Journal of Private and Commercial Law最新文献_第2页

Protection of Patent Rights in the Genetic Engineering Development to Support the Development of New Capital City of Indonesia 基因工程开发中的专利权保护，支持印尼新首都的发展

Journal of Private and Commercial Law Pub Date : 2022-11-28 DOI: 10.15294/jpcl.v6i2.38536

Febri Noor Hediati

{"title":"Protection of Patent Rights in the Genetic Engineering Development to Support the Development of New Capital City of Indonesia","authors":"Febri Noor Hediati","doi":"10.15294/jpcl.v6i2.38536","DOIUrl":"https://doi.org/10.15294/jpcl.v6i2.38536","url":null,"abstract":"This set of laws investigates the best ways to build a science on the foundation of genetic engineering and to offer patent protection for products that have been genetically engineered in the new capital city of Indonesia. Genetic engineering requires knowledge of medicine, including drugs and healing procedures, as well as knowledge related to genetic resources, a separate institution is required to study, research, and develop the inherent potentials in the new capital city. This is because genetic engineering includes technical skills, craftsmanship, agricultural knowledge, ecological knowledge, and knowledge of genetic resources. In order for subsequent inventors to be able to compete and develop new genetic engineering technologies, legal protection is absolutely necessary in today's global competition. The purpose of the government's efforts to provide legal protection for patent rights on genetic products is to provide full support to the general public. This will be accomplished by facilitating public access to legal protection by registering intellectual property rights in the field of patents. In a similar vein, the progression of genetic engineering will be protected by the registration of its patent, and its effects will be able to be felt by the people living in the new capital city as well as the areas that surround it. Keywords: Patent Rights, Genetic Engineering, New Capital City","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74563813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Notary's Responsibility Regarding Deliberate Dishonesty Actions 公证员对故意失信行为的责任

Journal of Private and Commercial Law Pub Date : 2022-11-28 DOI: 10.15294/jpcl.v6i2.38541

Andyna Susiawati Achmad, A. A. Indradewi

{"title":"The Notary's Responsibility Regarding Deliberate Dishonesty Actions","authors":"Andyna Susiawati Achmad, A. A. Indradewi","doi":"10.15294/jpcl.v6i2.38541","DOIUrl":"https://doi.org/10.15294/jpcl.v6i2.38541","url":null,"abstract":"A notary is a public official who performs his or her position based on the authority given to him or her by the law. A notary declares and states the wishes of all parties in the authentic deed according to his or her legal knowledge. Prior to that, a notary has to make sure the deed does not violate the law, public order, or morality. One of the common problems with notarial deeds is when false statements are found in an authentic deed. The inclusion of false statements above into an authentic deed is a crime that is covered by Article 263 Paragraph (1) juncto Paragraph 264 Paragraph (1) of the Indonesian Criminal Law. This research is normative juridical research with a statutory approach and conceptual approach. The conclusion of this research is most of the false statements found in authentic deeds came from the parties interested in the deed; however, this does not mean a notary cannot be involved. Criminal law seeks material truth, and material truth cannot be assumed that the notary has only reiterated the wishes of the involved parties. The Notary may make two kinds of mistakes, intentionally or negligently. Therefore, it is necessary to distinguish between deliberate dishonesty and malpractice in notaries during their duties. A notary who intentionally submits false information to their deed the measures it called an act of deliberate dishonesty. ","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84953820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparison Of Arbitration Dispute Resolution In Business Between Indonesia And United States Of America 印尼与美国商业仲裁争议解决比较

Journal of Private and Commercial Law Pub Date : 2022-11-28 DOI: 10.15294/jpcl.v6i2.30289

A. Permatasari

引用次数: 0

Digital Literacy and Development of Santripreneur Asset Quality Through The Leadership Role of Kyai: A Case Study of Islamic Boarding Schools 通过Kyai的领导作用，数字素养与企业家资产质量的发展:以伊斯兰寄宿学校为例

Journal of Private and Commercial Law Pub Date : 2022-11-28 DOI: 10.15294/jpcl.v6i2.38837

M. S. Prabowo, Ratih Pratiwi, Bagus Pambudi, Melyn Eta Coriala, Mohamad Abdul Halim Aziz.

{"title":"Digital Literacy and Development of Santripreneur Asset Quality Through The Leadership Role of Kyai: A Case Study of Islamic Boarding Schools","authors":"M. S. Prabowo, Ratih Pratiwi, Bagus Pambudi, Melyn Eta Coriala, Mohamad Abdul Halim Aziz.","doi":"10.15294/jpcl.v6i2.38837","DOIUrl":"https://doi.org/10.15294/jpcl.v6i2.38837","url":null,"abstract":"Islamic boarding schools in the current global era need to increase their capacity as Islamic educational institutions that have advanced civilizations. With the emergence of global developments regarding economic conditions in ASEAN countries (within the scope of Southeast Asia), one of which is marked by the presence of the AEC (ASEAN Economic Community), the Indonesian people must improve their soft skills amid the global market competition to be competitive. Islamic boarding schools need to respond to global challenges so that Islamic values do not fade with the incessant development of industrial and economic globalization. This study aims to analyze the implementation of the Law on Information and Electronic Transactions in the use of electronic media in Islamic boarding schools and analyze Kyai’s strategy in empowering santri entrepreneurship and government support in the role of Islamic boarding schools as a catalyst for the community’s economy. This collaborative research for community service is located in Batang Regency. The results show that in facing the disruptive era, Islamic boarding schools in addition to implementing Islamic values in the use of digital media, it is necessary to socialize the Law on Information and Electronic Transactions to santri so that they can provide a borderline in the use of digital media following applicable regulations apply in Indonesia. Islamic boarding schools have the potential for economic empowerment, considering that many Islamic boarding schools have built cooperatives, developed various business units or small and medium-sized industries, and have a cubator business. The government develops entrepreneurship in Islamic boarding schools with the program “One Islamic Boarding School One Product”.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"66 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81562576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Omnibus Law And Conflicting Norms And Their Relevance To Business Ease In Indonesia 印度尼西亚综合法律和冲突规范及其与商业便利的关系

Journal of Private and Commercial Law Pub Date : 2022-11-28 DOI: 10.15294/jpcl.v6i2.39616

Zuhri Umar Ma’ruf, L. Wardhani

{"title":"Omnibus Law And Conflicting Norms And Their Relevance To Business Ease In Indonesia","authors":"Zuhri Umar Ma’ruf, L. Wardhani","doi":"10.15294/jpcl.v6i2.39616","DOIUrl":"https://doi.org/10.15294/jpcl.v6i2.39616","url":null,"abstract":"The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86761875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Function of Commissioner Based on the Principles of Good Corporate Governance 基于良好公司治理原则的董事职能

Journal of Private and Commercial Law Pub Date : 2022-06-01 DOI: 10.15294/jpcl.v6i1.36356

Suwinto Johan

{"title":"The Function of Commissioner Based on the Principles of Good Corporate Governance","authors":"Suwinto Johan","doi":"10.15294/jpcl.v6i1.36356","DOIUrl":"https://doi.org/10.15294/jpcl.v6i1.36356","url":null,"abstract":"The organs and functions of a limited liability company are controlled by Company Law No. 40 of 2007 Governing Limited Liability Companies (UU PT). The tasks of executing and supervising have been distinguished. The board of directors is in charge of the company's day-to-day operations, while the board of commissioners oversees the board of directors. In reality, however, the board of commissioners participates in the board of director activities or performs board of director tasks. This study aims to analyze the functions of commissioners and how they should be carried out in compliance with the laws and regulations governing corporate governance. Primary, secondary, and additional data are used in this study. The study found that the board of commissioners' role should be based on the Limited Liability Company Act. The board of commissioners serves as the board of directors' supervisor. Because shareholders also serve on the board of commissioners, the board of commissioners is involved in the operation of the board of directors. The Board of Commissioners' involvement in the Board of Directors' activities must be severely limited by the Board of Directors. If it turns out that the commissioners' activities are detrimental to the shareholders, the Board of Directors can bring this to a general meeting of shareholders and hold them accountable.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72534745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Dark Side of Cultural Heritage Protection 文化遗产保护的阴暗面

Journal of Private and Commercial Law Pub Date : 2022-06-01 DOI: 10.15294/jpcl.v6i1.34332

H. Alamsyah, Prasasti Dyah Nugraheni, Muhammad Shidqon Prabowo, Evanti Andriani

{"title":"The Dark Side of Cultural Heritage Protection","authors":"H. Alamsyah, Prasasti Dyah Nugraheni, Muhammad Shidqon Prabowo, Evanti Andriani","doi":"10.15294/jpcl.v6i1.34332","DOIUrl":"https://doi.org/10.15294/jpcl.v6i1.34332","url":null,"abstract":"ABSTRACTThis article introduces the concept of the dark side of cultural heritage protection. The existence of strict legal protection with burdensome sanctions is expected to provide a sense of security for a country to protect its cultural heritage from threats from other countries or communities. However, it is an unavoidable fact that the efforts of a country that wants to protect its culture lead to conflict and the threat of war between countries. This article shows how many and most of the excessive efforts of an organization to protect cultural heritage from the dangers of war and conflict contribute and have the potential to make cultural heritage vulnerable or even lead to its destruction. The more we talk about cultural heritage and the values it contains and the importance of protecting it, the more attractive it becomes for some groups, organizations, and even countries to target it because it has extraordinary cultural values. For some, efforts to protect and save cultural heritage have been considered as part of the war against terrorism. They destroy a cultural heritage on purpose to kill profitable tourism. This causes the owner community to lose their rights and even leads to revenge until a war occurs between communities, organizations, or countries. Art and culture have moved to the forefront of war, both as additional damage and direct targets for belligerents who use cultural destruction as a means to encourage more violence, hatred, and revenge. This article argues that states, international organizations, and cultural heritage communities need to recognize these negative side effects and make sure to consider them in future action. Keywords: Conflict; Cultural Heritage; The Dark Side; Legal Protection","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78222902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Urgency Of The Organization And Legitimacy Of The Digitalization Of The General Meetings Of Shareholders Of The Limited Liability Company During The Covid-19 Time In Review Of The Ius Constitutum 新冠肺炎时期有限责任公司股东大会数字化的组织紧迫性与合法性——以《公司法》为鉴

Journal of Private and Commercial Law Pub Date : 2022-06-01 DOI: 10.15294/jpcl.v6i1.36443

Bagus Rahmanda, Yuli Prasetyo Adhi, Herni Widarnati

{"title":"The Urgency Of The Organization And Legitimacy Of The Digitalization Of The General Meetings Of Shareholders Of The Limited Liability Company During The Covid-19 Time In Review Of The Ius Constitutum","authors":"Bagus Rahmanda, Yuli Prasetyo Adhi, Herni Widarnati","doi":"10.15294/jpcl.v6i1.36443","DOIUrl":"https://doi.org/10.15294/jpcl.v6i1.36443","url":null,"abstract":"Limited Liability Company is a legal entity of capital partnership that is engaged in business with authorized capital which is fully divided through shares. The purpose of a limited liability company is to run a business with capital divided into shares in which the shareholders have a stake in carrying out legal actions without being responsible for themselves regarding agreements in the company. One of the organs in a limited liability company that also has an important role is the General Meeting of Shareholders. Oftentimes, the General Meeting of Shareholders is crowned as the most vital organ of a limited liability company because it has the authority that other limited company organs do not have, such as the Board of Directors and the Board of Commissioners. The rapid development of Covid-19 has hampered the holding of the GMS which was previously carried out in person but has now become virtual via teleconference media due to the physical distancing policy. Article 77 Paragraph 1 of Law Number 40 of the Year 2007 and POJK Number 16/POJK.04/2020 is a breakthrough to accommodate the online General Meeting of Shareholders of Limited Liability Companies. Based on this description, this research is aimed at knowing and analyzing the new arrangements for the General Meeting of Shareholders in Limited Liability Companies, especially in its implementation after Covid-19 hit Indonesia. The research method used is normative juridical law research, namely by collecting secondary legal data consisting of secondary and primary legal materials. Data collection techniques are carried out by studying facts, documents, and books related to the problems studied. The implementation of the digitization of the GMS can generally be carried out either through teleconference media, video conferences, or other electronic media that allows all participants to interact and participate efficiently in meetings.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"114 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89071423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Comparison Of Arbitration Dispute Resolution Process Between Indonesian National Arbitration Board (BANI) And London Court Of International Arbitration (LCIA) 印度尼西亚国家仲裁委员会(BANI)与伦敦国际仲裁法院(LCIA)仲裁争议解决程序比较

Journal of Private and Commercial Law Pub Date : 2022-06-01 DOI: 10.15294/jpcl.v6i1.30265

Vania Shafira Yuniar, Florentiana Yuwono

{"title":"The Comparison Of Arbitration Dispute Resolution Process Between Indonesian National Arbitration Board (BANI) And London Court Of International Arbitration (LCIA)","authors":"Vania Shafira Yuniar, Florentiana Yuwono","doi":"10.15294/jpcl.v6i1.30265","DOIUrl":"https://doi.org/10.15294/jpcl.v6i1.30265","url":null,"abstract":"Arbitration is a way of resolving a civil dispute outside the general court based on an arbitration agreement made in writing by the disputing parties. Each country has a different settlement process. In Indonesia arbitration is based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The Indonesian National Arbitration Board (BANI) is an agency established by the Indonesian government for law enforcement in Indonesia in resolving disputes or differences of opinion that occur in various trade, industrial and financial sectors. Likewise in Indonesia, in England there is also an Arbitration Board called LCIA which is one of the oldest arbitration institutions in the world and has resolved 303 cases annually. This agency acts autonomously and independently in upholding law and justice. The purpose of this research is to determine the differences in the dispute resolution process through arbitration in Indonesia and the UK. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results prove that the process and procedures for dispute resolution at the LCIA institution are different from the BANI institution in the process and procedures. as well as the legal basis used in resolving the parties' business disputes.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86879969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Utilization Of Social Media As A Strategy For Business Actors In Dealing With The Covid-19 Pandemic 利用社交媒体作为商业行为者应对Covid-19大流行的策略

Journal of Private and Commercial Law Pub Date : 2021-10-28 DOI: 10.15294/jpcl.v5i2.31996

Pujiono Pujiono, Dewi Sulistianingsih, Rini Fidiyani

{"title":"Utilization Of Social Media As A Strategy For Business Actors In Dealing With The Covid-19 Pandemic","authors":"Pujiono Pujiono, Dewi Sulistianingsih, Rini Fidiyani","doi":"10.15294/jpcl.v5i2.31996","DOIUrl":"https://doi.org/10.15294/jpcl.v5i2.31996","url":null,"abstract":"Micro-enterprises, which run their businesses around campus, have been greatly affected by the COVID-19 pandemic. The decrease in income from micro business actors occurs because they are still using the traditional marketing model, namely marketing from one person to another. This condition requires changes from business actors, to change their business marketing model. Changes in business marketing models, it has become a must to take advantage of social media. Marketing activities using social media turned out to have a positive impact on increasing omzet sales for micro business actors around campus. Micro-enterprises can carry out their business continuity and maintain their business. Social media has become one of the means to change the behavior of business actors in facing the challenges of technological progress. Social media is also a solution to face government policies by implementing social distancing. The purpose of this article is to describe the problems faced by micro-enterprises around campus in Semarang City, Central Java Province, which are experiencing the impact of the COVID-19 pandemic and provide solutions for using social media in marketing their products.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88353789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0