[HUKUM DAGANG] PENDAHULUAN HUKUM DAGANG

Summary

In this lecture, Diana Kusuma Ayu discusses the fundamentals of commercial law (hukum dagang). She explains its relationship with civil law (KUHP perdata) and trade law (KUHD), emphasizing that commercial law governs business relations and obligations. The lecture covers topics such as the concept of a company, the role of businesses and contracts in trade, and the structure of commercial law regulations. Additionally, she outlines the principles of dispute resolution in business, including mediation, arbitration, and conciliation. The session aims to provide a comprehensive understanding of commercial law and its practical applications.

Takeaways

• 😀 Trade law is not specifically regulated by the Civil Code (KUHP) or the Commercial Code (KUHD) but is influenced by both written and unwritten sources.
• 😀 The relationship between civil law and trade law is such that civil law deals with individual rights and obligations, while trade law governs business transactions and relations.
• 😀 The Commercial Code (KUHD) is divided into three books: general provisions, rights and obligations, and bankruptcy, with the latter now regulated by separate law (Law No. 37 of 2004).
• 😀 The term 'trade law' originally referred to laws for merchants, but this was broadened to 'companies' to encompass all types of business entities.
• 😀 Key concepts in trade law include companies, business activities, and proper bookkeeping for businesses.
• 😀 The subjects of trade law include individuals, legal entities, and business entities like firms or limited partnerships (CV), which are not legally recognized entities but still engage in trade.
• 😀 The objects of trade law include anything that can be part of a business transaction, such as products, services, and financial transactions.
• 😀 Contracts in trade law must be written and standardized, ensuring clear terms for the delivery and payment of goods or services between parties.
• 😀 Disputes in trade law may involve individuals, legal entities, businesses, and even the state, requiring legal resolution through agreed-upon methods.
• 😀 Dispute resolution in trade law should be based on mutual consent, freedom to choose applicable laws, and good faith, with methods such as negotiation, mediation, conciliation, and arbitration being encouraged.

Q & A

What is the definition of Commercial Law (Hukum Dagang)?

Commercial Law, or Hukum Dagang, is not specifically regulated in the Civil Code (KUHP) or the Commercial Code (KUHD), but it is understood as the law governing business relationships and agreements among people running companies or engaging in commerce.

What are the key elements that define Commercial Law?

Commercial Law is defined by key elements such as business activities, profit-seeking, continuous operation, and transparency. These elements are central to the functioning of businesses.

How is Commercial Law regulated?

Commercial Law is primarily regulated in the Commercial Code (KUHD). Other relevant regulations include the Civil Code (KUHP), specific laws such as the Limited Liability Company Law, and regulations related to state-owned enterprises or cooperatives.

What is the relationship between Civil Law (KUHP) and Commercial Law (KUHD)?

The relationship between KUHP (Civil Code) and KUHD (Commercial Code) follows the principle 'lex specialis derogat legi generali,' meaning specific laws like KUHD override general laws like KUHP when conflicts arise.

What is the structure of the Commercial Code (KUHD)?

The Commercial Code (KUHD) is divided into three books: Book 1 deals with declarations, Book 2 covers rights and obligations, and Book 3 focuses on bankruptcy. However, Book 3 is now replaced by Law No. 37 of 2004 on Bankruptcy.

Why was the term 'pedagang' (trader) replaced in the Commercial Code?

The term 'pedagang' was considered too narrow, so it was replaced by the broader term 'perusahaan' (company) to reflect the evolution of the law from regulating traders to addressing businesses more generally.

What are the core concepts in Commercial Law?

The core concepts of Commercial Law include 'perusahaan' (company), 'pekerjaan' (work), and 'pembukuan' (bookkeeping), all of which are essential to the operation and regulation of businesses.

Who are the subjects of Commercial Law?

The subjects of Commercial Law include individuals (natural persons), legal entities (such as companies), and businesses that may not be formal legal entities, such as partnerships (CV) or firms.

What is the object of Commercial Law?

The object of Commercial Law encompasses any transaction that involves business activities. This includes all business inputs and outputs that must be properly recorded in the company's books.

How are commercial contracts governed in Commercial Law?

Commercial contracts must be written and follow standard practices. They must specify terms of delivery, payment for goods, and other key obligations of the parties involved in the business transaction.