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Mochtar Kusumaatmadja’s Legal Development Theory as an Epistemological Solution for Indonesian Legal Reform Aisha Mutiara Savitri; Tarsisius Murwadji; Helza Nova Lita; Rahmat Dwi Putranto; Amalina Ahmad Tajudin
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i3.47279

Abstract

The development of Indonesian legal science continues to face the challenge of constructing an epistemological foundation that reconciles legal certainty, social change, national development, public participation, and substantive justice. In this context, Mochtar Kusumaatmadja’s Legal Development Theory remains important because it offers a framework for understanding law not merely as a formal system of rules, but as a means of orderly social transformation. However, the theory has also generated critical debate, particularly regarding its theoretical status, its instrumental character, and its potential to serve as a justification for state-centered development. This article aims to analyze the epistemological foundations of Legal Development Theory and to reassess its position as a conditional epistemological solution for Indonesian legal reform. This research employs a normative legal method, drawing on conceptual, historical, and philosophical approaches. The legal materials are analyzed through conceptual analysis, historical contextualization, critical epistemological interpretation, and comparative theoretical reflection. The findings show that Legal Development Theory is grounded in a pragmatic and contextual epistemology that integrates normative validity, social responsiveness, developmental function, and Indonesian legal values. Nevertheless, this article argues that the theory should not be understood as an unconditional solution. Its relevance depends on whether development-oriented law is controlled by Pancasila, legal certainty, meaningful public participation, substantive justice, constitutional legitimacy, and the plural character of Indonesian society. By placing Legal Development Theory in dialogue with Progressive Law, Bernard Arief Sidharta’s legal thought, and Pancasila-based legal philosophy, this article contributes to Indonesian legal scholarship by reconstructing the theory as a contextual, participatory, and justice-oriented epistemological framework for legal reform.
Information Asymmetry and Fragmentation of Responsibility in Vehicle Insurance Offerings by Sales Agents: Implications for Consumer Protection in Indonesia Hamzah Robbani; Rahmat Dwi Putranto
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 5 (2026): August
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i5.547

Abstract

This study analyzes information asymmetry and fragmentation of responsibility in vehicle insurance offerings by sales agents and their implications for consumer protection in Indonesia. The issue arises from discrepancies between the information provided by sales agents and the actual insurance benefits received by consumers, indicating the presence of information asymmetry in transactions. This research employs a normative juridical method combined with a qualitative approach using a socio-legal design and embedded case study. The findings reveal that information asymmetry has become institutionalized within vehicle sales systems integrating insurance products through financing institutions. Furthermore, the involvement of multiple parties sales agents, dealers, financing companies, and insurance providers creates fragmentation of responsibility, resulting in unclear accountability in consumer protection. From a legal perspective, this condition may constitute a violation of consumer protection obligations, as well as breach of contract or tort under civil law. This study recommends strengthening regulatory frameworks, clarifying stakeholder responsibilities, and establishing effective ethical standards to ensure transparency, fairness, and accountability.