Journal of Private and Commercial Law最新文献

{"title":"Law Enforcement In The Field Of Music In The Spotify Application Program","authors":"Bagus Rahmanda, Yuli Prasetyo Adhi, Kornelius Benuf","doi":"10.15294/jpcl.v5i2.31702","DOIUrl":"https://doi.org/10.15294/jpcl.v5i2.31702","url":null,"abstract":"Music and songs are one of the areas of Intellectual Property Rights which are protected in Article 58 letter (d) of UU Number 28 of 2014 about Copyright, namely Copyright Protection for Song or music creations with or without text. In this digital era, there are many ways for us to get the music we want through various platforms on the internet such as Youtube, Joox, Spotify, and others. Because the means to get music are getting easier now, there are more and more copyright violations against music, ranging from piracy to plagiarism. This study aims to discuss how the Copyright law regulates copyright protection in the field of music on the internet and also how the Spotify music service platform protects copyright. The research method used is a normative research method; the data analyzed is secondary legal data consisting of primary legal materials, namely Copyright Law and Secondary Law materials, namely literature related to research problems. Based on the results of the study, it is known that Spotify as one of the world's famous song streaming applications has the exclusive right as a copyright licensee to exercise exclusive rights as regulated in Article 9 of the Copyright Law. Spotify as a streaming service provider must of course have a license for the music or songs provided in the application through a license agreement with the licensor.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77877409","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}

{"title":"Implementation Of Legal Protection On Royalty Management Of Government Regulation Number 56 Of 2021","authors":"Febri Noor Hediati","doi":"10.15294/jpcl.v5i2.31796","DOIUrl":"https://doi.org/10.15294/jpcl.v5i2.31796","url":null,"abstract":"Abstracts This article examines Government Regulation Number 56 of 2021 concerning the management of royalties on song/music copyrights. This writing uses a normative juridical approach. This normative juridical approach is employed based on the statutes of black letter law and the conceptual method. The result of the study found that royalty management is carried out by LMKN depend on integrated data in the data/song center. Every public at large can enjoy songs/music commercially to public services by applying for a license agreement to the copyright holder or related rights through LMKN intermediaries.The Directorate General of Intellectual Property Rights is obliged to disseminate this regulation and build a data center to control the database of the song/music and ownership of copyright. Therefore, it requires cooperation between the Directorate General of Intellectual Property Rights, LMKN, creators/owners of related rights, and the general public who enjoy commercial songs/music. After the socialization, a strict penalty will be imposed on those who violate or deny paying the stipulated royalty in Government Regulation Number 56 of 2021. Keywords: Copyright;Legal Protection; Royalty Management; Music/Song","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84151459","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}

{"title":"Comparative Study Of Alternative Settlements In Indonesia And Timor Leste","authors":"Salsabila Fakhriyyah Ar Raidah","doi":"10.15294/jpcl.v5i2.30339","DOIUrl":"https://doi.org/10.15294/jpcl.v5i2.30339","url":null,"abstract":"Alternative Dispute Resolution (ADR) is a procedure in community practice which then gets recognition in the eyes of the law to settle a case between two or more parties by way out of court in a formal manner (litigation). ADR is considered to have more advantages, including easy, cheap, and fast, so it is more efficient and effective than solving cases in court. This paper aims to examine the existence of ADR in legal practice in Indonesia with a comparative review of the state of Timor Leste. The results of this paper reveal that compared to Timor Leste which is still new, Indonesia has first implemented ADR practices within a formal legal framework. Timor Leste actually also uses the ADR scheme in its daily community practice, but its implementation takes into account the elements of custom and society rather than the legal norms.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"105 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77445845","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}

{"title":"Legal Uncertainty Regarding Abuse of Authority That is Harming State Finance in Indonesia","authors":"Judith Sukmaningtyas, Nabitatus Sa’adah","doi":"10.15294/jpcl.v5i2.32777","DOIUrl":"https://doi.org/10.15294/jpcl.v5i2.32777","url":null,"abstract":"This study aims to discuss issues regarding the legal certainty of criminal acts of abuse of authority and problems regarding the return of state financial losses in handling corruption cases in Indonesia. To examine these problems, a normative juridical research method was used using secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that the handling of cases of Corruption Crimes cannot be separated from the influences of the bureaucracy and political factors, both from the legal provisions that govern it and from unscrupulous government officials with strategic positions in the Government who are perpetrators of abuse of authority that is detrimental to finances. country. However, there is a discrepancy in the regulation regarding abuse of authority in the Law on government administration and the Law on criminal acts of corruption in Indonesia, especially in terms of recovering state financial losses.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"30 6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86655644","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}

{"title":"Consumer Protection Law: The Case Study Of Grabtoko Company In Indonesian E-Commerce Transactions","authors":"Felix Pratama Tjipto, Jason Pratama Ong, Marshal Ramadhan Sulistio, Tri Harnowo","doi":"10.15294/jpcl.v5i2.32161","DOIUrl":"https://doi.org/10.15294/jpcl.v5i2.32161","url":null,"abstract":"ABSTRACTTechnology innovation is steadily increasing its capacity in helping human activities, one of which is through digital transactions. The increased use of technology, however, could potentially create legal loopholes which may violate consumer’s rights in online transactions like the recently happened GrabToko case. This journal shall discuss and provide normative approach analysis in Indonesian customer protection law, with the reference of previous articles, seeing the increasing usage of digital transactions. This journal aims to provide an explanationregarding the advantages and the disadvantages of existing regulations and what needs to be improved related to frauds in the case of GrabToko. Furthermore, it will also be discussed about the legal responsibility of the consumer dispute settlement organizations. The results of this paper shows that there are still needs of improvements since the system has its own advantages and disadvantages, especially regarding fraud and administration systems that need to be updated in corresponding law and the development in the aspect consumer protection law.Keywords: consumer protection law; consumer; rights; transaction; regulation; consumer dispute settlementINTISARIInovasi teknologi terus meningkatkan kemampuannya dalam membantu aktivitas manusia, salah satunya melalui transaksi digital. Namun, peningkatan penggunaan teknologi berpotensi menciptakan celah hukum yang berpotensi melanggar hak konsumen dalam bertransaksi online seperti kasus GrabToko yang baru-baru ini terjadi. Jurnal ini akan membahas dan memberikan analisis pendekatan normatif dalam hukum perlindungan nasabah Indonesia, dengan mengacu pada artikel sebelumnya, melihat penggunaan transaksi digital yang semakin meningkat. Jurnal ini bertujuan untuk memberikan penjelasan mengenai kelebihan dan kekurangan regulasi yang ada serta apa saja yang perlu ditingkatkan terkait fraud pada kasus GrabToko. Selanjutnya juga akan dibahas tentang tanggung jawab hukum dari organisasi penyelesaian sengketa konsumen. Hasil dari makalah ini menunjukkan bahwa masih terdapat kebutuhan perbaikan karena sistem tersebut memiliki kelebihan dan kekurangan, terutama terkait dengan sistem penipuan dan administrasi yang perlu diperbarui sesuai peraturan perundang-undangan dan perkembangan dalam aspek hukum perlindungan konsumen.Kata Kunci: hukum perlindungan konsumen; konsumen; hak; transaksi; regulasi; penyelesaian sengketa konsumen.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82474093","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}

{"title":"Urgency of Licensing Restriction in Joint Venture Companies Related to TKDN","authors":"Toebagus Galang Windi Pratama","doi":"10.15294/jpcl.v3i1.18179","DOIUrl":"https://doi.org/10.15294/jpcl.v3i1.18179","url":null,"abstract":"Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. Therefore, according to the principle of freedom of contact in relation to the free market, in fully contracting is an affair of the parties, however legal protection and public interest are therefore required from government interference in the form of regulation or restrictions. The restrictions in regulating technology transfer from developed countries to developing countries aim to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly \"real\" and does not reduce the incoming FDI.Based on this, the authors formulated a number of issues namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses . The results of the discussion show that the transfer of technology is needed for developing countries needed to advance their products in the era of globalization so that arrangements for it are needed so that in case of cooperation there is no inequality. And, the role of law in the policy of technology transfer to transform agrarian societies into industrialist societies. Here there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technology transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78181934","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}

{"title":"Problems in the Status of Object Ownership of Ijarah Muntahiyah Bittamlik Financing Contract in Sharia Banking Law","authors":"N. Hikmah","doi":"10.15294/JPCL.V3I1.18766","DOIUrl":"https://doi.org/10.15294/JPCL.V3I1.18766","url":null,"abstract":"The crisis of faith and economic crisis accompanied by an increase in economic needs encourages one to find the right way, as well as the efforts made by producers and industry in marketing products without seeing the halal and haram provisions of a product. These reasons cause a variety of mu'amalah through financing agreements began to emerge, such as lease agreements known to the public with the term leasing introduced by Islamic financial institutions under the name Ijarah Muntahiyah Bittamlik, so this study aims determine the ownership status of the object of the Ijarah Muntahiyah Bittamlik financing contract. The author believes that the ownership status of the contract object on the financing of Ijarah Muntahiyah Bittamlik raises legal issues because of the unification of the contract between the lease and the sale and purchase which depends on the repayment of all the value of the goods.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91365430","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}

{"title":"Community Empowerment through Optimization of Geographic Indication (A Study on Local Products in Tambakroto Village, Sayung District, Demak Regency )","authors":"M. S. Prabowo","doi":"10.15294/jpcl.v3i1.17748","DOIUrl":"https://doi.org/10.15294/jpcl.v3i1.17748","url":null,"abstract":"Geographical Indication is a sign used on goods that have a specific geographical origin and has the quality or reputation is based on place of origin. In general, Geographical Indications is the name of the place of origin of such goods. Agricultural products typically have qualities that are formed from the place of production and are influenced by local factors are specific, such as climate and soil. Sub Tambakroto Sayung is one of the District in the city of Demak, which has the potential to geographical indications. The potential of geographical indications which are owned by the city of Demak District Tanbakroto Sayung have the geographic conditions, natural resources, agricultural products, crops and cultural traditions. The problem in this research are: 1). Potential geographical indication of what is owned by the District of Demak TambakrotoSayung? 2). What policies adopted to improve the welfare of society through excellence geographical indications in the District of Demak Tambakroto Sayung? This study aims to: 1). Register geographical indications advantages possessed by Tambakroto Sayung District of Demak, 2). Knowing the supporting and inhibiting factors in empowering excellence Tambakroto Sayung geographical indications in the District of Demak, 3). Produce a model of community empowerment based on the superiority of geographical indications in the DistrictTambakroto Demak.This research was carried out by empirical methods juridical approach. The specifications used in this research is descriptive analysis. The location of this research is in DistrictTambakroto sayung Demak. The research data collected by way of interviews, documentation and direct observations in the field.The results of this study is the potential for geographical indications which are owned by the District Sayung the fruit tempe and lontong  fruit. Sub Tambakroto Sayung has advantages over other regions in wilyah city of Demak. Excellence is the product of geographical indication in the form of fruit tempe and lontong fruit known by the name of the tempe and lontong tambakroto. Potential is the potential for geographical indications that have long existed in the district since Tambakroto But this time the potential was nearly extinct where the biggest factor is masyarat nor the relevant local government is not keeping well and not doing it continuously for the potential development of geographical indication. Development and empowerment are preferred to be done in maintaining the geographical indication products Tambakroto District. After that application was made for the protection of geographical indication products. Steps are still far to be done but it is not impossible to do. District policy has not led to concrete Tambakrotoin pengupayaaan, empowerment and development of products of geographical indication Tambakroto District. Initial thing to do is perform on the public understanding of the meaning of Sub Tambakroto importance of geographical indication o","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73444373","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}

{"title":"Actio Pauliana as the Rights Protection Efforts for Creditors in the Bankruptcy Case","authors":"P. Pangestu","doi":"10.15294/JPCL.V3I1.18673","DOIUrl":"https://doi.org/10.15294/JPCL.V3I1.18673","url":null,"abstract":"The implementation of a debt agreement is often found in bad faith by the debtor where the debtor is unable to pay off his debts. When the debtor is deemed unable to pay off all of his debt, the debtor can voluntarily submit palitit to the Commercial Court. Submission of bankruptcy can also be applied by creditors, of course, bankruptcy permits by debtors or creditors must fulfill the conditions mandated in the bankruptcy law. When debtors are declared bankrupt, all assets owned by the debtor are collateral for their debts.However, in its implementation, it is often found that ill will is carried out by the debtor, namely when the debtor feels that he is no longer able to repay his debts, the debtor transfers his assets to the third party for his own benefit. To protect the interests of each creditor then curator can make an action with actio pauliana, , Actio Pauliana is cancellation of all of the legal action of the assets taken by debtors. The research objective of this article is to know and understand the bankruptcy determination process based on the Bankruptcy Act and how actio pauliana attempts to protect the rights of each creditor. ","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75170255","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}

{"title":"Venture Capital Regulation Reform: Revitalization of Venture Capital as an Alternatives Financing Mentorship and Partnership Based","authors":"Lastuti Abubakar, Tri Handayani","doi":"10.15294/JPCL.V3I1.18531","DOIUrl":"https://doi.org/10.15294/JPCL.V3I1.18531","url":null,"abstract":"The growth of Venture Capital Company (PMV) in Indonesia is progressive although not significant. The Characteristics of Venture Capital, which is temporary in equity participation, caused venture capital financing is being highly risky financing. To anticipate this risk, PMVseeks the Investee Company (PPU) as a partner who is obliged to return capital. This is to secure this investment by using the concept of financing by venture capital. In addition, a guarantee agreement can be executed if Investee Company did not carry out obligations. This research aims to examine and analyze the essence of venture capital as an alternative financing mentorship and partnership based. In addition, it examines the position of collateral in financing venture capital. This study uses a normative juridical approach with descriptive analytical research specifications and qualitative juridical analysis.  The initial concept financing of venture capital as equity participation that using mentorship and partnership turns into loan based financing with collateral. The regulations reform of venture capital through OJK Regulation is aim to expand the objectives of Venture Capital as an effort to anticipate the development of technology based and start up business. In addition, regulation reform of on Venture Capital aims to strengthen venture Capital through the authority of PMV/PMVSto manage Venture Fund. Legal reform of Venture Capital must be interpreted and implemented in line with the purposes of venture Capital as an alternative financing that prioritizes mentorship and partnership between PMV/PMVSand PPU. Beside the supervision by the OJK, the Venture Capital Agreement is an instrument to empower Venture Capital for MSMEs financing optimally. Keywords: revitalization of venture capital; law reform of venture capital; financing mentorship based","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"89 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80218635","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}