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All Journal Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Kajian Hukum Dan Kebijakan Publik
Sri Handayani
Faculty of Law, Universitas Sriwijaya
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Lingkup Penerapan Asas Hakim bersifat Pasif dan Aktif dalam Pembuktian pada Perkara Perdata di Indonesia Alya Nur Kamila; Jundiyah Aqilah Rohmah; Falin Kharisma Alya; Sri Handayani
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/fw4dy055

Abstract

The purpose of this research is to find out and analyze the evidentiary mechanism in Indonesian  civil procedure and the application of the passive and active judge principles within civil adjudication. The study departs from the doctrinal tension between the principles of verhandlungs maxime, dominus litis, and ultra petita partium, which emphasize judicial passivity, and the normative mandates requiring judges to ensure legal certainty (rechtssicherheit), justice (gerechtigkeit), dan usefulness (zweckmassigkeit). The objective of this research is to construct a systematic conceptual reconciliation between judicial passivity in determining the scope of disputes and judicial activism in managing and evaluating the evidentiary process. This research applies a normative juridical method through statutory, conceptual, and principle approaches, analysing the HIR , RBg , Rv, the Civil Code, and Law No. 48 of 2009 on Judicial Power, supported by relevant legal doctrines. The findings show that Indonesian civil procedure is grounded in the pursuit of formal truth under the principle of actori incumbit probatio, whereby judges are bound by the claims and evidence presented by the parties. Nevertheless, judges inevitably exercise an active role in procedural control, evidentiary assessment, and limited fact clarification. The study concludes that judicial passivity and activism function complementarily within a proportional framework to balance legal certainty, justice, and usefulness in civil proceedings.
Resolution of Disputes Regarding Missing Balances without Transactions on the Dana App Alya Deska Safira; Sri Handayani; Helena Primadianti S
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5743

Abstract

The increasing use of digital wallets as a cashless payment method in Indonesia facilitates transactions but also raises legal issues, such as the disappearance of users’ balances without any transactions being made or authorized by the account holders. This phenomenon raises questions regarding the legal liability of app operators, the forms of legal protection available to users, and the effectiveness of existing dispute resolution mechanisms. This study aims to analyze the legal liability of the DANA app operator for user losses, examine legal protections for digital wallet users from a legal theory perspective, and analyze dispute resolution mechanisms for balance losses without transactions based on Indonesian positive law. This study employs a normative legal method using a statutory approach and a conceptual approach through the analysis of primary, secondary, and tertiary legal sources. The results indicate that the DANA app operator bears legal responsibility to ensure the security and reliability of the electronic system and to provide compensation if user losses are proven to be caused by system failure or the operator’s negligence. Legal protection for users has been normatively regulated through the ITE Law, the UUPK, and payment system regulations; however, its implementation has not been fully effective due to ongoing disparities in the burden of proof and the operator’s control over electronic data. This study offers a novel approach by integrating an analysis of the operator’s legal liability, legal protection based on the theories of Satjipto Rahardjo and Philipus M. Hadjon, and the effectiveness of dispute resolution mechanisms into a single study examining cases of lost user balances without any transactions. Thus, it is necessary to strengthen legal protection and dispute resolution mechanisms to ensure legal certainty and justice for digital wallet users.
Co-Authors Alya Deska Safira Alya Nur Kamila Falin Kharisma Alya Helena Primadianti S Jundiyah Aqilah Rohmah