Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
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All Journal International Journal of Science and Environment
Ahluddin Saiful Ahmad
Faculty of Law, Esa Unggul University, Jakarta, Indonesia
Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Mathematics Physics

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Analysis of The Principle of Fairness on The Validity of Consumer Consent in Telemarketing Agreements in The Banking Sector in Indonesia Ahluddin Saiful Ahmad; Yuniar Pamadya Astuti
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.349

Abstract

This study examines the validity of consumer consent in banking telemarketing agreements through the approach of fairness theory and modern contract law doctrine. The analysis shows that telemarketing communication patterns create an information imbalance that affects the quality of verbal consent, so that the elements of agreement as stated in Article 1320 of the Civil Code are not substantively formed. This study also confirms that not providing consumers with copies of recorded conversations or written contracts weakens the evidence, reduces the effectiveness of the cooling-off mechanism, and contradicts the principles of consumer protection in the Consumer Protection Law (UUPK), the Electronic Information and Transactions Law (UU ITE), and POJK 6/2022. This study proposes the obligation to provide recordings, written contracts, and supporting documents as a mechanism to restore balance and ensure fairness in the formation of telemarketing agreements.
The Urgency of Establishing AI Regulations to Ensure Legal Certainty and AI Ethics in Responding to Challenges Digitalization in Indonesia Ahluddin Saiful Ahmad; Kamelia Hana Santoso
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.353

Abstract

The rapid development of artificial intelligence (AI) technology in Indonesia has had a significant impact on various aspects of life, including the legal realm and the protection of individual rights. Phenomena such as deepfakes and generative AI, as seen in the case of the "Polaroid Gemini AI Trend," demonstrate the weak legal protection of privacy and personal image due to the absence of regulations specifically governing the use and responsibilities for AI. This study uses a normative juridical approach with a literature review and descriptive-analytical analysis method to assess the effectiveness of current regulations, such as the ITE Law and the PDP Law, and examines the urgency of establishing specific regulations regarding artificial intelligence. The results show that both laws are unable to accommodate the complexity of AI, particularly regarding legal accountability for automatically generated digital content. Therefore, the establishment of specific regulations based on Luciano Floridi's digital ethics theory and UNESCO's AI Ethics, which emphasize the principles of transparency, justice, accountability, and respect for human rights, is needed. These regulations are expected to create adaptive legal certainty and realize ethical, equitable, and sustainable AI governance in Indonesia.
Co-Authors Kamelia Hana Santoso Yuniar Pamadya Astuti