Hukum Dagang (Dani Sintara)

Summary

In this lecture, Dani Sintara, a law professor at Universitas Pembangunan Pancabudi Medan, introduces business law (hukum dagang). He explains that business law governs human behavior in trade, focusing on relationships between individuals and legal entities. The sources of business law include the Commercial Code (WvK), Civil Code (BW), and special regulations outside these codes. Sintara also discusses different types of trade, such as based on the activity, goods, or region, and outlines the roles of intermediaries in trade. Lastly, he explores the forms of companies, from individual enterprises to limited liability companies (PT), highlighting key differences in legal responsibilities.

Takeaways

• 😀 The speaker introduces themselves as Dani Sintara, a lecturer at the Faculty of Law, Universitas Pembangunan Pancabudi Medan, and an advocate at Law Office Sentara S MH.
• 😀 The main topic of the lecture is 'Business Law,' focusing on the legal rules that govern human behavior in commerce and trade.
• 😀 Business law is defined as a legal framework that regulates the actions of individuals and legal entities involved in trade to achieve profit.
• 😀 The definition of law is described as a set of rules that mandate or prohibit specific actions to maintain order in society, and business law falls under this broader definition.
• 😀 The subjects of business law include both individuals and legal entities, all of whom participate in trade and commerce.
• 😀 The sources of business law are categorized into three main types: the Commercial Code (WvK), the Civil Code (BW), and specific regulations outside of these codifications that relate to trade.
• 😀 The Commercial Code (WvK) is a partial codification that deals specifically with matters related to business and trade, while the Civil Code (BW) addresses broader civil matters.
• 😀 Examples of special regulations outside the main codifications include laws like the Law on Limited Liability Companies (Law No. 40 of 2007), which governs specific types of business entities.
• 😀 Business activities are classified into three types: by the nature of work, by the type of goods traded, and by geographical scope (domestic vs. international trade).
• 😀 The speaker explains different forms of intermediaries in business: those within a company, such as managers or commercial travelers, and external agents, like commercial agents and brokers who facilitate transactions between parties.
• 😀 The types of companies in business law include individual enterprises, non-legal entity companies, and legal entity companies (e.g., limited liability companies), with specific regulations for each form of business structure.

Q & A

What is commercial law (hukum dagang) as explained in the transcript?

Commercial law (hukum dagang) refers to the set of laws that govern the behavior of individuals and entities engaged in trade, aiming for profit. It regulates the legal relationships between humans and legal entities involved in commerce.

What are the sources of commercial law mentioned in the transcript?

The sources of commercial law are: 1) the Commercial Code (Kitab Undang-Undang Hukum Dagang or WvK), 2) the Civil Code (Kitab Undang-Undang Hukum Perdata or BW), and 3) specific regulations outside the Commercial Code, such as laws related to limited liability companies.

What is the significance of the Commercial Code (WvK) in commercial law?

The Commercial Code (WvK) is considered a partial codification, systematically organizing laws related to commerce. It addresses specific aspects of trade and business operations, making it a crucial legal framework in commercial law.

How does the Civil Code (BW) relate to commercial law?

The Civil Code (BW) serves as a general legal framework that governs civil matters, including commercial transactions. While it is not exclusively dedicated to commercial law, it provides regulations that are relevant to business activities.

What are the three types of commerce discussed in the transcript?

The three types of commerce are: 1) commerce based on the nature of the work, which is divided into gathering trade and distributing trade, 2) commerce based on the goods traded, which includes goods, services, and securities, and 3) commerce based on geographical location, which includes domestic trade, international trade, and transshipment trade.

What is the difference between gathering trade and distributing trade?

In gathering trade, businesses focus on collecting goods that will be used as commodities for commerce. In distributing trade, businesses are involved in spreading or selling these goods to consumers or other businesses.

What is the role of intermediaries in commercial law?

Intermediaries play a key role in facilitating trade. They are classified into two types: those within a company, such as company leaders or commercial travelers, and those outside a company, such as commercial agents and brokers, who help connect different parties in a trade transaction.

What is the difference between a commercial agent and a broker?

A commercial agent acts on behalf of a company and represents its interests in transactions. A broker, on the other hand, serves as an intermediary between two parties but is not bound to any particular company and operates independently.

What are the three types of business entities discussed in the transcript?

The three types of business entities are: 1) Individual or sole proprietorship businesses, 2) Unincorporated businesses, where the owner is also the manager, and 3) Incorporated businesses, which are separate legal entities such as limited liability companies (PT) where ownership and management are distinct.

How does the distinction between personal assets and business assets apply in unincorporated businesses?

In unincorporated businesses, the personal assets of the owner are intertwined with the business assets. This means that the owner’s personal assets could be used to settle business liabilities if the business faces legal or financial issues.