Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.49462
Inneke Saphira Soesanto, Diana Tantri C
This article aims to find out about the obstacles of implementing brand registration among small and medium batik entrepreneurs in Pusat Grosir Solo and solutions to the obstacles of implementing brand registration among small and medium batik entrepreneurs in Pusat Grosir Solo. Empirical legal research is descriptive with the research site at the Pusat Grosir Solo. The types and sources of this research data include primary and secondary data. Data collection techniques with interviews and literature studies. The data analysis technique is qualitatively. The results tells that the barriers to the implementation of brand registration among small and medium-sized batik entrepreneurs in Pusat Grosir Solo are divided into two, namely non-normative barriers and normative barriers. Non normative barriers are a lack of understanding about the brand and its registration, limited funds owned by SMEs, and concerns about the brand being not accepted for registration due to similarities to existing brands. Then there are normative obstacles is brand registration arrangements as stipulated in Article 14 paragraph (1), Article 14 paragraph (2), and Article 23 paragraph (5) of Law No. 20 of 2016 concerning Brands and Geographical Indications take a long time (8 months). The solution to non-normative barriers is to empower SMEs regarding the brand and its registration conducted by the Surakarta City Government, the issuance of SME recommendation letters by Disnakerperin and Dinkop SME so that registration costs are cheaper, and to address concerns about brands not being accepted for registration due to similarities to existing brands, may register the brand collectively. For solutions to normative barriers, there needs to be a revision of Law No. 20 of 2016 on Brands and Geographical Indications related to the process of brand registration to be shorter.
{"title":"EFEKTIVITAS HUKUM PENDAFTARAN MEREK DI KALANGAN PENGUSAHA KECIL DAN MENENGAH BATIK DI PUSAT GROSIR SOLO","authors":"Inneke Saphira Soesanto, Diana Tantri C","doi":"10.20961/privat.v11i2.49462","DOIUrl":"https://doi.org/10.20961/privat.v11i2.49462","url":null,"abstract":"This article aims to find out about the obstacles of implementing brand registration among small and medium batik entrepreneurs in Pusat Grosir Solo and solutions to the obstacles of implementing brand registration among small and medium batik entrepreneurs in Pusat Grosir Solo. Empirical legal research is descriptive with the research site at the Pusat Grosir Solo. The types and sources of this research data include primary and secondary data. Data collection techniques with interviews and literature studies. The data analysis technique is qualitatively. The results tells that the barriers to the implementation of brand registration among small and medium-sized batik entrepreneurs in Pusat Grosir Solo are divided into two, namely non-normative barriers and normative barriers. Non normative barriers are a lack of understanding about the brand and its registration, limited funds owned by SMEs, and concerns about the brand being not accepted for registration due to similarities to existing brands. Then there are normative obstacles is brand registration arrangements as stipulated in Article 14 paragraph (1), Article 14 paragraph (2), and Article 23 paragraph (5) of Law No. 20 of 2016 concerning Brands and Geographical Indications take a long time (8 months). The solution to non-normative barriers is to empower SMEs regarding the brand and its registration conducted by the Surakarta City Government, the issuance of SME recommendation letters by Disnakerperin and Dinkop SME so that registration costs are cheaper, and to address concerns about brands not being accepted for registration due to similarities to existing brands, may register the brand collectively. For solutions to normative barriers, there needs to be a revision of Law No. 20 of 2016 on Brands and Geographical Indications related to the process of brand registration to be shorter.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"179 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139240113","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.49651
Raihan Rachman, Yudho Taruno Muryanto
Bankruptcy is a legal process when a debtor who go through difficulty to pay the debt to the creditor hence it is stated as bankrupt through commercial court. In the court process of bankruptcy legal action, there are principles which become foundation to execute the bankruptcy process in accordance with the Act No. 37 Year 2004 about PKPU (Penundaan Kewajiban Pembayaran Utang/Suspension of debt payment obligations) and Bankruptcy. This research aimed to acknowledge the implementation of justice principle in the bankruptcy legal action between Acrossasia Limited and PT. First Media Tbk, also the power of bankruptcy legal verdict especially on the verdict of No. 44PK/Pdt.Sus-Pailit/2016 which not in accordance with the bankruptcy requirements. This research used normative method which means the writer studied the existing laws and regulations. Moreover, the research used case approach to find a complete picture of a situation. The research results of this article show that this decision has permanent power and execution but in this decision it does not apply as justice which is a condition in bankruptcy.
{"title":"PENERAPAN “ASAS KEADILAN” DALAM SENGKETA KEPAILITAN DALAM RANGKA MELINDUNGI KEPENTINGAN DEBITUR (Studi Putusan : Nomor 44pk/Pdt.Sus-Pailit/2016)","authors":"Raihan Rachman, Yudho Taruno Muryanto","doi":"10.20961/privat.v11i2.49651","DOIUrl":"https://doi.org/10.20961/privat.v11i2.49651","url":null,"abstract":"Bankruptcy is a legal process when a debtor who go through difficulty to pay the debt to the creditor hence it is stated as bankrupt through commercial court. In the court process of bankruptcy legal action, there are principles which become foundation to execute the bankruptcy process in accordance with the Act No. 37 Year 2004 about PKPU (Penundaan Kewajiban Pembayaran Utang/Suspension of debt payment obligations) and Bankruptcy. This research aimed to acknowledge the implementation of justice principle in the bankruptcy legal action between Acrossasia Limited and PT. First Media Tbk, also the power of bankruptcy legal verdict especially on the verdict of No. 44PK/Pdt.Sus-Pailit/2016 which not in accordance with the bankruptcy requirements. This research used normative method which means the writer studied the existing laws and regulations. Moreover, the research used case approach to find a complete picture of a situation. The research results of this article show that this decision has permanent power and execution but in this decision it does not apply as justice which is a condition in bankruptcy.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139242175","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.49823
Clara Beatrice Pisarta, Dona Budi Kharisma
This article aims to analyze the civil liability of the parties at Lazada if there is default in the online sale and purchase agreement in relation to the law of e-commerce in Indonesia. And to see the legal protection of Lazada's online buying and selling agreements with e-commerce laws in Indonesia. This research is a descriptive normative legal research. The approach used is a statue approach. The materials used in the study were selected from primary legal materials and secondary legal materials using techniques and data in the form of literature study. In analyzing legal materials and in data analysis techniques used the syllogism method. Based on the research results, there is still a lack of explanation in the electronic contracts at Lazada about civil liability and existing repressive legal protections. It is hoped that the government will provide assertiveness through good preventive legal protection and for Lazada to tidy up the class and the contents of the agreement.
{"title":"TANGGUNG JAWAB PERDATA PARA PIHAK DALAM PERDAGANGAN MELALUI SISTEM ELEKTRONIK PADA STARTUP MULTINASIONAL LAZADA DALAM PERSPEKTIF HUKUM E-COMMERCE DI INDONESIA","authors":"Clara Beatrice Pisarta, Dona Budi Kharisma","doi":"10.20961/privat.v11i2.49823","DOIUrl":"https://doi.org/10.20961/privat.v11i2.49823","url":null,"abstract":"This article aims to analyze the civil liability of the parties at Lazada if there is default in the online sale and purchase agreement in relation to the law of e-commerce in Indonesia. And to see the legal protection of Lazada's online buying and selling agreements with e-commerce laws in Indonesia. This research is a descriptive normative legal research. The approach used is a statue approach. The materials used in the study were selected from primary legal materials and secondary legal materials using techniques and data in the form of literature study. In analyzing legal materials and in data analysis techniques used the syllogism method. Based on the research results, there is still a lack of explanation in the electronic contracts at Lazada about civil liability and existing repressive legal protections. It is hoped that the government will provide assertiveness through good preventive legal protection and for Lazada to tidy up the class and the contents of the agreement.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"26 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139238702","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.48947
Amalia Vanny Shania, Dona Budi Kharisma
This articles aims to analyse and examine the importance of implementing credit guarantee on peer to peer (p2p) lending mechanism in Indonesia as a form of prevention of Non Perfroming Loan Risk and the ideal type of credit guarantee to be applied on peer to per (p2p) lending mechanism. This research is a normative legal research with a perspective character with a consepual approach. The type of data used is secondary data which includes primary dan secondary legal materials. Meanwhile, the thechnique of collecting data in examining these problems use a literature study technique which is then carried out by technical analysis using the deductive method. The results show that there is urgency for the application of credit guarantee on peer to peer (p2p) lending sector based on 3 important aspects, namely philosophical, juridical, and sociological foundations. The urgency is related to the risk of non performing loan or default by the borrower which must be borne by the the lender. Implementing fiduciary security into peer to peer (p2p) lending mechanism can be an ideal solution to provide protection and legal certainty for lenders while minimizing the potentional risk of non performing loan.
{"title":"URGENSI PENGATURAN JAMINAN KREDIT DALAM SEKTOR PEER TO PEER (P2P) LENDING DI INDONESIA","authors":"Amalia Vanny Shania, Dona Budi Kharisma","doi":"10.20961/privat.v11i2.48947","DOIUrl":"https://doi.org/10.20961/privat.v11i2.48947","url":null,"abstract":"This articles aims to analyse and examine the importance of implementing credit guarantee on peer to peer (p2p) lending mechanism in Indonesia as a form of prevention of Non Perfroming Loan Risk and the ideal type of credit guarantee to be applied on peer to per (p2p) lending mechanism. This research is a normative legal research with a perspective character with a consepual approach. The type of data used is secondary data which includes primary dan secondary legal materials. Meanwhile, the thechnique of collecting data in examining these problems use a literature study technique which is then carried out by technical analysis using the deductive method. The results show that there is urgency for the application of credit guarantee on peer to peer (p2p) lending sector based on 3 important aspects, namely philosophical, juridical, and sociological foundations. The urgency is related to the risk of non performing loan or default by the borrower which must be borne by the the lender. Implementing fiduciary security into peer to peer (p2p) lending mechanism can be an ideal solution to provide protection and legal certainty for lenders while minimizing the potentional risk of non performing loan.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139238469","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.48758
Nabila Rahma Gustami, Yudho Taruno Muryanto
This article aims to find out the first, the regulation of peer to peer lending transactions in the rule of law in Indonesia and the second, the form of legal protection against lenders in peer to peer lending transactions in relation to platforms that commit illegal acts. This type of research is normative with a prescriptive nature of research. Based on the results of research and discussion, the authors show that the regulation of peer to peer lending transactions in the rule of law in Indonesia has been regulated in several regulations, Undang-Undang Number 21 of 2011, Undang-Undang Number 11 of 2008 as amended by Undang-Undang Number 19 of 2016 , Financial Services Authority Regulation Number 77 / POJK.01 / 2016, Financial Services Authority Regulation Number 13 / POJK.02 / 2018, Bank Indonesia Regulation Number 19/12/ PBI / 2017. And as for the form of legal protection for lenders in peer to peer lending transactions, the relationship between platforms committing acts against the law is regulated in the Financial Services Authority Regulation Number 77/POJK.01/2016
本文旨在探究：第一，印尼法治对点对点借贷交易的监管；第二，在点对点借贷交易中，针对实施非法行为的平台，法律对出借人的保护形式。这类研究属于规范性研究，具有研究的规定性。根据研究和讨论的结果，作者表明，印尼法治中对点对点借贷交易的监管已在多个法规中得到规范，包括 2011 年第 21 号法规（Undang-Undang Number 21 of 2011）、经 2016 年第 19 号法规修订的 2008 年第 11 号法规（Undang-Undang Number 11 of 2008）、第 77 / POJK.01 / 2016 号金融服务管理局法规（Financial Services Authority Regulation Number 77 / POJK.01 / 2016）、第 13 / POJK.02 / 2018 号金融服务管理局法规（Financial Services Authority Regulation Number 13 / POJK.02 / 2018）、第 19/12/ PBI / 2017 号印尼银行法规（Bank Indonesia Regulation Number 19/12/ PBI / 2017）。至于在点对点借贷交易中对出借人的法律保护形式，第 77/POJK.01/2016 号金融服务管理局法规对实施违法行为的平台之间的关系进行了规定
{"title":"PERLINDUNGAN HUKUM LENDER DALAM TRANSAKSI PEER TO PEER LENDING KAITANNYA PLATFORM YANG MELAKUKAN PERBUATAN MELAWAN HUKUM","authors":"Nabila Rahma Gustami, Yudho Taruno Muryanto","doi":"10.20961/privat.v11i2.48758","DOIUrl":"https://doi.org/10.20961/privat.v11i2.48758","url":null,"abstract":"This article aims to find out the first, the regulation of peer to peer lending transactions in the rule of law in Indonesia and the second, the form of legal protection against lenders in peer to peer lending transactions in relation to platforms that commit illegal acts. This type of research is normative with a prescriptive nature of research. Based on the results of research and discussion, the authors show that the regulation of peer to peer lending transactions in the rule of law in Indonesia has been regulated in several regulations, Undang-Undang Number 21 of 2011, Undang-Undang Number 11 of 2008 as amended by Undang-Undang Number 19 of 2016 , Financial Services Authority Regulation Number 77 / POJK.01 / 2016, Financial Services Authority Regulation Number 13 / POJK.02 / 2018, Bank Indonesia Regulation Number 19/12/ PBI / 2017. And as for the form of legal protection for lenders in peer to peer lending transactions, the relationship between platforms committing acts against the law is regulated in the Financial Services Authority Regulation Number 77/POJK.01/2016","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"64 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139239052","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.49811
Brigita Cindy Meiliana, Arief Suryono
This article aims to find out the legal implications of the Constitutional Court Decision No.18 / PUU-XVII / 2019 and the mechanism for the execution of fiduciary object guarantees after the Constitutional Court Decision No.18 / PUU-XVII / 2019. This type of research is normative with the nature of applied and prescriptive research. Based on the results of research and discussion, the most important implications are the reduced executive power of fiduciary certificates, the elimination of the parate execution mechanism, and inefficiency in handling fiduciary guarantee disputes. Meanwhile, the mechanism is longer and more complicated.
{"title":"IMPLIKASI DAN MEKANISME EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NO.18/PUU-XVII/2019 DALAM HAL DEBITUR WANPRESTASI","authors":"Brigita Cindy Meiliana, Arief Suryono","doi":"10.20961/privat.v11i2.49811","DOIUrl":"https://doi.org/10.20961/privat.v11i2.49811","url":null,"abstract":"This article aims to find out the legal implications of the Constitutional Court Decision No.18 / PUU-XVII / 2019 and the mechanism for the execution of fiduciary object guarantees after the Constitutional Court Decision No.18 / PUU-XVII / 2019. This type of research is normative with the nature of applied and prescriptive research. Based on the results of research and discussion, the most important implications are the reduced executive power of fiduciary certificates, the elimination of the parate execution mechanism, and inefficiency in handling fiduciary guarantee disputes. Meanwhile, the mechanism is longer and more complicated.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139238464","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.49189
Aviyado Surya Adiartha, Arief Suryono
This article aims to determine the legal consequences of medical malpractice by doctors against patients in the perspective of Law Number 29 of 2004 concerning Medical Practice and civil law. The research method used is a prescriptive normative legal research method. The legal approach used is the statutory approach. Sources of legal materials used include primary and secondary legal materials with legal material collection techniques using literature study or document study. The results of this study indicate that the Medical Practice Law only regulates disciplinary sanctions for doctors on the decision of the Indonesian Medical Discipline Honorary Council (MKDKI) as a follow-up if there is a complaint from a patient against a doctor's actions that are considered detrimental, while the legal consequences must be borne by the doctor if proven to have committed medical malpractice it is not directly regulated by this law but is regulated by the Civil Code. The legal consequences of this medical malpractice cause the doctor's responsibility to the patient. This responsibility is in the form of liability for losses due to default or liability for losses due to illegal acts.
{"title":"MALPRAKTIK DOKTER DALAM PERSPEKTIF UNDANG-UNDANG PRAKTIK KEDOKTERAN DAN HUKUM PERDATA","authors":"Aviyado Surya Adiartha, Arief Suryono","doi":"10.20961/privat.v11i2.49189","DOIUrl":"https://doi.org/10.20961/privat.v11i2.49189","url":null,"abstract":"This article aims to determine the legal consequences of medical malpractice by doctors against patients in the perspective of Law Number 29 of 2004 concerning Medical Practice and civil law. The research method used is a prescriptive normative legal research method. The legal approach used is the statutory approach. Sources of legal materials used include primary and secondary legal materials with legal material collection techniques using literature study or document study. The results of this study indicate that the Medical Practice Law only regulates disciplinary sanctions for doctors on the decision of the Indonesian Medical Discipline Honorary Council (MKDKI) as a follow-up if there is a complaint from a patient against a doctor's actions that are considered detrimental, while the legal consequences must be borne by the doctor if proven to have committed medical malpractice it is not directly regulated by this law but is regulated by the Civil Code. The legal consequences of this medical malpractice cause the doctor's responsibility to the patient. This responsibility is in the form of liability for losses due to default or liability for losses due to illegal acts.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"46 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139239864","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.49319
Ezra Mayora Widiasari, Adi Sulistiyono
This article aims to find out what are the problems that hamper legal protecting of rights holders in T-shirt graphic design according to law number 31 of 2000 concerning industrial design ( case study in T-shirt seller in Malioboro, Yogyakarta).The research methodology used is a non-doctrinal research method or Empirical research, which is researching secondary data at first, then continuing research on primary data in the field. The law of the Republic of Indonesia Number 30 of 2000 concerning Industrial Design which is protected a creator of graphic design. A graphic design is a one of creation must be protection. Especially for creator of design graphic. The result of protection for T-shit creator design graphic in Malioboro, Yogyakarta, is not protected optimally because there are defect in implementation and there are three inhibiting factors. Researchers getting conclusion that the implementation of protected for creator rights graphic design on t-shirt is not optimally and to harmful for creator and designer
本文旨在找出阻碍根据 2000 年第 31 号工业设计法对 T 恤平面设计权利人进行法律保护的问题所在（对日惹市 Malioboro 的 T 恤销售商进行的案例研究）。本文采用的研究方法是非理论研究法或实证研究法，即首先研究二手数据，然后继续研究实地的一手数据。印度尼西亚共和国 2000 年关于工业设计的第 30 号法律保护平面设计创作者。 平面设计是一项必须受到保护的创作。特别是对于平面设计的创作者。日惹市马里奥博罗区对 T-shit 平面设计创作者的保护结果并不尽如人意，因为在实施过程中存在缺陷，并且存在三个阻碍因素。研究人员得出的结论是，对 T 恤衫上的图形设计创作者权利的保护没有达到最佳效果，并且对创作者和设计者造成了伤害。
{"title":"PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK DESAIN GRAFIS PADA KAOS MENURUT UNDANG-UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI (Studi Pada Penjual Kaos di Malioboro Yogyakarta)","authors":"Ezra Mayora Widiasari, Adi Sulistiyono","doi":"10.20961/privat.v11i2.49319","DOIUrl":"https://doi.org/10.20961/privat.v11i2.49319","url":null,"abstract":"This article aims to find out what are the problems that hamper legal protecting of rights holders in T-shirt graphic design according to law number 31 of 2000 concerning industrial design ( case study in T-shirt seller in Malioboro, Yogyakarta).The research methodology used is a non-doctrinal research method or Empirical research, which is researching secondary data at first, then continuing research on primary data in the field. The law of the Republic of Indonesia Number 30 of 2000 concerning Industrial Design which is protected a creator of graphic design. A graphic design is a one of creation must be protection. Especially for creator of design graphic. The result of protection for T-shit creator design graphic in Malioboro, Yogyakarta, is not protected optimally because there are defect in implementation and there are three inhibiting factors. Researchers getting conclusion that the implementation of protected for creator rights graphic design on t-shirt is not optimally and to harmful for creator and designer","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"14 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139241840","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.48652
Pandhu Maruli Yoso, F. Hukum, Universitas Sebelas, Maret Surakarta
This article aims to determine the concept and examine the relationship between agency workers and companies involved in work agreements with the outsourcing system in Indonesia. There is a legal vacuum in defining this work relationship that gives more benefits to the company, which on the other hand also creates problems related to the protection of agency workers' rights. This research is a normative legal research. The approach used by the author is the statutory approach, case approach and the conceptual approach. The sources of law used consist of primary and secondary legal materials. The data collection technique used by the writer is a library research obtained from a review of legal regulations related to outsourcing contract workers. The technique of analyzing legal materials uses the syllogistic method with a deductive mindset. The result of this study is that with the existence of a legal vacuum in defining a legal relationship, the work agreement must have legal certainty in accordance with the work agreement arrangement in the outsourcing system and the agreement principle in the work agreement itself. This is intended so that contract workers and companies in the outsourcing system can mutually fulfill their rights and obligations according to the binding agreement of each party.
{"title":"PERLINDUNGAN HUKUM TERHADAP PEKERJA KONTRAK DALAM PERJANJIAN KERJA DENGAN SISTEM OUTSOURCING DI INDONESIA","authors":"Pandhu Maruli Yoso, F. Hukum, Universitas Sebelas, Maret Surakarta","doi":"10.20961/privat.v11i2.48652","DOIUrl":"https://doi.org/10.20961/privat.v11i2.48652","url":null,"abstract":"This article aims to determine the concept and examine the relationship between agency workers and companies involved in work agreements with the outsourcing system in Indonesia. There is a legal vacuum in defining this work relationship that gives more benefits to the company, which on the other hand also creates problems related to the protection of agency workers' rights. This research is a normative legal research. The approach used by the author is the statutory approach, case approach and the conceptual approach. The sources of law used consist of primary and secondary legal materials. The data collection technique used by the writer is a library research obtained from a review of legal regulations related to outsourcing contract workers. The technique of analyzing legal materials uses the syllogistic method with a deductive mindset. The result of this study is that with the existence of a legal vacuum in defining a legal relationship, the work agreement must have legal certainty in accordance with the work agreement arrangement in the outsourcing system and the agreement principle in the work agreement itself. This is intended so that contract workers and companies in the outsourcing system can mutually fulfill their rights and obligations according to the binding agreement of each party.","PeriodicalId":422839,"journal":{"name":"Jurnal Privat Law","volume":"146 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139240732","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}
Pub Date : 2023-11-24DOI: 10.20961/privat.v11i2.65479
Putri Maha Dewi, Ismawati Septiningsih, I. Kurniawan
Many companies face the threat of difficulty paying their debts to their creditors. There are many reasons the debtor has not paid off the debt, including being unable to pay off the debt that has been given at all, the debt that has been paid is still insufficient for the debt bill, being late in paying the debt, or paying the debt but not in accordance with what has been agreed. The reconciliation plan in the PKPU contains one of which is the debtor's plan to restructure his debts in accordance with the principle of business continuity, which most often is rescheduling, regulated in Article 265 of Law Number 37 of 2004 concerning Bankruptcy. The parties are free to determine the content of the peace plan, the freedom of the content of this peace plan is known as the principle of freedom of contract. The peace agreement which has been ratified by the court, then the reconciliation has binding legal force for the Debtor and the Creditors.
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