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All Journal Wacana Hukum Eksplorasi Adi Widya : Jurnal Pengabdian Masyarakat AJAD : Jurnal Pengabdian kepada Masyarakat Batara Wisnu : Indonesian Journal of Community Services Indonesian Journal of Law and Justice Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara
ANGGO DOYOHARJO
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Unfair Contract Terms in the Perspective of Civil Law and Consumer Protection in Indonesia Josef Purwadi Setiodjati; Anggo Doyoharjo; Dora Kusumastuti
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.3046

Abstract

This article aims to analyze the regulation of unfair contract terms from the perspective of civil law and to examine the issues and efforts to strengthen consumer protection in Indonesia. The main issue raised is how the legal construction of unfair clauses in standard contracts and the extent of regulatory effectiveness in protecting consumers from bargaining position imbalances. This research uses a normative juridical method with a legislative and conceptual approach, thru the analysis of the Civil Code, Law Number 8 of 1999 on Consumer Protection, as well as related regulations such as the Electronic Information and Transactions Law and the Personal Data Protection Law. The research results show that although Indonesian positive law has imposed restrictions on standard clauses that harm consumers, particularly thru Article 18 of the Consumer Protection Law, the practice of unfair contract terms still prevails due to weak law enforcement, low consumer literacy, and the dominance of business actors in contract drafting. Therefore, it is necessary to strengthen consumer protection thru regulatory harmonization, increased effectiveness of supervision and law enforcement, as well as the development of transparent and fair contracts. Thus, consumer protection is not only formal but also capable of ensuring substantive justice in contractual relationships
Optimization of the Role of Lawyers in Debt Restructuring and PKPU in Indonesia: A Juridical Study on the Protection of Debtors and Creditors Vidya Ayuningtyas; Clarisa Clarisa; Novita Rahmawati; Albertus Satrio; Kristanta Kristanta; Luthfian Hananta; Anggo Doyoharjo
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 2 (2026): April: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i2.3064

Abstract

Debt restructuring and Suspension of Debt Payment Obligations (PKPU) are legal instruments in the Indonesian bankruptcy system aimed at providing legal protection and maintaining a balance of interests between debtors and creditors. In practice, the PKPU process is not only related to the settlement of debts but also involves business continuity, legal certainty, and the stability of the business world. This research aims to analyze the position and optimization of the role of advocates in debt restructuring and the PKPU process in Indonesia, as well as to examine their role in providing legal protection for both debtors and creditors. The research uses a normative juridical method with a legislative and conceptual approach thru the analysis of Law Number 37 of 2004 concerning Bankruptcy and PKPU, Law Number 18 of 2003 concerning Advocates, the Civil Code, as well as various regulations related to the resolution of commercial disputes. The research results show that lawyers hold a strategic position not only as legal representatives in Commercial Courts but also as legal advisors, negotiators, and debt restructuring facilitators who play a role in maintaining the balance of legal protection for the parties involved. The optimization of the role of lawyers is necessary thru the strengthening of professionalism, integrity, business competence, and a business rescue approach so that the PKPU and bankruptcy processes are not misused as tools of business pressure, but rather become means of fair, effective, and legally certain commercial dispute resolution.
Co-Authors Albertus Satrio Clarisa Clarisa Dahlia Dahlia Dahlia Dahlia Dora Kusumastuti Dora Kusumastuti FX Hastowo Broto Laksito Josef Purwadi Setiodjati Kesya Zhalibina Sunarto Kristanta Kristanta Luthfian Hananta Novita Rahmawati Probosambodo, Yokhebed Arumdika Vidya Ayuningtyas Yokhebed Arumdika Probosambodo Yuliana, Risma