Legal Effective of Putting "Business as Usual" Clause in Agreements

Marpi, Yapiter; Erlangga, Erlangga; Endaryono, Bakti Toni; Noviani, Krismayu

doi:10.6000/1929-4409.2021.10.09

Cited by 14 publications

(13 citation statements)

References 10 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Legal practice is not only synonymous with face-to-face activities but also includes digital-to-digital aspects. 25 is what causes various legal activities to be carried out online or digitally, such as online courts (e-court), online signatures, and online registration of integrated legal documents. 26 In addition to these phenomena, in business practice, there are developments related to the digital aspect, in this case, the number of business transactions carried out digitally.…”

Section: A New Era Of Business Law: the Urgency Of Digitizationmentioning

confidence: 99%

Digitalization of Business Law: Urgency and Orientation of the Industrial Revolution 4.0 and Society 5.0

Kurniawan

2022

volksgeist

View full text Add to dashboard Cite

The digitalization of business law is one of the impacts of the development of technology and information. The development of technology and information is identical to the phenomenon of digitization, especially in the context of legal practice. This research gap is the existence of voids and overlapping legal rules related to technological developments in business where there should be legal rules that are general in nature and can accommodate business developments. This study aims to analyze the urgency and orientation of business law in the midst of the development of technology and information, especially with the development of the industrial revolution 4.0 and society 5.0. This research is a normative legal research. The results of the study confirm that the urgency of digitizing business law is by establishing laws and regulations that are in accordance with the needs of digitizing business law as well as the need for harmonization and revision of various existing regulations so that the law. In this case, the law can meet the demands of digital business practices in society. Laws in this case are regulations made by the central government to regulate and anticipate developments in business law so that one law with another may not overlap which has an impact on legal uncertainty in society. The orientation of business law in treading the era of the industrial revolution 4.0 and society 5.0 is that business law, especially business contracts, will become an instrument that is often used, especially digital business contract instruments. Furthermore, it is necessary to harmonize and even establish various laws and regulations using the omnibus law method to facilitate various overlapping laws and regulations as well as efforts to facilitate business development.

show abstract

Section: A New Era Of Business Law: the Urgency Of Digitizationmentioning

confidence: 99%

Digitalization of Business Law: Urgency and Orientation of the Industrial Revolution 4.0 and Society 5.0

Kurniawan

2022

volksgeist

View full text Add to dashboard Cite

show abstract

“…The agreement is a legal act often carried out by the community in everyday life. That is because almost every human action in life is related to a covenant, both simple and complex agreements (Marpi et al, 2021). Judging from the legal aspect, the agreement is etymologically constructed from the Dutch language; namely, overeenkomst has an agreement orientation or agreement from the parties (Muabezi, 2017).…”

Section: The Essence Of the Misuse Of Circumstances Doctrine In Agree...mentioning

confidence: 99%

The Existence of the Abuse of Circumstances Doctrine in Agreement Law

Andriawan

2022

SKLJ

View full text Add to dashboard Cite

The misuse of circumstances is one of the important factors that can invalidate the agreement's validity. Even though the parties have agreed on the agreement, if there is an orientation to abuse of circumstances, the agreement is null and void. This study aims to see the existence of abuse of circumstances associated with the principles of contract law. This research is legal research that tries to answer legal issues. Legal issues occupy a central position in a legal problem. This research uses a statutory and conceptual approach. Legal materials in this study include primary legal materials, namely: Civil Code/Burgerlijk Wetboek. Secondary legal materials include books, journal articles, study results and non-legal materials, including legal dictionaries. The analysis was carried out by conducting an inventory and analysis of the primary legal materials in the form of the Civil Code/Burgerlijk Wetboek to find prescriptions as legal recommendations. The study results confirm that the nature of the abuse of circumstances is an imbalance in the parties' positions in the agreement. This can be anticipated by applying the six principles of contract law simultaneously and comprehensively.

show abstract

“…Merupakan bahan hukum yang sifatnya mengikat (Lopes, 2013), berupa (a) Norma Dasar atau Kaidah Dasar yaitu Pembukaan UUD 1945; (b) Peraturan Dasar: Batang Tubuh UUD 1945; (c) Peraturan Perundangundangan yaitu: Undang-undang, Peraturan Pemerintah, Keputusan Presiden, dan peraturan lainnya yang berkaitan dengan hak cipta; (d) Yurisprudensi yang ada relevansinya dengan penulisan dan penelitian ini. Bahan hukum sekunder adalah bahan hukum yang memberikan penjelasan mengenai bahan hukum primer, seperti jurnal-jurnal tentang hukum tata negara khususnya terkait amandemen dan pelaksanaan kedaulatan, buku-buku hukum, makalah, lokakarya, seminar, simposium, diskusi, dan hasil-hasil penelitian, majalah/koran, media internet serta risalah yang ada hubungannya dengan obyek penelitian (Marpi & Erlangga, 2021). Bahan hukum tersier, yaitu bahan hukum penunjang untuk memperjelas atau memberikan kelengkapan informasi tentang bahan hukum primer maupun bahan hukum sekunder seperti kamus hukum, Kamus Besar Bahasa Indonesia, kamus bahasa Inggris-Indonesia, dan lain-lain..…”

Section: Metode Penelitianunclassified

Pelanggaran Hak Cipta Musik Berbentuk Cover Song di Media Sosial

Wiryadi

2021

reslaj

View full text Add to dashboard Cite

The purpose of this study: 1) To find out copyright violations in the field of music in the form of a cover song by recording through social media connected with Law Number 28 of 2014 concerning Copyright. 2) To find out the factors that influence copyright violations in the music field in the form of cover songs by recording through social media. The writing of this thesis uses a statute approach, by reviewing amendments to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by state institutions and the Republic of Indonesia Law No. 19 of 2016 concerning Amendment of Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Results of research conducted by the author: When someone does a cover song through social media without permission from the creator, both for the purpose not for commercial or commercial purposes, it is an infringement of copyright. Factors that influence the occurrence of violations of copyright in Indonesia include: 1) Weak law enforcement against violators. 2) Works on the internet can easily be duplicated and disseminated globally in a short period of time and in large quantities. 3) There is no limit on the place of the offender because a domain name or website can be accessed by anyone globally. 4) Procedures for events between countries in dealing with violations of copyright on the internet, such as to determine who the perpetrators are and when they occur and determine the jurisdiction of violations still vary.

show abstract

Legal Effective of Putting "Business as Usual" Clause in Agreements

Cited by 14 publications

References 10 publications

Digitalization of Business Law: Urgency and Orientation of the Industrial Revolution 4.0 and Society 5.0

Digitalization of Business Law: Urgency and Orientation of the Industrial Revolution 4.0 and Society 5.0

The Existence of the Abuse of Circumstances Doctrine in Agreement Law

Pelanggaran Hak Cipta Musik Berbentuk Cover Song di Media Sosial

Contact Info

Product

Resources

About