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Paltiada Saragi
Fakultas Hukum, Universitas Kristen Indonesia, Indonesia
Law, Crime, Criminology & Criminal Justice

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REKONSTRUKSI PERLINDUNGAN HUKUM KONSUMEN ATAS DARK PATTERNS LAYANAN BERLANGGANAN DIGITAL DI INDONESIA Monaliza Kalalembang; Yimmy Octavian Yapri; Riris Siregar; Hendrico Dolok; Paltiada Saragi
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.699

Abstract

The digital economy has transformed consumer access to goods and services via electronic platforms. While enhancing convenience, digitalization introduces manipulative business practices like "dark patterns"—interface designs intentionally crafted to influence user behavior for commercial gain. In digital subscription services, these manifest as auto-renewals, unnotified post-trial charges, pre-selected paid add-ons, and deliberately complex cancellation processes. Using a normative juridical method with statutory, conceptual, and comparative approaches, this study examines dark pattern characteristics, evaluates the adequacy of Indonesian consumer protection law, and proposes a legal reconstruction model. Findings reveal that while Indonesian law provides a foundational framework through accurate information rights, good faith obligations, and standard clause regulations, it lacks explicit provisions targeting manipulative interface design as an unfair commercial practice. Consequently, this study introduces design justice as a new paradigm for digital consumer protection, subjecting digital interfaces directly to legal oversight.
URGENSI PEMBARUAN REGULASI KETERBUKAAN INFORMASI EMITEN DI PASAR MODAL INDONESIA DALAM MENGHADAPI TANTANGAN TATA KELOLA PERUSAHAAN BERBASIS ESG Kadek Jaya Kusumantara; Paltiada Saragi; Monaliza Kalalembang; Deni Firwandi; Huske Dwi Gustian; Poltak Maruli Immanuel; Adolf Fictor
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.701

Abstract

The rapid advancement of Environmental, Social, and Governance (ESG) standards has fundamentally shifted the paradigm of information disclosure across global capital markets, elevating sustainability into a core pillar of market integrity. However, Indonesia’s issuer disclosure regime—governed primarily by Law No. 8 of 1995 on Capital Markets and Financial Services Authority (OJK) Regulation No. 31/POJK.04/2015—remains focused on conventional financial metrics and lacks explicit obligations for ESG disclosures aligned with the ISSB’s IFRS S1 and IFRS S2 standards. This regulatory dissonance creates legal uncertainty and heightens the risk of corporate greenwashing. To address these vulnerabilities, this study critically evaluates the normative gaps separating national capital market regulations from emerging global sustainability benchmarks. Ultimately, it proposes a comprehensive regulatory reform model designed to systematically integrate mandatory ESG disclosure frameworks, thereby enhancing transparency, issuer accountability, and overall financial ecosystem resilience in Indonesia.
TANGGUNG JAWAB HUKUM EMITEN ATAS KETERBUKAAN INFORMASI DALAM PENAWARAN UMUM BERBASIS TEKNOLOGI DIGITAL DI PASAR MODAL INDONESIA Adolf Fictor; Paltiada Saragi; Kadek Jaya Kusumantara; Deni Firwandi; Huske Dwi Gustian; Poltak Maruli Immanuel; Monaliza Kalalembang
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.706

Abstract

The development of digitalization in capital market activities has transformed the public offering mechanism from a conventional pattern to an electronic system that relies on the rapid, broad, and integrated delivery of information. This condition has given rise to the need for certainty regarding issuers’ legal responsibilities in fulfilling the principle of information disclosure to potential investors. This study discusses how issuers’ legal responsibilities for information disclosure in digital technology-based public offerings are regulated and the forms of accountability that can be imposed in the event of a violation of this obligation. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach through a review of primary and secondary legal materials, as well as relevant literature. The results show that issuers’ information disclosure obligations are regulated by Law Number 8 of 1995 concerning Capital Markets and the Financial Services Authority regulations governing public offerings and the delivery of information through electronic means. Issuers are required to provide information that is true, complete, accurate, and not misleading. If information is not provided in accordance with the provisions of this Act, the issuer may be held civilly liable, subject to administrative sanctions, and potentially face criminal consequences in accordance with applicable regulations. The findings also show that the use of digital platforms increases the efficiency of information access but also increases the risk of errors, delays, and electronic data manipulation. It is concluded that consistent implementation of the principle of information transparency is a crucial element in protecting investors, maintaining market integrity, and strengthening public trust in the digital capital market ecosystem in Indonesia.
PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA ATAS PEMUTUSAN HUBUNGAN KERJA AKIBAT KEPAILITAN PERUSAHAAN MENURUT UNDANG-UNDANG KEPAILITAN DAN CIPTA KERJA Rafael Simare Mare; Hulman Panjaitan; Paltiada Saragi
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.710

Abstract

Protection of workers' rights is a fundamental aspect of labor law, which aims to ensure the fulfillment of citizens' constitutional rights to decent work and livelihood. In industrial relations practice, termination of employment due to company bankruptcy is a complex legal issue because it involves various legal interests between workers, employers, curators, and other creditors. Company bankruptcy not only results in the termination of employment but also raises issues regarding workers' rights in the form of wages, severance pay, long service awards, and other outstanding normative rights. This study aims to analyze the legal regulations regarding the protection of workers' rights who experience termination of employment due to company bankruptcy based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to Become Law. This study uses a normative legal research method with a regulatory and contextual approach. The data used is secondary data consisting of primary, secondary, and tertiary legal materials. The results of the study indicate that the Indonesian legal system normatively provides protection for workers as economically disadvantaged parties in industrial relations. This protection is realized through the recognition of workers' rights as preferred creditors and through Constitutional Court Decision No. 67/PUU-XI/2013, which affirms that workers' wages must be paid first over all other types of bills. However, the implementation of this legal protection still faces various obstacles, including limited bankruptcy assets, conflicting norms between labor law and bankruptcy law, and the weak position of workers in the bankruptcy estate settlement process. Therefore, regulatory harmonization and strengthening of legal protection mechanisms are needed to ensure legal certainty, justice, and benefits for workers, which impacts corporate bankruptcy.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KETIDAKSESUAIAN BARANG DENGAN DESKRIPSI DALAM TRANSAKSI E-COMMERCE DI INDONESIA Kian Fung; Poltak Maruli Immanuel; Deni Firwandi; Tonizar Lumbanbatu; Paltiada Saragi
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.714

Abstract

The development of electronic commerce has shifted consumer transactions from conventional markets to digital markets characterized by the absence of physical encounters between the parties and the consumer's dependence on information presented by business actors. This characteristic creates an information asymmetry that places consumers in a weak bargaining position, manifested, among others, in the receipt of goods that do not conform to their description. This study examines two issues: the forms of legal protection available to consumers who receive non-conforming goods in e-commerce transactions, and the construction of business actors' liability for consumer losses. Employing normative legal research with statutory and conceptual approaches, the study finds that legal protection is available preventively through the regulation of the consumer's right to truthful, clear, and honest information together with the obligations and prohibitions imposed on business actors, and repressively through compensation mechanisms and dispute resolution both in and out of court. A product description constitutes part of the contract, so that non-conformity may be construed as a breach of contract, and where misleading information is involved, as an unlawful act. Business actors' liability follows the principle of presumption of liability with a reversed burden of proof, yet remains limited by the principle of balance and the consumer's duty of good faith, rendering such liability proportional rather than absolute.
Co-Authors Adolf Fictor Adolf Fictor Deni Firwandi Deni Firwandi Hendrico Dolok Hulman Panjaitan Huske Dwi Gustian Kadek Jaya Kusumantara Kadek Jaya Kusumantara Kian Fung Monaliza Kalalembang Monaliza Kalalembang Poltak Maruli Immanuel Poltak Maruli Immanuel Rafael Simare Mare Riris Siregar Tonizar Lumbanbatu Yimmy Octavian Yapri