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All Journal Jurnal Ilmu Hukum KYADIREN LEGAL BRIEF
Ariy Khaerudin
Universitas Islam Batik Surakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Abuse of Circumstances as Grounds for Cancellation of Transfer of Rights (Study of Decision Number 186/Pdt.G/2024/Pn Skt) Anya Diyang Roseandi Dewi; Ariy Khaerudin; Femmy Silaswati Faried
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1494

Abstract

This research examines the application of the concept of undue influence (misbruik van omstandigheden) as an indication for the cancellation of the transfer of rights in Indonesian civil law, specifically through an analysis of Surakarta District Court Decision Number 186/Pdt.G/2024/Pn Skt. Although not explicitly regulated in Indonesian Civil Code, this concept has gained judicial recognition through court decisions and jurisprudence. Undue influence occurs when an agreement is formed under conditions of disparity, where one party takes advantages of the economic or psychological weakness of the other party to obtain unfair benefits. This research uses a normative legal research method with a conceptual approach, examining secondary data through a literature study consisting of primary, secondary, and tertiary legal materials. The data analysis was conducted qualitatively through the stages of data reduction, data representation, and conclusion making. The result of the study show that the concept of undue influence is applied in Indonesian civil law based on open contract law system, the principles of freedom of contract and good faith, as well as the doctrine of unlawful acts. In decision number 186/Pdt.G/2024/Pn Skt, the judges identified five elements of undue influence, including circumstances that weaken the position of the plaintiffs, an unequal power relationship, exploitation of the circumstances by the defendant, lack of freedom of will, and conflict with decency, justice, and humanity.
Criminal Liability of Parents for Economic Exploitation of Children Laverda Daffa Marva Ria; Ariy Khaerudin; Femmy Silaswati Farried
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1496

Abstract

The economic exploitation of children by parents reflects social inequalities and weak legal protections for vulnerable groups in Indonesia, exacerbated by poverty, low education levels, and inadequate state oversight in the informal sector. This study aims to analyze the criminal liability of parents for the economic exploitation of children based on Indonesian positive law, including the Child Protection Law and the Criminal Code (KUHP 1946 and KUHP 2023), as well as identify gaps between legal norms and their implementation. The research employs a normative juridical approach with a statutory approach, utilizing secondary legal materials such as laws, doctrines, and relevant literature, analyzed through qualitative-descriptive methods. The results indicate that regulations prohibiting the economic exploitation of children align with the principles of child protection in Indonesia's legal system, which is vertically harmonious from the Constitution to sectoral regulations, and consistent with international instruments like the CRC and ILO Conventions. However, the criminal liability of parents is strongly based on the Child Protection Law (Articles 76I and 88) and Criminal Code provisions on participation, with theories such as strict liability and vicarious liability applicable. Despite a strong normative framework, law enforcement is hindered by low legal awareness, permissive culture, and narrow interpretations of exploitation. In conclusion, although legal norms effectively criminalize exploitation by parents, practical implementation requires stricter enforcement, consistent interpretations prioritizing the best interests of the child, and social policies to address root causes, to ensure substantive child protection
Legal Certainty for Digital Investors Through the Reconstruction of SupTech Based on Electronic System Reliability Michael Lauvino; Ismiyanto Ismiyanto; Ariy Khaerudin
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.494

Abstract

Digital transformation has significantly increased the number of retail investors in Indonesia while simultaneously amplifying the risk of financial losses resulting from failures in digital investment service systems. However, the existing legal framework has not yet established adequate standards for ensuring the reliability of electronic systems. This study aims to analyze the regulatory framework governing cybersecurity and the financial services sector in providing legal protection for retail investors and to formulate a supervisory reconstruction model for the Financial Services Authority through the adoption of Electronic-Based Government System (SPBE) principles as the foundation for the development of Supervisory Technology (SupTech). This research employs a normative legal method using statutory, conceptual, analytical, and comparative approaches. The findings reveal regulatory gaps concerning electronic system reliability standards, parameters for determining system failures, and the allocation of liability among digital investment service providers. This study proposes a SupTech-based supervisory model that strengthens legal certainty, enhances preventive legal protection for retail investors, and promotes more accountable, transparent, and resilient digital investment governance.
Co-Authors Anya Diyang Roseandi Dewi Femmy Silaswati Faried Femmy Silaswati Farried Ismiyanto Ismiyanto Laverda Daffa Marva Ria Michael Lauvino