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All Journal Jurnal Akta
Achmad Jumeri Pamungkas
Universitas Prima Indonesia
Law, Crime, Criminology & Criminal Justice

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Reconstruction of the Limits of Exoneration Clauses in E-Commerce Transactions to Strengthen Consumer Protection Based on Contractual Justice Esther Masri; Otih Handayani; Ni Luh Gede Astariyani; Farikh Hakimi Jordan; Achmad Jumeri Pamungkas
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.51953

Abstract

Advances in information technology have impacted all business activities, significantly contributing to the world of information and electronic transactions. Electronic buying and selling transactions on electronic commerce (e-commerce) platforms have transformed the legal relationship between businesses and consumers, enabling them to be carried out easily, quickly, and efficiently. In practice, these relationships are often outlined in standard agreements containing exoneration clauses, which limit, transfer, or eliminate the business actor's liability for losses suffered by consumers. This places consumers in an unequal bargaining position, which contradicts the principle of consumer protection. This study aims to analyze the regulation of exoneration clauses in the Indonesian legal system and reconstruct the limits of their use in electronic buying and selling transactions on e-commerce platforms based on the principle of contractual justice to strengthen consumer protection. This study is a normative legal study with a statutory and conceptual approach. The legal sources include primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The results indicate that existing regulations do not yet provide clear parameters for distinguishing between reasonable limitations of liability and absolute transfers of responsibility. The proposed reforms include a comprehensive ban on shifting responsibility, strengthening oversight mechanisms, and revoking clauses detrimental to consumers. This reform is expected to create a balance between business interests and consumer rights in e-commerce.
Legal Analysis of Patient and Family Consent as a Form of Agreement in the Implementation of Medical Procedures in Hospitals Muhammad Purnomo; Rusnoto Rusnoto; Achmad Jumeri Pamungkas
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.52333

Abstract

Patient and family decision-making regarding medical procedures is a crucial process in health care that requires conscious and voluntary consent, known asinformed consentThis process is influenced by various multidimensional factors that are not yet fully understood, especially in private hospitals in Central Java. Objective:This study aims to identify and analyze factors that influence patient and/or family decision-making regarding medical procedures performed by doctors. Method: This quantitative research uses an approachanalytical descriptivewith designcross-sectional.A sample of 120 respondents was selected using the techniquepurposive samplingfrom six private hospitals in Kudus, Demak, and Jepara Regencies. Data were collected using a structured questionnaire that had been tested for validity and reliability, and analyzed using a multivariate analysis.Pearson Correlation And simple linear regression. Results:There is a significant relationship between knowledge (r=0.304; p=0.001), psychological (r=0.323; p=0.001), cultural-religious (r=0.336; p=0.001), economic conditions (r=0.925; p=0.001), and trust in medical personnel (r=0.334; p=0.001) factors with medical decision-making. Multivariate analysis shows thateconomic conditionsis the most dominant factor influencing patient decisions (R²=0.864; p=0.001).Conclusion:Patient and family decision-making regarding medical procedures is influenced by various factors, primarily economic conditions, followed by cultural-religious and psychological aspects. Interventions that strengthen psychological support, are sensitive to cultural values, and improve financial access are key to improving the process.informed consentwhich is more effective.
Co-Authors Farikh Hakimi Jordan Masri, Esther Muhammad Purnomo Ni Luh Gede Astariyani Otih Handayani Rusnoto Rusnoto