Journal of Private and Commercial Law
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Published By Universitas Negeri Semarang

2599-0306, 2599-0314

2019 ◽  
Vol 3 (1) ◽  
pp. 30-37
Author(s):  
M Shidqon Prabowo

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 of products that have been owned by the community such Tambakroto District. Geographical indication of products that have been developed and empowered as optimal as possible will support the welfare of the people own Tambakroto District. Keywords: Community Empowerment, Geographical Indications.


2019 ◽  
Vol 3 (1) ◽  
pp. 8-19
Author(s):  
Lastuti Abubakar ◽  
Tri Handayani

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


2019 ◽  
Vol 3 (1) ◽  
pp. 38-49
Author(s):  
Ridwan Arifin

The national and international economic development raises new problems besides the positive side of finance. International economic recession that has global impacts including in Indonesia presents its own challenges. One of the challenges faced is a serious impact on the fulfillment of economic and social rights. Various economic austerity measures were taken to maintain the country’s economic stability. One of the most controversial is the reduction of subsidies in the health, social security, trade and education sectors. The unemployment rate also increased as a direct impact of these economic policies. This paper analyzes the rights of human rights in Indonesian political economic policy both on a national and international scale. This paper compares and analyzes various cases of Indonesian economic policy with the basic principles of human rights, especially social, economic and cultural rights. Studies in this paper cover the areas of study of International Economic and Trade Law, Human Rights Law, and International Law. This paper highlighted that economic policies in the form of reducing subsidies and austerity measures undermine a wide range of human rights human rights frameworks.


2019 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Toebagus Galang Windi Pratama

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.


2019 ◽  
Vol 3 (1) ◽  
pp. 26-29
Author(s):  
Puja Dwi Pangestu

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. 


2019 ◽  
Vol 3 (1) ◽  
pp. 20-25
Author(s):  
Nurul Hikmah

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.


2018 ◽  
Vol 2 (2) ◽  
pp. 78-93
Author(s):  
Siti Dhurotun Muniroh ◽  
Ubaidillah Kamal

Public Procurement or E-Procurement is one of the efforts to improve the quality of public services. Implementation of Public Procurement electronically at auctions is conducted through E-Tendering. Though it has been arranged with clear legal rules, there were still deviations in conducting the auctions of Public Procurement. One of the Ministry that organizes the auctions of Public Procurement through E-Tendering is the Regional Office of Ministry of Justice and Human Rights of Central Java. The researcher conducted a juridical study on the auctions of Public Procurement through E-Tendering with the research questions as follows: (1) How is the implementation of auctions of Public Procurement through E-Tendering at the Regional Office of Ministry of Justice and Human Rights of Central Java? (2) How is the indication of unfair competition practice done in the auction of Public Procurement through E-Tendering at the Regional Office of Ministry of Justice and Human Rights of Central Java? This research was Qualitative research based on empirical-juridical legal research approach. The results showed that the implementation process of the auctions of Public Procurement through E-Tendering in Procurement Services Unit (ULP) Regional Office of Ministry of Justice and Human Rights of Central Java has been in accordance with the Presidential Regulation Number 54 Years 2010 along with the changes and with the Chief of Department of Public Procurement Policies (LKPP) Regulation Number 1 Year 2015 about E-Tendering. Besides, the implementation of auctions of Public Procurement through E-Tendering on Procurement Services Unit (ULP) Regional Office of Ministry of Justice and Human Rights of Central Java has ever happened a horizontal conspiracy.


2018 ◽  
Vol 2 (2) ◽  
pp. 101-112
Author(s):  
Sitta Saraya

Village development in Indonesia demands a growing system of regulations both in the field of village development and its economy so that since the enactment of Law Number 6 of 2014 concerning Villages, Village-Owned Enterprises (BUM Desa) have emerged to support economic development and development of a village in Indonesia . BUM Desa is a Legal Entity that can carry out legal actions to manage capital and assets owned, provide general public services in the form of drinking water management, village waste management, management of barns, making ponds, managing plantation products and livestock products, utilizing tourism potential into villages tourism and other business activities that involve the active role of independent village communities, establish partnerships and cooperation with other parties, both individuals and other legal entities such as Limited Liability Companies, CVs and so on. The purpose of this study is to find out the role of the role of the Joint Village Business Entity as the subject of Civil Law in carrying out various legal actions including cooperating in various fields with other business entities incorporated.Keywords: Civil Law, Joint Village Owned Enterprises (BUM Desa Bersama), Subjects of Civil Law


2018 ◽  
Vol 2 (2) ◽  
pp. 113-124
Author(s):  
Muhammad Ali Masnun

The purpose of this study is to analyze the form of legal protection rights for indications of origin in Indonesia based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications (Trademark and GI Law). Legal protection rights for indications of origin are inseparable from consideration of the economic value inherent in a property. Indications of origin are different from geographical indications, indications of origin are signs that indicate the origin of goods or services that are not identical to natural (geographical) factors. This research is a normative juridical using primary legal materials and secondary legal materials, as well as using prescriptive analysis methods.The results of the study show that legal protection can be provided in the form of preventive and repressive legal protection, however, the legal protection regulation of rights for indications of origin in Indonesia are still relatively very low. Protection of rights for indications of the origin arises with a declarative system that cannot be separated from the rights to the trademark. The right to the trademark is a prerequisite for being able to declare the right to an indication of origin. The period of protection of rights for indications of the following ten years of protection of trademark and can be extended again. Transfer of rights to indications of origin is impossible to do because it is attached to the rights to the trademark and is different from the non-transferability as a geographical indication. Violation of rights for indications of origin can be in the form of use of indications of origin by non-registered users of trademark has been registered with indication of origin. The firmness of the government to provide legal protection in the form of statutory rights for indications of origin is an absolute necessity. The government must be present to provide a regulation as a consequence of the legal state, which means that in carrying out all tasks and activities, it must be based on applicable law.


2018 ◽  
Vol 2 (2) ◽  
pp. 134-140
Author(s):  
Rini Fidiyani

Rini FidiyaniFakultas Hukum Universitas Negeri SemarangEmail [email protected] Wulandari, S.H., M.HumMahasiswa Program Doktor Ilmu HukumUniversitas Sebelas Maret – SoloEmail [email protected] Abstrak Pendidikan tinggi hukum memiliki sejarah panjang di Indonesia dari masa colonial Hindia Belanda sampai masa sekarang. Peletakan dasar pendidikan tinggi hukum berawal  dari pendidikan menengah hukum – Rechtscholl -  bagi tenaga kerja Bumi Putera yang dijadikan pegawai ambtenaar yang dibayar murah. Tugas lulusan  Rechtscholl membantu pekerjaan aparat hukum dari golongan penduduk Eropa, khususnya Belanda. Atas tuntutan politik etis dan menggema konsep negara nasionalis merdeka dari segala bentuk kolonialisme, pemerintah Kolonial Hindia Belanda membuka pendidikan tinggi hukum yang berlanjut hingga sekarang. Sekarang kita telah memasuki pendidikan tinggi hukum yang bersinggungan dengan kompleksitas globalisasi menyangkut beraneka kebutuhan dan masyarakat serta area. Tuntutan pendidikan tinggi hukum masa sekarang bukan sekedar mencetak sarjana hukum yang mahir menyusun berdokumen hukum sebagai kemahiran hardskill bahkan meluas sampai pada softskill dalam mengelola penyelesaian konflik menyangkut  kepekaan social, rasa empati, sikap disiplin dan kesetaraan berkomunikasi dengan pihak yang berkonflik. Konflik Kebebasan Beragama dan Berkeyakinan di negara Indonesia rentan terjadi sehubungan masyarakat kita merupakan heterogen dan kasus konflik sudah terbukti menyebar di Indonesia. Seperti konflik Gerakan Aceh Merdeka, Papua, Poso. Profil memiliki kemahiran berdialog merupakan kemahiran softskill yang wajib dikuasi bagi lulusan pendidikan tinggi hukum dalam mengelola penyeleaian sengketa hukum dan atau konflik yang sekarang mudah muncul dalam berbagai sector kehidupan salah satunya kebebasan beragama dan berkeyakinan. Kemahiran personal dialogonal membutuhkan modal dan latihan khusus yang terarah dan berkesinambungan dalam membangun kemahiran tersebut. Salah satunya dalam pengelolaan penyelesaian konflik kebebasan beragama berkeyakinan di Indonesia sekaligus peluang baru dalam profesi bagi lulusan pendidikan tinggi hukum.Kata Kunci: konflik, kebebasan beragama berkeyakinan, personal dialogonal 


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