Novia Sartika
Program Studi Hukum Universitas Baiturrahim, Indonesia

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Eksistensi Kekuatan Eksekutorial Bagi Kreditur Pemegang Sertifikat Jaminan Fidusia Dalam Perspektif Kepastian Hukum Di Indonesia Herdiansyah Herdiansyah; M Khodadan Ryan Keano; Novia Sartika
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1392

Abstract

Fiduciary security constitutes one of the proprietary security institutions that plays an important role in supporting financing activities in Indonesia. Under Law Number 42 of 1999 concerning Fiduciary Security, a Fiduciary Security Certificate possesses executorial title having the same legal force as a final and binding court judgment. However, Constitutional Court Decision Number 18/PUU-XVII/2019 and Constitutional Court Decision Number 2/PUU-XIX/2021 have significantly altered the execution mechanism of fiduciary collateral objects. This study aims to analyze the existence of executorial power held by creditors possessing Fiduciary Security Certificates following the Constitutional Court decisions and to examine their implications for legal certainty in Indonesia. This research employs normative legal research using statutory, conceptual, and case approaches. The results indicate that although the executorial title of Fiduciary Security Certificates remains legally recognized, its execution has been restricted through requirements concerning agreement on default and voluntary surrender of collateral by debtors. This condition has shifted the paradigm of fiduciary execution and affected the effectiveness of legal protection for creditors while simultaneously creating legal certainty issues within financing practices. Therefore, regulatory harmonization is required to balance the protection of creditors’ and debtors’ rights in order to realize equitable legal certainty.
Perlindungan Hukum Bagi Konsumen Dalam Transaksi Jual Beli Online (E-Commerce) di Indonesia Novia Sartika; Ananda Fajar Subakhti; Ilham Kurniawan
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1388

Abstract

The rapid development of information technology has significantly accelerated the growth of electronic commerce (e-commerce) in Indonesia. Although e-commerce provides greater convenience in conducting commercial transactions, it also gives rise to various legal issues, including online fraud, breach of contract, misuse of personal data, and discrepancies between the goods or services received and the information provided by sellers. This study aims to analyze the legal framework for consumer protection in e-commerce transactions in Indonesia, examine the enforcement of laws against electronic commerce business operators, and identify the legal protection mechanisms available to users of electronic transactions. This research employs a normative juridical method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively using a descriptive-analytical method. The findings indicate that consumer protection in e-commerce transactions is comprehensively regulated under Law Number 8 of 1999 on Consumer Protection, Law Number 1 of 2024 on Electronic Information and Transactions, along with various implementing regulations. Law enforcement against business actors is carried out through administrative, civil, and criminal legal mechanisms to ensure legal certainty, protect consumer rights, and establish a secure and trustworthy digital trading environment. Nevertheless, the effectiveness of legal protection continues to face several challenges, including the rapid advancement of technology, low levels of public legal literacy, inadequate regulatory oversight, and the complexity of enforcing laws against cross-border business actors.