WHAT DID WE LEARN

I. INTRODUCTION TO INDONESIANS LAW - Legal Risks and function of law in business. - The Mainstreams of Legal System. - Sources of Law in Indonesia. - The Hierarchy of Legal Instrument. - Indonesian legal system. - Hierarchy of courts in Indonesia. - Legal subject. - the difference between ci il law and criminal law. II. CONTRACT - !efinition. - "asic re#uirements of a alid contract. $oncluded by com%etent %arties& 'arties ha e consented to be bound by the contract& Has a definite object& The cause of the contract is lawful. - Legal (ge. - ( oidable and a oid by law. - The %rinci%les ) a. The principle of good faith. b. The principle of freedom of contract. - the difference between Mo* and $ontract. III. BUSINESS ORGANIZATION - Ty%es of business organi+ation) a. ,irma b. 'ersekutuan 'erdata ) 'erkum%ulan- ikatan- asosiasi. c. 'erseroan .omanditer /$01 d. 'erseroan Terbatas. e. 'erseroan Terbuka. f. "*M23"*M! /"adan *saha Milik 2egara3"adan *saha Milik !aerah1. g. 'erum3'erjan /%erusahaan umum3'erusahaan 4awatan1. h. .o%erasi. IV. CONTRACT DRAFTING

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7. Title 8. $om%arison /'arties Identity1 9. $onsideration) causes3backgrounds of obligations :. 'remises) terms ; conditions /"ody of a $ontract1 <. (ttestation) = witnesses = date of authori+ation >. (ttachments3?@hibits

V. BUSINESS FUNDING
THE 5 C PRINCIPLES to GET A CREDIT

Chara t!r Ca"a #t$ Ca"#ta% Co%%at!ra% Co&'#t#o& o( E o&o)#

T$"!* o( Cr!'#t+ U&*! ,r!' Cr!'#t - !oes not re#uire any security /collateral1 - $reditor relies on the debtorAs %romise S! ,r!' Cr!'#t ( way to minimi+e the risk associated with e@tending unsecured credit- a creditor may re#uire a security interest in the debtorAs %ro%erty /collateral1 S! $,r! Cr!'#t Co&*#*t o(+ 'and 3 'awn3 'ledge /Badai1 The essential element of a %awn is that the %ossession of the goods must be with the creditor or a third %arty a%%ointed by the creditor /(rticle 77<81. Security Right u%on Land3Mortgage /Hak Tanggungan1 Legal "asis) Law 2o. : of 7CC> on Hak Tanggungan Hak Tanggungan can be %laced on land- land-related fi@tures- and the land including the buildings and fi@tures on that land 5nly %ro ides the creditor with an in jure right which means that there is no immediate occu%ancy right attached to the mortgage $ertificate of Hak Tanggungan ser es as a court order Land title which can be %laced by Hak Tanggungan) Hak Milik /right of ownershi%1& Hak Buna *saha /right to till or right to e@%loit1& Hak Buna "angunan /right to build1& Hak 'akai /right of use1& and Hak Milik atas Satuan Rumah Susun /Strata Title1. I& %,'!' B,#%'#&./ Cro"/ a&' r!at,r! !0#*t!' or to 1! !0#*t!' o& th! %a&' Transfer of Mortgage) In the case that loans are transferred or assigned to other %arties- the Hak Tanggungan secured for the loans are transferred also to the other %arties and should be registered based on the transfer or assignment agreement ,iduciary Security. /,idusia1 ,iduciary is a transfer of the right of ownershi% of a %ro%erty based on trust with the %ro ision that the %ro%erty transferred in still held by the owner of the subject %ro%erty. ,iduciary security is a form of security right o er mo eable %ro%erty either tangible or intangible also o er immo eable %ro%erty in which the fiduciary grantor retains the %ro%erty transferred and it %ro ides the fiduciary grantee with a %riority right o er other creditors. 0I. I2T?L?$T*(L 'R5'?RT6 RIBHT

I' di ided into two categories) Industrial 'ro%erty- which broadly s%eaking %rotects in entions $o%yright- which %rotects literary and artistic works.

PENGATURAN HA2 2E2A3AAN INTELE2TUAL

7. Hak $i%ta /$o%yrights1 - ** 2o. 7C tahun 8DD8 tentang Hak $i%ta

Co"$r#.ht relates to artistic creations- such as books- music- %aintings and scul%tures- films and technology-based works such as com%uter %rograms and electronic databases& and in Indonesia refers to the creation in science /ilmu %engetahuan1- literature /sastra1- and art /seni1. Eorks 'rotected by $o%yright ) "ooks- %am%hlets and other writings& Lectures- addresses- sermons& 0isual aid3tools for educational and science %ur%oses !ramatic or dramatic-musical works& choreogra%hic works and entertainments- %u%%et show- mime& Musical com%ositions with or without words& translations- ada%tationsarrangements of music and other alterations of a literary or artistic work& $inematogra%hic works e@%ressed by a %rocess analogous to cinematogra%hy& Eorks of drawing- %ainting- architecture- scul%ture- engra ing and lithogra%hy& 'hotogra%hic works- e@%ressed by a %rocess analogous to %hotogra%hy& Eorks of a%%lied art& illustrations- ma%s- %lans- sketches and threedimensional works relati e to geogra%hy- to%ogra%hy- architecture or science& $ollections of literary or artistic works such as encyclo%edias and anthologies which constitute intellectual creations The duration of co%yright %ro ided for by national law is as a general rule the life of the author %lus not less than <D years after his death. $o%yrights gi e the holder )

?conomic rights which allow the rights owner to deri e financial reward from the use of his works by others. Moral rights refers to recognition and wholeness of his creations allow the author to take certain actions to %reser e the %ersonal link between himself and the work.

Eorks such as anonymous- %osthumous and cinematogra%hic workswhere it is not %ossible to base duration on the life of an indi idual authoralso set into <D years from the first %ublication /8< years if the %ublisher is a com%any1. 'hotogra%hs are %rotected for 8< years from the first %ublication- and when the holder is already %assed away- the %rotection can be e@tended for 7D years following the heirAs a%%ro al.

8. Hak 'aten /'atent1 - ** 2o. 7: tahun 8DD7 tentang 'aten

'atent is the right granted to an in entor by the Bo ernment which allows the in entor to e@clude anyone else from commercially e@%loiting his in ention for a limited %eriod- generally 8D years. 'atent is gi en by the go ernment to in entor/s1 who found a new in ention in technology. The new solution should be in form of) 'rocess 'roduct Im%ro ement and de elo%ment of %rocess 'erfecting and de elo%ment of %roducts
$onditions of 'atentability

Industrial (%%licability /utility1. The in ention must be of %ractical use- or ca%able of some kind of industrial a%%lication.

 2o elty. It must show some new characteristic that is not known in the body of e@isting knowledge /referred to as %rior art 1 in its technical field. In enti e ste% /non-ob iousness1. It must show an in enti e ste% that could not be deduced by a %erson with a erage knowledge of the technical field. 'atentable subject matter. The in ention must fall within the sco%e of %atentable subject matter as defined by national law& that is- in Indonesia Time limitation) o Including to Indonesian 'atent Law- the rights is gi en for 8D yearsnoted from the date of submission of %atent. Ty%es of License) o ?@clusi e license license holder has the same title as %atent owner o Indi idual license license holder has sole-rights to use the license o 2on-?@clusi e license holder has rights to use the %atent- but %atent owner still ha e right to gi e license to other %arty

9. Hak Merek /Trademark1 - ** 2o. 7< tahun 8DD7 tentang Merek

Is a distincti e sign or indicator used by an indi idual- business organi+ation- or other legal entity to identify that the %roducts or ser ices to consumers with which the trademark a%%ears originate from a uni#ue sourceand to distinguish its %roducts or ser ices from those of other entities. Trademarks can be registered by) Indi iduals Brou% ?ntity Trademark rights can be transferred through inheritance- testament- grant or agreement. The %eriod of %rotection in Indonesia is alid u% to 7D years from the trademark filing- and can be renewed for another 7D year- within >-78 months %rior to the rights termination.

:. Rahasia !agang /Trade Secrets1 - ** 2o. 9D tahun 8DDD tentang Rahasia

!agang Trade Secrets are any information that may be used in the o%eration of a business and that is sufficiently aluable to afford an actual or %otential economic ad antage.

<. !esain Industri /Industrial !esign1 - ** 2o. 97 tahun 8DDD tentang !esain

Industri Industrial !esign is a creation of sha%es- configurations- or com%ositions of lines or colors- or lines and colors& or both- three dimentional or two dimentional- that can gi e an aesthetics im%ressions- and can be manifested in three dimention or two dimention- and can be used to construct %roducts- goods- industrial commodity- or handycraft.

>. !esain Tata Letak Sirkuit Ter%adu /$ircuit Layout1 - ** 2o. 98 tahun 8DDD

tentang !esain Tata Letak Sirkuit Ter%adu

F. 'erlindungan 0arietas Tanaman /'lant 0ariety1 - ** 2o. 8C tahun 8DDD

tentang 'erlindungan 0arietas Tanaman G. A .!o.ra"h# a% #&'# at#o& is a sign used on goods that ha e a s%ecific geogra%hical origin and %ossess #ualities or a re%utation that are due to that %lace of origin. /*ndang-*ndang 2o. 7< Tahun 8DD7 Tentang Merek 'asal <> /711

0II. (LT?R2(TI0? !IS'*T? R?S5L*TI52 Litigation H $ourt Institution 2on-Litigation) (lternati e !is%ute Resolution /$onciliation- 2egotiation- Mediation1 (rbitration