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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Cepalo Journal of Progressive Law and Legal Studies Jurnal Dinamika Hukum
Muhdar, Muh. Zulkifli
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Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Validity of Click-Wrap and Browse-Wrap Agreements in the Indonesian Agreement Legal System Arief, Anggreany; Muhdar, Muh. Zulkifli
Journal of Progressive Law and Legal Studies Том 3 № 03 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i03.2239

Abstract

The growth of electronic transactions in Indonesia has led to the emergence of various forms of digital agreements, including click-wrap agreements and browse-wrap agreements. Both types of agreements have become common legal instruments on digital platforms; However, their validity within Indonesia's contract law system remains a subject of academic and practical debate. This study aims to analyze the validity of click-wrap agreements and browse-wrap agreements in light of Article 1320 of the Civil Code, Law Number 11 of 2008 on Electronic Information and Transactions (EIT Law) and its amendments, and Law Number 8 of 1999 on Consumer Protection. The research employs a normative legal method using a statute approach and a comparative approach. The findings indicate that click-wrap agreements possess stronger legal force than browse-wrap agreements due to the explicit expression of user consent. Browse-wrap agreements occupy a legally vulnerable position because they do not adequately satisfy the element of mutual consent as required by Article 1320 of the Civil Code. This study recommends the establishment of more specific regulations governing minimum standards for digital agreements in Indonesia to provide legal certainty for businesses and consumers.
Integrating Local Wisdom and Waqf Regulation: Toward an Inclusive Governance Model of Indigenous Land-Waqf in Indonesia and India Salmawati, Salmawati; Muhdar, Muh. Zulkifli; Ezenduka, Uzodinma Yurriens
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no1.4842

Abstract

The integration of local wisdom and waqf practices is a critical issue in the legal and social development of multicultural countries such as Indonesia and India, where Islamic law, state law, and customary law often overlap, creating legal uncertainty, particularly for communal waqf land. Using a normative legal method with statutory and comparative approaches, this study finds that both countries practice legal pluralism: Indonesia excels in formal mechanisms through land certification and communal nadzir, while India demonstrates institutional robustness via the State Waqf Board. Building on these insights, the study proposes a dual-legitimacy governance model that integrates Islamic law, state regulations, and customary norms, emphasizing inclusive governance, customary-based mediation, and distributive justice to ensure both the sustainability of waqf assets and the welfare of indigenous communities.
Global Norms and Constitutional Law in Indonesia and Pakistan Muin, Sri Amlinawaty A; Muhdar, Muh. Zulkifli; Mail, Syed Muhammad Huzaif
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.19162

Abstract

The interaction between international legal norms and national constitutional law has become increasingly complex, particularly in countries with strong ideological and religious foundations. This study aims to analyze the process of legal adaptation of global norms within the constitutional systems of Indonesia and Pakistan and to identify the social, political, and religious factors that influence their legitimacy and effectiveness. This study employs a comparative legal analysis, focusing on constitutional provisions, statutory regulations, and relevant legal doctrines in Indonesia and Pakistan. The findings reveal that Indonesia adopts a dialogical– inclusive model, in which universal human rights values are contextualized through Pancasila and the principle of Divinity as normative filters, whereas Pakistan adopts a defensive–theological model that positions Sharia as the ultimate boundary of legal supremacy over global norms. Social, political, cultural, and religious values play a significant role in determining the degree of legitimacy and the practical effectiveness of international norms within each domestic context. This study concludes that the effectiveness of implementing international norms largely depends on a state’s ability to balance global commitments with the authenticity of its local values.
RECOGNITION OF INDIGENOUS LAND RIGHTS WITHIN THE ENVIRONMENTAL SOCIAL GOVERNANCE (ESG) FRAMEWORK: A LEGAL COMPARATIVE ANALYSIS OF INDONESIA AND THAILAND Muhdar, Muh. Zulkifli; A. Muin, Sri Amlinawaty; Salmawati, Salmawati; Chansrakaeo, Ruetaitip Tungkasamitra
Cepalo Vol 10 No 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v10no1.4841

Abstract

This study offers a comparative analysis of the recognition and protection of indigenous land and natural resource rights within the Environmental, Social, and Governance (ESG) framework in Indonesia and Thailand. Using a normative legal method with statutory and comparative approaches, it examines how national legal and institutional systems integrate indigenous rights and how ESG functions as a mechanism for mitigating agrarian and environmental conflicts. The findings show that Indonesia has a stronger legal basis for recognizing indigenous rights through the 1945 Constitution and Constitutional Court Decision No. 35/PUU-X/2012, but faces inconsistent implementation of the Free, Prior, and Informed Consent (FPIC) principle, while Thailand demonstrates more advanced ESG reporting and transparency yet lacks explicit legal protection for indigenous communities. This study positions ESG as a system of social risk governance and underscores the need for stronger synergy among national law, financial institutions, and indigenous participation to achieve inclusive and equitable ESG implementation in Southeast Asia.
Co-Authors A. Muin, Sri Amlinawaty Arief, Anggreany Chansrakaeo, Ruetaitip Tungkasamitra Ezenduka, Uzodinma Yurriens Mail, Syed Muhammad Huzaif Muin, Sri Amlinawaty A Salmawati Salmawati