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All Journal Indonesian Journal of Education (INJOE) Jurnal Ekonomi dan Bisnis (Jebi)
Gunawan Widjaja
Senior Lecturer, Faculty of Law Universitas 17 Agustus 1945 Jakarta

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MARRIAGE CONTRACTS IN CIVIL LAW: LEGAL SAFEGUARDS FOR CHILDREN’S EDUCATION COSTS IN THE ERA OF EDUCATIONAL AUTONOMY Gunawan Widjaja
Indonesian Journal of Education (INJOE) Vol. 5 No. 2 (2026): Indonesian Journal of Education (INJOE)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19494716

Abstract

This article analyses marriage contracts under Indonesian civil law as a strategic legal instrument for securing the costs of children’s education in the era of educational autonomy through the Merdeka Curriculum, with two main focuses: (1) the status of marriage contracts under Articles 139–185 of the Civil Code, Article 29 of the Marriage Law, and Constitutional Court Decision No. 69/PUU-XIII/2015, which permits postnuptial agreements; and (2) the potential of specific clauses, such as escrow funds and proportional contributions, to protect children’s rights in accordance with Article 41 of the Marriage Law and Article 9 of the Child Protection Law, in the face of the challenge of variable costs resulting from personalised education. This normative legal research utilises a literature review of legislation, court rulings, and legal literature to conclude that marriage agreements can reduce post-divorce disputes and ensure the continuity of children’s education, in line with Article 31 of the 1945 Constitution and Nadiem Makarim’s ‘Merdeka Belajar’ vision.
TANGGUNG JAWAB HUKUM ALGORITMA AI DALAM TRANSAKSI EKONOMI DIGITAL: ANALISIS YURIDIS TERHADAP WANPRESTASI OTOMATIS DAN PERLINDUNGAN KONSUMEN DI PLATFORM E-COMMERCE Gunawan Widjaja
Jurnal Ekonomi dan Bisnis Vol. 3 No. 11 (2026): Jurnal Ekonomi dan Bisnis (Jebi)
Publisher : CV. Adiba Aisha Amira

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19691363

Abstract

The development of artificial intelligence (AI) in digital economic transactions has given rise to a new legal phenomenon known as ‘automatic breach of contract’, namely the failure to fulfil contractual obligations resulting from algorithmic decisions without direct human intervention. This study aims to analyse the legal liability of AI algorithms in e-commerce transactions and the effectiveness of consumer protection against risks posed by AI-based automated systems. Employing a normative legal research method with a literature review approach, this study analyses Indonesian legislation, legal doctrine, and relevant literature. The findings indicate that legal liability for automatic breach of contract remains with the e-commerce platform operator as the operator of an electronic system under Law No. 19 of 2016 on Information and Electronic Transactions in conjunction with Government Regulation No. 71 of 2019, with the application of the principle of strict liability (strict liability) analogous to Article 1367 of the Civil Code. However, consumer protection remains hampered by a lack of specific regulations regarding algorithmic transparency, evidentiary mechanisms, and the accountability of automated systems, leaving consumers vulnerable to price discrimination, behavioural manipulation, and data privacy breaches. This study recommends comprehensive regulatory updates through amendments to Law No. 8 of 1999 on Consumer Protection or a dedicated AI regulation establishing obligations regarding transparency, independent algorithmic audits, the reversal of the burden of proof, and the strengthening of consumer protection agencies’ capacity to ensure justice and legal certainty within Indonesia’s digital economy ecosystem.
DIGITALISASI SISTEM PEMBAYARAN DAN RISIKO HUKUM AI DALAM DETEKSI FRAUD: KEPASTIAN HUKUM BAGI PELAKU USAHA DAN KONSUMEN DALAM EKONOMI FINANSIAL TEKNOLOGI Gunawan Widjaja
Jurnal Ekonomi dan Bisnis Vol. 3 No. 11 (2026): Jurnal Ekonomi dan Bisnis (Jebi)
Publisher : CV. Adiba Aisha Amira

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19691383

Abstract

The digitisation of payment systems has been a fundamental catalyst in the transformation of Indonesia’s fintech economy, shifting the transaction paradigm from cash-based transactions towards a nationally integrated cashless ecosystem (cashless society). However, the accelerated adoption of this technology presents complex legal risks that have not yet been fully accommodated within the regulatory framework, particularly regarding the use of artificial intelligence (AI) in fraud detection, which has the potential to cause algorithmic bias, detection errors (false positives/negatives), and uncertainty regarding legal liability. This study aims to analyse two main dimensions: first, the digital transformation of payment systems within the fintech economy and its legal implications; second, the legal risks of using AI in fraud detection and its impact on legal certainty for businesses and consumers. The research method employed is normative legal research using a literature review approach (library research), focusing on the analysis of primary, secondary, and tertiary legal materials. The research findings indicate that the absence of specific regulations regarding AI liability creates a legal grey area that is detrimental to both businesses and consumers, hinders innovation, and has the potential to erode public trust in the fintech ecosystem. Legal certainty can only be achieved through regulatory harmonisation that adopts the principle of risk-proportionate oversight, mandatory periodic algorithm audits, the implementation of explainable AI (XAI) standards, and rapid compensation mechanisms for victims of detection errors. This study recommends strengthening the legal framework for AI in the fintech sector through collaboration between regulators, the adoption of international best practices, and the improvement of public digital literacy to ensure that the digital transformation of payment systems proceeds in a sustainable, fair, and beneficial manner for all stakeholders.
REGULASI AI DALAM PASAR MODAL DIGITAL: TANTANGAN HUKUM TERHADAP ALGORITMA TRADING OTOMATIS, MANIPULASI PASAR, DAN PERLINDUNGAN INVESTOR RITEL Gunawan Widjaja
Jurnal Ekonomi dan Bisnis Vol. 3 No. 11 (2026): Jurnal Ekonomi dan Bisnis (Jebi)
Publisher : CV. Adiba Aisha Amira

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19691424

Abstract

The artificial intelligence (AI) revolution has fundamentally transformed the digital capital markets, shifting trading mechanisms from human interaction towards an ecosystem dominated by high-speed automated trading algorithms. However, the integration of this technology presents complex legal challenges that have not yet been accommodated by conventional regulatory frameworks, particularly regarding the accountability of autonomous systems, the detection of algorithmic market manipulation, and the protection of retail investors from structural information asymmetry. This study employs a literature review method with a legal-normative approach to analyse regulatory gaps concerning AI in the Indonesian capital market. The findings reveal that existing provisions in Law No. 8 of 1995 on the Capital Market and OJK regulations are generic; they do not define technical parameters of AI-based manipulation such as spoofing, layering, and quote stuffing, and they obscure the attribution of legal liability in the event of systemic incidents caused by autonomous algorithms. Retail investors, who account for 85 per cent of all investors in the Indonesian capital market, face serious vulnerabilities due to temporal asymmetry, the exploitation of cognitive biases through dark patterns, and the absence of mandatory Explainable AI (XAI) mechanisms. This study recommends the adoption of a risk-based regulation approach that classifies AI systems according to risk level, obligations regarding algorithmic transparency and periodic independent audits, strengthening of supervisory capacity based on Regulatory Technology (RegTech), and cross-jurisdictional regulatory harmonisation to address cross-border manipulation. This comprehensive reform is an absolute prerequisite for establishing fair, accountable, and sustainable AI governance, ensuring that technological innovation does not compromise market integrity and the fundamental rights of retail investors within Indonesia’s digital capital market ecosystem.
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