCING) PT BANK MANDIRI YANG BERAKIBAT PADA TINDAK PIDANA PENIPUAN ]]>
<![CDATA[Lilik Septriyana]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i2.2056
<![CDATA[The number of frauds has evolved with various forms, such fraud committed by bank employees. This study will focus on three legal issues, namely what is the mechanism for offering credit takeovers to customers at Bank Mandiri which in fact can be carried out by outsourcing personnel? What is the ratio legis for the Decision of PN Tanjungkarang Number 664/Pid.B/2017/PN.Tjk actions of outsourcing employees at PT Bank Mandiri? And how to build a security management system for Bank Mandiri against fraudulent attempts by outsourced employees? The research approach in this study is normative juridical approach and an empirical approach by using secondary data and primary data, and qualitative data analysis.The results of the study is the factors of outsourcing employees of PT Bank Mandiri has authorized to offer credit take over to customers, because of social strata factor, economic factors and environmental factors. Judges' consideration of fraud by outsourced employees of PT Bank Mandiri in Decision Number 664/Pid.B/2017/PN.Tjk is based on evidence, witness statements, expert statements, indictments of the Public Prosecutor, elements of the Prosecutor's Indictment, as well as incriminating and mitigating matters. Ideal law enforcement against fraud by outsourced employees PT Bank Mandiri has the aim to punish outsourced employees so that they become a deterrent and not to repeat their actions later on and tend to improve the lives of many people.]]>
<![CDATA[PENERAPAN PRINSIP TANGGUNG JAWAB MUTLAK (ABSOLUT LIABILITY) BERKAITAN DENGAN KERUGIAN KONSUMEN ATAS PENGGUNAAN PRODUK INTERNET BANKING ]]>
<![CDATA[Dian Mahardikha]]>
<![CDATA[ Indonesia Private Law Review Vol. 1 No. 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/iplr.v1i2.2057
<![CDATA[Consumers are parties in weaker position than banking business actors, so consumers do not have the power to encourage banking business actors in fulfil their responsibility for losses in the use of internet banking products. This is one of the reasons why the absolut liability principle is very important to apply. This study focuses on issues regarding the implementation of absolut liability related to consumer losses from the use of internet banking products, as well as an analysis of the inhibiting factors of the implementation of absolut liability related to consumer losses from using internet banking products. The method in this research is empirical normative legal research.The results study showed that the principle of absolut liability is difficult to apply if there are consumer losses due to the use of internet banking products. It is because Article 19 paragraph (5) and Article 28 of the Consumer Protection Law and Article 15 paragraph (3) of the Electronic Information and Transaction Law have requirements for the fulfillment of an element of error in a business actor, whereas in the principle of absolut liability the element of an actor's error business is not an absolute requirement that must be met. The most dominant factors related to the application of the principle of absolut liability can not include legal factors, namely the absence of absolut liability arrangements, law enforcement factors, namely the attachment of proof systems to the elements of business actors' mistakes, and community factors as consumers, namely the limitations to demand compliance responsibility to business actors.]]>
