Indonesia Private Law Review最新文献

{"title":"MEANING SOLE PROPRIETORSHIP BASED ON ACT CREATE WORK IN FRAMEWORK PERSPECTIVE LEGAL HERMENEUTICS","authors":"Muhammad Arham Yusuf","doi":"10.25041/iplr.v5i1.3414","DOIUrl":"https://doi.org/10.25041/iplr.v5i1.3414","url":null,"abstract":"The problem of the Tender Offer is sticking to the surface, among others, because there have been several cases involving the Takeover of a Public Company by another Party, thus causing losses to other Shareholders, especially the Public Shareholders. Regulations regarding take over and tender over are contained in Law Number 8 of 1995 concerning the Capital Market and Government Regulations number 27 of 1998. In 2011 the Government enacted Law Number 21 of 2011 concerning the Financial Services Authority which resulted in the transfer of power regarding the regulation regarding macroeconomics shifts from Bank Indonesia to OJK which includes the Take Over and Tender Offer processes. In 2020 PT. Garudafood Putra Putri Jaya, Tbk. Taking Over to PT. Mulia Boga Raya, Tbk. This study aims to determine the arrangement of Tender Offers in Indonesia and the impact of the Takeover on a Public Company that was taken over. The form of research in the writing of this journal is the jurisdiction of normative legal research using the statutory approach. The legal materials used are of two types, namely primary legal materials and secondary legal materials.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":" 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141001108","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":"JURIDICAL PROBLEMS TERMINATION OF EMPLOYMENT DUE TO FORCE MAJEURE (REFERRING DECISION NUMBER 30/PDT.SUS-PHI/2020/PN GRESIK)","authors":"Dwi Tatak Subagiyo, Hanung Widjangkoro","doi":"10.25041/iplr.v5i1.3156","DOIUrl":"https://doi.org/10.25041/iplr.v5i1.3156","url":null,"abstract":"Termination of Employment Relations (PHK) is an event that is very unexpected for workers/laborers, in which with layoffs, work that is a person's livelihood will be cut off resulting in the economic factors of the worker/laborer, with various problems that are almost certain to occur, various conflicts arising from the layoffs, the state as a protector for its citizens, must be balanced with various regulations as a form of state protection for citizens of their rights. Problems that arise in the employment sector, especially related to termination of employment due to Force Majeure, the Covid-19 pandemic can be categorized in the Force Majeure group because Covid-19 is an unplanned disaster and beyond the power of both parties so that the company cannot fulfill its achievements here. Judge courage in deciding true employment cases can act fairly referring to decision Number 30/Pdt.Sus-Phi/2020/Pn Gresik.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"46 s157","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141002552","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":"GIVING DOWRY IN LAMPUNG COASTAL TRADITIONAL MARRIAGES FROM AN ISLAMIC LEGAL PERSPECTIVE","authors":"Restika Susanti","doi":"10.25041/iplr.v5i1.3185","DOIUrl":"https://doi.org/10.25041/iplr.v5i1.3185","url":null,"abstract":"Marriage from the perspective of Islamic law in Indonesia is related to giving a dowry requiring an agreement between the prospective groom and the prospective bride. The practice of giving dowry at weddings in Padang Ratu Village is not a form of deviation from Islamic law, namely that the provisions for the amount of dowry are agreed upon by the prospective bride and groom, which occurs in Padang Ratu Village due to factors, especially demands for the size of the dowry from the family of the prospective bride. asking for a dowry which can be in the form of money, and items that must be according to their wishes, if the prospective groom's family agrees to the request then the prospective bride can be taken home by the prospective groom's family. The formulation of the problem in this research is how is the implementation of the traditional dowry for marriage in Lampung Pesisir, Padang Ratu Village, Wonosobo District, Tanggamus Regency and what is the perspective of Islamic law towards giving the traditional dowry for Lampung Pesisir, Padang Ratu Village, Wonosobo District, Tanggamus Regency. The type of research used is normative legal research with descriptive research type. The approach to this research problem is a historical approach and a legislative approach. The data source used is secondary data which is analyzed qualitatively. In marriage, as well as the mention of the dowry in the consent granted, only half of it is mentioned, meaning that the dowry is included in the dowry for Musamma. That the giving of dowry in the form of goods can be interpreted as not violating the rules of Islamic Law.\u0000 ","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":" September","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140383340","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":"ANTICIPATING FINANCIAL AND DATA PRIVACY RISK: ASSESSING LEGAL RIGHTS AND RESPONSIBILITIES IN ONLINE SOCIAL GATHERING IN INDONESIA","authors":"Yulia Kusuma Wardani, T. Tobing, Putri Ariyanti, Depri Liber Sonata, Dianne Eka Rusmawati","doi":"10.25041/iplr.v4i2.3027","DOIUrl":"https://doi.org/10.25041/iplr.v4i2.3027","url":null,"abstract":"The industrial revolution 4.0 has given rise to online social gatherings, which offer an alternative to traditional face-to-face interactions. The agreements and arrangements between organizers and members of social gatherings are conducted through online communication media, resulting in virtual agreements. While these gatherings have numerous benefits, including convenience and accessibility, they expose members to threats such as data privacy violations and financial risks. This study highlights the need to understand and navigate the risks associated with online social gatherings and emphasizes the importance of legal protections for their members. Furthermore, this paper aims to examine the mechanism of online social gatherings, assess their potential risks, and analyze the legal protections available to members in Indonesia. The study employs empirical juridical research methods with a descriptive research type, including collecting sources from reading materials, such as books and laws and regulations, and conducting interviews. The research finds that online social gathering agreements can be classified into innominate agreements, standard agreements, and reciprocal agreements. However, in practical terms, online social gatherings may pose serious threats to members due to privacy violations and fraud-related risks. Indonesia has enacted several provisions and litigation processes to mitigate these potential risks to protect members from such harm. Maintaining a balance between the benefits and risks of online social gatherings is essential to ensure their continued positive impact on society.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87537794","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":"BREACH OF PEACE AGREEMENT (HOMOLOGATION) BETWEEN PT LAUTAN WARNA SARI AND PT KERTAS LECES (PERSERO)","authors":"Maria Mahdalena Juniarti","doi":"10.25041/iplr.v4i2.3029","DOIUrl":"https://doi.org/10.25041/iplr.v4i2.3029","url":null,"abstract":"Peace efforts filed by the business entity PT Kertas Leces (Persero) (hereinafter referred to as the Respondent) in the Debt Payment Obligation Postponement (PKPU) process in collaboration with PT Lautan Warna Sari (hereinafter referred to as the Applicant), which was ratified into a Peace Agreement (homologation) decided by the Commercial Court in Decision No. 05/PKPU/2014/PN.Niaga.Sby. The Peace Agreement (homologation) contains an agreement that must be fulfilled by the respondent to the applicant. However, in its implementation, the respondent was negligent and could not fulfill these provisions so that the applicant filed for cancellation of the peace agreement. The request was granted by the court through Decision Number 1/Pdt.Sus.Cancellation of Peace/2018/PN Niaga.Sby so as to declare the respondent bankrupt with all legal consequences. The research will discuss 2 (two) problems, namely (1) The legal consequences of breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) and (2) Efforts to resolve breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero). The research uses a normative juridical approach, which is a study of the law that conceptualizes the law as norms, rules, regulations and applicable legislation. The research shows that the legal consequences of breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) is the cancellation of the peace agreement because PT Kertas Leces as a debtor neglects to fulfill the agreement in the agreement so that the debtor is declared bankrupt. The debtor also bears compensation and risk transfer through the disposal of the debtor's bankruptcy assets by the curator. In addition, the debtor also pays court costs. Efforts to resolve breachs on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) are through the administration of bankruptcy assets by concurrent with procedures, first, the debtor will pay preferred creditors, namely the normative rights of former employees. Second, the debtor will pay a percentage of the debtor's assets to the state treasury as non-tax revenue from bankruptcy. Third, the debtor will pay other creditors in accordance with their receivables.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84614495","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":"SOME ASPECTS OF THE REGULATION OF ARTIFICIAL INTELLIGENCE","authors":"László Kerekes","doi":"10.25041/iplr.v4i2.2987","DOIUrl":"https://doi.org/10.25041/iplr.v4i2.2987","url":null,"abstract":"Today, artificial intelligence is playing an increasingly important role. Isaac Asimov laid down the robotic laws of his literary universe in the science fiction classic I, Robot. In my study, I will examine how these 'laws' are reflected in the legislation of various nations-international organisations, and the justification for their regulation in legal literature-dogmatics In my study, I will present some issues related to the regulation of artificial intelligence. I will also discuss the demarcation of robotic-robotic, some concepts and some governmental regulations. In all this, I will mainly use the descriptive and comparative method. The first chapter of my thesis deals with the ontological characteristics of artificial intelligence. In the second chapter, I present the regulation of some states in the field of artificial intelligence. The third chapter examines the possible perpetrator. It is not possible to stop the development of technology for an extended period. Newer technologies contribute to a more efficient organisation of production and distribution, provide a basis for innovation in business and the amenity/recreational aspect is not negligible. It is precisely for these reasons that I see the need for legal regulation of the newer pervasive technologies. It can be seen, therefore, that the international legal system needs to be ready for the challenges of the 21st century. The research found that current EU legislation aims to guide future legislation and has incorporated a very significant part of Asimov's principles into its regulatory scope.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83492479","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 PROTECTION FOR PROFESSIONAL NURSES WORKING IN HOSPITAL HEMODIALYSIS ROOMS","authors":"Yus Baimbang Bilabora","doi":"10.25041/iplr.v4i2.2986","DOIUrl":"https://doi.org/10.25041/iplr.v4i2.2986","url":null,"abstract":"Providing services in the hemodialysis room, doctors, nurses, and even hospitals must also be prepared to be responsible for all related activities. If nurses are required to take actions beyond their authority (collaborative actions), they must get protection for the risks they face. This study examines (1) the procedure for delegating authority from doctors to nurses in providing services in the hemodialysis room, (2) the responsibilities of nurses working in the hospital hemodialysis room, and (3) policies related to legal protection for the professional nurse working in the hospital hemodialysis room. The problem approach used in this research is a normative juridical approach. The normative juridical approach used in this thesis research is the statutory approach. In addition, the research uses secondary data consisting of primary, secondary, and tertiary legal materials. Based on the research results, the procedure for delegating authority from doctors to nurses to provide services in the first hemodialysis room has several stages. First, the implementing doctor must ensure that the authority given is written, the recipient of the authority has the required competence, the willingness of the recipient of authority, and the implementation of hemodialysis under the supervision of the implementing doctor. If the conditions have been met, the delegation of authority can be implemented. Based on the vocational skills and profession of the hemodialysis nurse, delegation of authority can occur on a mandate basis, with active supervision from the implementing doctor. If it is to the requirements for the delegation of authority, then hemodialysis is carried out by skilled nurses under the supervision of the implementing doctor. The responsibilities of a nurse working in a hospital hemodialysis room are regulated based on professional and legal provisions in Indonesia, namely criminal, civil, and administrative. There are several perspectives. Legal protection for nurses in the hemodialysis room is related to competence based on the Regulation of the Minister of Health (Permenkes) of the Republic of Indonesia concerning the Implementation of Dialysis Services in Health Facilities. However, the Standard Operating Procedures for the hemodialysis room are returned to each hospital’s policies.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74523063","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":"COMPARISON STUDY BETWEEN SIMPLE LAWSUITS IN SMALL CLAIM COURT AND USUAL CLAIMS","authors":"R. Pratama","doi":"10.25041/iplr.v4i2.2981","DOIUrl":"https://doi.org/10.25041/iplr.v4i2.2981","url":null,"abstract":"Settlement of disputes through the courts is not the right choice if the loss is small because what is demanded is not worth what is incurred. Then the Supreme Court issued Perma Number 2 of 2015, amended by Perma 4 of 2019, concerning simple lawsuits. The birth of the Perma has the consequence of a settlement through an ordinary civil lawsuit and a simple lawsuit. Based on this, the authors examine the differences and similarities in settling ordinary civil lawsuits with simple lawsuits and the constraints of both. This research uses a normative-empirical legal method with a descriptive research type with a statutory approach. The data used are primary and secondary data, consisting of primary legal materials, secondary, and tertiary, then data analysis was carried out qualitatively and comparatively. The study results show that: First, the equation of a simple lawsuit and an ordinary lawsuit is to accommodate the classification of lawsuits against the law and default, applying the actor sequitur forum rei principle, there are verses legal remedies, and others. While the difference between a simple lawsuit and an ordinary lawsuit is that in a simple lawsuit, there are various restrictions, such as the value of a material claim is a maximum of IDR 500,000,000.00 and is not resolved through a special court or dispute over land rights, only one party each, the Principal must be present in person at every trial, in ordinary civil lawsuits there are no such restrictions, and so on. Second, there are obstacles to resolving ordinary civil lawsuits, such as a long time, no restrictions on cases that can be appealed, and various obstacles hamper the implementation of decisions. While the obstacles to resolving a simple lawsuit are that the Principal must attend in person at every trial, filing an objection by the Plaintiff nullifies the Defendant's right to file verzet and implement a decision that has not been specifically regulated.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"37 10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72953776","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":"THE ROLE OF THE POM AGENCY IN CONTROLLING ANTIMICROBIAL RESISTANCE AS IMPLEMENTATION OF HEALTH LAW NUMBER 36 OF 2009","authors":"Y. Rahmawati","doi":"10.25041/iplr.v4i2.2979","DOIUrl":"https://doi.org/10.25041/iplr.v4i2.2979","url":null,"abstract":"The incidence of antimicrobial resistance (AMR) worldwide is getting worse. The issue of antimicrobial resistance, or AMR, is a new health threat and constitutes 1 in 10 world health threats. AMR is a serious problem in the world of health that must be addressed. Therefore, further studies will be carried out on AMR control by the government according to Health Law Number 36 of 2009 and examine the role of the POM in controlling AMR. This paper uses a normative research method, namely finding material from the literature or applicable regulations and conducting a qualitative analysis. The results of this study, the government has tried to fulfill the mandate of the Health Law by creating integrated AMR control across sectors through Permenko No 7/2021 concerning the National Action Plan for Antimicrobial Control. In addition, the Food and Drug Supervisory Agency laid out the AMR control policy through the Decree of the Head of BPOM No. HK.02.02.1.2.03.20.98 of 2020","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85949387","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":"Ahli Waris Pengganti Di Tinjau Dari Kuhperdata Dan Kompilasi Hukum Islam","authors":"Sekar Dita Utari, Diangsa Wagian, Fatria Hikmatiar Al Qindy","doi":"10.29303/prlw.v3i2.2605","DOIUrl":"https://doi.org/10.29303/prlw.v3i2.2605","url":null,"abstract":"Penelitian ini bertujuan untuk mengkaji kedudukan dan sistem pembagian ahli waris pengganti ditinjau dari KUHPerdata dan KHI. Penelitian ini mengunakan penelitian Normatif. Hasil penelitian ini menunjukkan bahwa  kedudukan ahli waris pengganti ditinjau dari KUHPerdata terjadi jika seorang ahli waris terlebih dahulu meninggal dunia dari pewaris, sehingga anak dari ahli waris yang meninggal menggantikan kedudukan  ayahnya untuk memperoleh harta warisan kakeknya, dan mendapatkan bagian warisan yang sesuai dengan derajat dan porsi bagian yang seharusnya diterima. sedangkan kedudukan ahli waris pengganti menurut KHI yaitu, cucu berhak menggantikan kedudukan orang tuanya  yang meninggal lebih dahulu dari pewaris. Namun bagian cucu tersebut tidak  sebesar bagian orang tuanya.","PeriodicalId":52582,"journal":{"name":"Indonesia Private Law Review","volume":"189 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75792464","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}