Surya Kusuma, Febrian Indar
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NORMATIVITY IN LEGAL SOCIOLOGY: Methodological Reflection on Law and Regulation in Late Modernity Hermawan, Sapto; Surya Kusuma, Febrian Indar
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.60982

Abstract

Debates on the discussion of the law limits began to emerge along with the development of science. For some circles, interdisciplinary discussions are considered essential because they can complement a mature legal study. This concept also gave rise to legal studies carried out together with other scientific groups such as social sciences. In this context, the combination of the scope of social science and law has contributed to studying the prevailing social conditions by applying the rule of law. The limitations of the extra-legal aspects that appear in the socio-legal study are what then raise and require confirmation to be said as a study that results from the legal study space.
Lex Imperfecta of Language Obligation and Conditioned Contracts Zain, Ilham Muhammad; Surya Kusuma, Febrian Indar
UNISKA LAW REVIEW Vol 6 No 2 (2025): Uniska Law Review
Publisher : Kadiri Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v6i2.8954

Abstract

This study examines the fundamental paradox within the Indonesian legal regime arising from Article 31 paragraph (1) of Law Number 24 of 2009 on the Flag, Language, State Emblem, and National Anthem which mandates the use of the Indonesian language in agreements involving Indonesian parties yet provides no sanction mechanism for its violation. This condition renders the norm a lex imperfecta, a formally existing obligation that lacks coercive force, leaving linguistic sovereignty as an aspiration without real enforcement. The research employs a normative juridical method combining statutory and conceptual approaches, analyzing primary legal materials including the Civil Code, Law Number 24 of 2009, and relevant Supreme Court instruments. This study finds that the absence of sanctions generates two concurrent pathologies: at the theoretical level a normative vacuum undermines legal system coherence, and at the practical level it produces massive judicial disparity in the treatment of foreign language contracts. The institutional response through Supreme Court Circular Letter Number 3 of 2023 which introduces the criterion of bad faith as a threshold for contract cancellation lacks textual grounding in the law itself and constitutes an informal constitutional bypass exceeding judicial authority. This study proposes a legislative reform adopting two complementary frameworks, namely the doctrine of unenforceable contracts which distinguishes between void and suspended agreements, and the concept of Linguistically Conditioned Contracts wherein foreign language agreements remain legally recognized but their enforceability is suspended until language obligations are fulfilled within a court determined deadline. This framework upholds linguistic sovereignty as a valid public norm while preserving civil law certainty as the foundation of modern economic transactions.