Commercial Law Sources
Sources of commercial law are places where regulations regarding commercial law can be obtained. Some sources of commercial law are;
Criminal Code (KUHD)
KUHD regulates various engagements related to the development of the company's legal field. As a codified regulation, the KUHD still has shortcomings in which these deficiencies are regulated by other laws and regulations.
Civil Code (Civil Code)
In accordance with article 1 of the KUHD, the Civil Code becomes a source of commercial law as long as the KUHD does not regulate certain matters and certain things are regulated in the Civil Code in particular book III. It can be said that the Civil Code regulates examinations in general or for people in general. Whereas KUHD is more specifically aimed at the interests of traders.
Legislation
Besides KUHD, there are still several other laws and regulations governing commercial law, including;
a) Law No 10 of 1998 concerning Banking
b) Law No. 1 of 1995 concerning Limited Liability Companies (PT)
c) Law No. 7 of 1987 concerning Copyright
d) Law No. 5 of 1999 concerning Business Competition
e) Law No. 8 of 1995 concerning Capital Markets
Habit
Habits that are carried out continuously and uninterruptedly and have been accepted by the community in general and traders in particular, can also be used as a source of law in Commercial Law. This is in accordance with article 1339 of the Civil Code that an agreement is not only binding that is explicitly promised, but is also bound by customs that are in accordance with the agreement. For example about giving commissions, buying and selling in installments, and so on.
Agreement made by the parties
Based on article 1338 of the Civil Code it is stated that agreements made legally apply as a law for those who make them. In this case, the agreement, agreement or agreement plays a role for the parties. For example in article 1477 of the Civil Code which stipulates that as long as there is no other agreement, the handover takes place at the place where the goods are at the time the agreement occurs. For example, delivery of goods is agreed with the FOB (Free On Board) clause, then delivery of goods is carried out when the goods are already on board.
International Agreement
International treaties are held with the aim that regulations on issues of commercial law can be regulated uniformly by each national law of the participating countries that are bound by the international agreement. To be accepted and have binding legal force, the international agreement must be ratified by each country that is bound in the international agreement.
International agreements
A treaty is a bilateral agreement made by two countries only. For example a treaty made by World with America which regulates the granting of copyright protection which was then ratified through Presidential Decree No. 25 of 1989,
Convention is an agreement made by several countries. For example the Paris Convention which regulates brands.