scholarly journals PERAN PENGADILAN NEGERI INDONESIA DALAM PENYELESAIAN SENGKETA TRANSAKSI ELEKTRONIK INTERNASIONAL

2018 ◽  
Vol 26 (1) ◽  
pp. 40
Author(s):  
Isdiyana Kusuma Ayu

Electronic transactions or E-commerce are buying and selling transactions carried out through the internet. As a result of over the internet, the nature of e-commerce can be done without knowing the borders. When a default or fraud occurs in e-commerce conducted by one of the parties who are abroad, it must pay attention to the principle of International Private Law related to the Court forum, Arbitration, or other dispute resolution institutions. That means that it is necessary to pay attention to the basic arrangements for dispute resolution of international business transactions that have been regulated in Indonesia and the authority of the Indonesian District Court in resolving international electronic transaction disputes. In the juridical perspective as the basis for solving electronic transaction cases to be legal strengthening takes a sense of justice so that it can be seen that the basis of international e-commerce arrangements in accordance with Article 18 Paragraph (4) of the ITE Law. District Courts has a role to be the main and complementary institution in dispute resolution international electronic transactions.

2018 ◽  
Vol 12 (1) ◽  
pp. 1987-2001
Author(s):  
Derita Prapti Rahayu

In the current era of globalization and internationalization where economic, social and cultural developments have caused international relations to be infinite which can lead to civil disputes which give rise to the meeting of legal systems of countries in the world that have their own characteristics related to International Private Law. Hopefully there will not be many problems that arise if disputes over different citizenship civilizations are resolved through Alternative dispute resolution. Although when the Al forum decision on alternative dispute resolution was not carried out voluntarily by the parties affected by the execution, the execution of such decisions became the competence of the district court. Especially if the arbitration forum ruling was dropped outside Indonesia, then when the decision is to obtain recognition and execution within the jurisdiction of the Republic of Indonesia, the decision must first obtain an exequature from the Chair of the Central Jakarta District. Court. But the situation will be different if the dispute is not resolved through Alternative dispute resolution but is left to the court authorities to resolve it, it will be different.


2020 ◽  
Vol 8 (1) ◽  
pp. 8
Author(s):  
Aditya Yudhatama Idham ◽  
Yudho Taruno Muryanto

<p>Abstract<br />This article examines the legal problems of resolving online sale and purchase disputes through social media, this is regulated in Law number 11 of 2008 concerning Electronic Information and Transactions in article 28 paragraph (1). This study included normative legal research with a legal approach and a case approach. The results of the study show that the seller has committed a misleading action that has resulted in consumer losses in electronic transactions, in accordance with Law number 11 of 2008  concerning Information and Electronic Transactions. Dispute resolution if the seller conducts a default is  attempted to take a non-litigation route by deliberation or it can be through mediation or litigation lines or commonly referred to through a district court.<br />Keywords: Buy and Sell; Credit Promise; Social Media</p><p>Abstrak<br />Artikel ini mengkaji mengenai problematika hukum penyelesaian sengketa jual beli online melalui media sosial, hal ini diatur dalam Undang-Undang nomor 11 tahun 2008 Tentang Informasi Dan Transaksi Elektronik dalam pasal 28 ayat (1). Penelitian ini termasuk penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian menunjukan bahwa penjual telah melakukan tindakan menyesatkan yang mengakibatkan kerugian konsumen dalam transaksi elektronik, telah sesuai dengan Undang-Undang nomor 11 tahun 2008 tentang Informasi dan Transaksi Elektronik. Penyelesaian sengketa apabila penjual melakukan wanprestasi diupayakan menempuh jalur non litigasi dengan musyawarah atau bisa dengan mediasi maupun dengan jalur litigasi atau biasa disebut melalui pengadilan negeri. <br />Kata kunci: Jual Beli; Ingkar Janji; Media Sosial</p>


2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Wiwin Dwi Ratna ◽  
Zulvia Makka

ABSTRACTThe current international business transaction activity is not difficult, with the advancement of technology, the world provides ample opportunities and opportunities for the international community to make connections between them.. International business transactions are private law studies, where in private law the law provides wider opportunities for each party to make, agree and execute the clauses they make. However, it can not be said that in order to carry out such business activities, the parties must carefully understand and understand the legal norms in the countries of the opposing parties. This will greatly affect the implementation of the agreement. For that reason it is necessary for researchers to clarify the study of legal protection of international business transactions in the era of free trade.The following issues are Legal Principles of International business transactions in the era of free trade and Legal Certainty on International Business transactions. The method used is normative legal research.This research produces the Principles of law of international business transactions can be found in the rules of international treaty law which regulates the provisions of international business transactions. The provisions of the international convention on the Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principle of International Contracts of 1994 and Legal certainty in international business contracts can be seen from the legal source of international business contracts. Not surprisingly, when different business actors of citizenship conduct international business transactions, they will consent to law enforcement of one of the business actors. Keywords: Legal Protection, International Business Transactions, Free Trade


Author(s):  
Oleksandr Radchuk ◽  
◽  
Anna Plotnikova ◽  
Kateryna Dubyna ◽  
◽  
...  

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.


2018 ◽  
Vol 10 (2) ◽  
pp. 333 ◽  
Author(s):  
José Carlos Fernández Rozas

Resumen: Las controversias de carácter jurisdiccional son muy comunes en litigios derivados de la contratación marítima internacional y, en este contexto, la elección del foro es una cuestión capital. Tanto las cláusulas atributivas de jurisdicción y como las cláusulas de arbitraje son dos mecanismos diferentes que ayudan a garantizar la imparcialidad y la previsibilidad en la resolución de las controver­sias internacionales. A pesar de sus beneficios, en el contexto de los documentos de transporte marítimo internacional estas cláusulas pueden ser inconvenientes para las partes que se ven obligadas a litigar ante foros lejanos. La mayoría de los conocimientos de embarque contienen atributivas de jurisdicción que establecen que las partes deben acudir a determinado tribunal para resolver cualquier controversia que surja en relación con el contrato de transporte internacional. Sin embargo, cuando se emite un co-nocimiento de embarque bajo una cláusula de fletamento que incorpore expresamente la cláusula de arbitraje, las partes en el contrato de transporte incluidas en el conocimiento de embarque, pueden verse obligados a acudir al arbitraje. El art. 468 Ley de Navegación Marítima regula la validez formal de aquellas cláusulas de jurisdicción y arbitraje que prevean la sumisión de las partes a una jurisdicción extranjera o a un arbitraje en el extranjero e impone la negociación individual y separada de ambas cláusulas como requisito de validez.Palabras clave: Derecho internacional privado, cláusulas atributivas de jurisdicción, cláusulas de arbitraje, arbitraje marítimo, Ley de Navegación marítima de 2014.Abstract: Disputes about jurisdiction are very common in litigation arising from international maritime contracting. In this context the choice of forum is an important matter. Jurisdiction and ar­bitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, in the context of international maritime transport documents these clauses can be inconvenient for parties that are forced to litigate many times before distant fora. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charter party, however, and where it expressly incor­porates the charter party’s arbitration clause into its terms, the parties to the contract of carriage con­tained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Article 468 of the new Maritime Navigation Act regulates the formal validity of choice of court agreements and arbitration agreements establishing the submission to a foreign court or to an arbitration located abroad.Keywords: International Private Law, jurisdiction and arbitration clauses, maritime arbitration, Spa­nish Maritime Navigation Act 2014


2021 ◽  
Vol 2 (1) ◽  
pp. 182-187
Author(s):  
Putri Anggun Puspasari ◽  
Ni Luh Made Mahendrawati ◽  
Desak Gede Dwi Arini

Mediation is an alternative form of dispute resolution. Mediation has grown and developed, running fast, the desire of humans or the community to resolve disputes quickly, and satisfying both parties to the dispute, According to PERMA No. 1 of 2016 concerning Procedure for Mediation in the Court determining that Mediation is a way to settle disputes peacefully, quickly, right, and effective, can open wider access to the parties to the dispute to obtain a settlement of the case, and get a sense of justice. Accounts payable is an agreement that creates rights and obligations between creditors and debtors who are reciprocal. Accounts payable is regulated in Chapter Thirteenth of the Third Book of the Civil Code, in Article 1754 of the Civil Code. The problem is how is the application of mediation in resolving disputes over debt defaults in the Gianyar District Court? And what are the factors that influence the success of mediation in the Gianyar District Court? The research used is empirical legal research, which is looking at society in the real sense. And the problem approach used is the approach of cases in the Gianyar District Court. The conclusion obtained from this study is that the application of mediation in the Gianyar District Court is in accordance with Supreme Court Regulation No. 1 of 2016, and the factors that hinder the mediation process in the Gianyar District Court, namely both litigants do not come in the mediation process so the mediation process failed.


2018 ◽  
Vol 2 (1) ◽  
pp. 17-32
Author(s):  
Muhammad Ikhsan Lubis

Development of business transactions especially buying and selling has globally impact to daily activities, and in modern era it disrupted by technology. Distance and time was no longer an obstacle in terms of getting the desired goods or services. The buying and selling transaction is then called online buying and selling transaction, a term commonly used by business actors in Indonesia and even the world. Civilizations and actions of a person change drastically in fulfilling his desire to get something what he wants. The online buying and selling transaction is even considered the 5th Industrial Revolution for the order of trade and industrial civilization in the world today. This paper will see and examine online buying and selling transactions from the perspective of the International Private Law, because it is not impossible this online buying and selling transactions cross the border of the country. It is hoped that this paper will give different insight and perspective for readers about online transaction.


LITIGASI ◽  
2020 ◽  
pp. 1-18
Author(s):  
Junior Willem John Latumeten

When the parties have agreed to choose arbitration as the dispute resolution agency, the district court must refuse to examine and adjudicate on the dispute, if one party brings the dispute resolution to the district court. However, in practice there are those who still choose to use the path of the judiciary. Among them is the case of Decision Number 410 / Pdt.G / 2011 / PN.Jak.Pst. and 534 / Pdt.G / 2011 / PN.Jkt.Sel although with different decision results. Based on the reality of this practice, this paper intends to examine whether the decision number 410 / Pdt.G / 2011 / PN.Jak.Pst can be deemed as International Civil Law and whether the action as the object of disputes in the Case Number 410 / Pdt.G / 2011 / PN.Jak.Pst is an unlawful action. Cases that are settled in a district court regardless the clause that states that in the case of dispute, it will be settled arbitrarily by the parties, then the decision produced by the District Court is not an international civil law. Actions which are subject to dispute in the Case Number 410 / Pdt.G/2011/PN.Jak.Pst are not unlawful acts. The absolute competence of arbitration is that a case arising from the agreement itself is not an act that is regulated outside the agreement even though there is a clause stating that if there is a dispute it will be settled arbitrarily. When the parties no longer have a good intention to settle the dispute through arbitration, then this becomes the authority of the district court. Keywords: International Business Dispute Arbitration Clause.


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