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Enhancing Consumer Protection in Electronic Transactions in Indonesia Zaidah Nur Rosidah; Lego Karjoko
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3942.pp194-207

Abstract

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective.
The Implementation of Agrarian Reform for Achieving Food Security: Lessons from West Jawa Ida Nurlinda; Lego Karjoko; Farida Patittingi; An Nissa Ayu Mutia
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5408

Abstract

Land tenure and ownership in Indonesia are marked by two interrelated structural problems: limited land availability to meet development needs and the concentration of land ownership in the hands of a small group of individuals or business entities. This concentration restricts access to land for much of the population, particularly marginal farming communities whose livelihoods depend on land cultivation. Accordingly, agrarian reform is necessary to restructure land tenure, ownership, use, and utilisation in a more equitable and sustainable manner. West Java Province, as Indonesia’s most densely populated region, faces acute challenges due to limited state land availability and a high proportion of low-income residents. In this context, agrarian reform must be treated as a development priority. This article examines agrarian reform as a regulatory and social engineering instrument aimed at achieving national development objectives, particularly food self-sufficiency and poverty alleviation, using West Java Province as a case study. The findings demonstrate that although agrarian reform in West Java has been relatively well planned and implemented, its effectiveness is constrained by insufficient budgetary support and limited involvement of Regional Government Agencies (Organisasi Perangkat Daerah/OPD), especially in the execution of access reform programmes such as economic empowerment initiatives for agrarian reform beneficiaries. The study argues that stronger institutional coordination and enhanced collaboration among OPD are essential to improve access reform and to realise food security as a central objective of agrarian reform.
PHILOSOPHICAL AND CONSTITUTIONAL CRITIQUE OF THE NEGATIVE PUBLICATION SYSTEM IN INDONESIAN LAND REGISTRATION Abdul Wahid; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
Diponegoro Law Review Vol 11, No 1 (2026): Diponegoro Law Review April 2026
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.11.1.2026.1-23

Abstract

This study analyzes Indonesia’s land registration system from a constitutional and philosophical perspective, focusing on the persistence of the negative publication system and its implications for legal certainty and social justice. By tracing the colonial genealogy of cadastral administration, the study demonstrates that land registration in Indonesia originated as a fiscal and declaratory instrument serving colonial state interests rather than as a mechanism for guaranteeing definitive land rights. This legacy continues to shape contemporary land administration, where registration records ownership claims without conferring final legal force, thereby institutionalizing systemic legal uncertainty. Using prescriptive doctrinal (normative) legal research, this study examines the 1945 Constitution, the Basic Agrarian Law (UUPA), and the regulatory framework governing land registration, supported by legal and philosophical scholarship. The analysis reveals a normative paradox within Article 19 of the UUPA: although land registration is mandated to ensure legal certainty, the negative publication system leaves land certificates perpetually vulnerable to ex post judicial annulment. As administrative decisions (beschikkingen), certificates possess formal validity but lack material finality, reducing legal certainty to conditional legality. The study further finds that the limited positive elements introduced by Government Regulation No. 24 of 1997, particularly Article 32(2), the principle of openness, and the doctrine of rechtverwerking, function only as conditional safeguards and fail to ensure legal finality in practice. From a constitutional standpoint, this system is incompatible with Articles 28D(1) and 33(3) of the 1945 Constitution and with the Pancasila principle of social justice. The novelty of this research lies in its integrated constitutional philosophical critique, which justifies reconstructing Indonesia’s land registration system toward a positive publication model as a constitutional necessity to restore legal certainty, protect citizens’ land rights, and strengthen public trust in land administration.
How to Resolve Land Ownership Conflicts Involving Government Assets in Indonesia Ravi Danendra; Lego Karjoko; Hilaire Tegnan
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.299

Abstract

This research examines the role of political leadership in shaping land tenure policy and community resistance in Bong Mojo, Surakarta, where a conflict emerged between the Surakarta City Government as the legal holder of land rights and local residents who claimed long term occupation. The research aims to analyze the influence of political leadership on land conflict resolution and to explain how local cultural values reshape the interpretation of land rights. This study applies a sociolegal approach by combining decolonial legal theory, critical legal studies, and critical discourse analysis. The research uses statutory materials, policy documents, field observations, and in-depth interviews with government officials and community representatives to examine the interaction between formal legal institutions and community-based land practices.  The findings reveal three principal approaches to resolving land ownership conflicts involving government assets in Indonesia. First, effective conflict resolution requires balancing legal certainty with substantive justice by recognizing the state's authority over public assets while considering the historical occupation, social dependence, and legitimate interests of local communities. Second, participatory governance through dialogue, negotiation, and collaboration among government institutions, affected communities, and other stakeholders provides a more sustainable mechanism for resolving disputes than relying exclusively on formal legal enforcement. Third, integrating statutory land law with local wisdom and the social function of land creates an equitable land governance model that strengthens public trust, protects government assets, promotes social justice, and prevents recurring land conflicts. These findings demonstrate that sustainable land conflict resolution depends on combining legal, institutional, and socio-cultural approaches within a comprehensive governance framework.
Optimizing The Recovery of State Loss Assets Through an AdministrativeCompensation Mechanism Supriyonohadi Supriyonohadi; Lego Karjoko; Waluyo Waluyo
Asian Journal of Social and Humanities Vol. 4 No. 9 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i9.728

Abstract

The settlement of losses in criminal justice proceedings may, in theory, serve as an ultimum remedium capable of delivering a sense of justice, legal certainty, and benefits to society and the state. Nevertheless, the regulatory framework in the field of state finance also provides law-enforcement instruments within the domain of public financial law, particularly an administrative compensation mechanism that can optimize the recovery of state losses alongside criminal sanctions. Based on data from the Audit Board of Indonesia (BPK) Semester II 2025 Summary of Audit Results, state losses were recorded at IDR 71.57 trillion, while the Corruption Eradication Commission (KPK) recovered only IDR 2.54 trillion over the 2020-2024 period, and the Attorney General's Office recovered IDR 24.72 billion in 2025, indicating a significant recovery gap. The research method employed was normative legal research, based on a literature review of theories and regulations in the fields of state financial law and administrative law. This study finds that the administrative compensation mechanism offers five advantages over criminal proceedings: final and binding decisions (reducing lengthy litigation), liability extended to heirs (maximizing recovery), no subsidiary custodial substitution (unlike criminal judgments), responsible parties remain productive (able to earn income for repayment), and criminal verdicts do not eliminate administrative claim authority. When properly implemented, this administrative compensation mechanism can enhance the recovery of state losses.
PROMOTING EFFECTIVE COMPLIANCE IN CIVIL SERVICE DISPUTE JUDGMENTS: A Cross-Jurisdictional Study Nasrullah Nasrullah; I Gusti Ayu Ketut Rachmi; Lego Karjoko; King Faisal Sulaiman; Nurul Satria Abdi; Muhammad Arya Ansar
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2084

Abstract

Despite the final and binding nature of Administrative Court (PTUN) decisions in Indonesia, their enforcement remains critically low, particularly in civil service disputes. Data indicate that only about 2% of 16,484 PTUN rulings with permanent legal force were voluntarily implemented by administrative officials between 2012 and May 2025. This research employed a normative legal method combined with statutory, case, and comparative approaches to examine the systemic barriers to execution. The findings demonstrated that the ineffectiveness of PTUN decision enforcement arose, in abstracto, from regulatory ambiguity regarding execution mechanisms and institutional authority, and, in concreto, from a low-compliance culture among administrative officials. In contrast, Thailand recorded an execution rate of approximately 92% in civil service disputes, supported by clear coercive powers and contempt-of-court sanctions, while Germany achieved high compliance through integrated legal frameworks and independent supervisory institutions. This study has advocated reforming Indonesia’s PTUN system by granting the Head of the Administrative Court supervisory and enforcement powers and introducing a civil contempt mechanism to enhance compliance, bolster judicial efficacy, and advance administrative justice in judgments on civil service disputes.
Legal Protection of The Subdivision of Freehold Title Certificates (Shm) as The Basis For Consumer Rights In Sale and Purchase Binding Agreements (PPJB) For Housing Transactions Era Fortuna Istanlama; Lego Karjoko; Hari Purwadi
International Journal of Science and Environment (IJSE) Vol. 6 No. 2 (2026): May 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.v6i2.729

Abstract

Currently, the demand for residential housing is very high. Therefore, the government permits the transfer of land rights based on a Sale and Purchase Binding Agreement (PPJB), provided that certain requirements are met. One of the requirements is that the agreement must be executed before an authorized Notary, the housing development must have reached at least 20% construction progress, and the developer must have obtained a building permit issued by the relevant government authority. This study aims to examine the legal protection concerning the implementation of the subdivision of Freehold Title Certificates (Hak Milik) as a basis for consumer protection under the Sale and Purchase Binding Agreement (PPJB) in housing transactions. It also analyzes the legal framework governing liability in relation to such legal protection. This research employs a normative legal research method. The legal materials used consist of two types, namely primary and secondary legal materials. The legal materials were collected through library research, while the approaches adopted in this study are the statutory approach and the conceptual case approach. The results of the study indicate that consumers obtain legal protection in a PPJB once they have fully paid the purchase price and the PPJB has been executed before a Notary. Furthermore, if the developer breaches the PPJB, legal protection for consumers may initially be pursued through deliberation to reach a mutual agreement. If no agreement can be reached, consumers may file a lawsuit before the general courts or, alternatively, resolve the dispute through out-of-court mechanisms, which are generally conducted through arbitration.
The Legal Consequences of Nominee Arrangements under the Basic Agrarian Law and Supreme Court Circular Number 10 of 2020, along with the Roles of Notary in Minimizing the Creation of Nominee Arrangement Deeds Fitria Rahmawati; Albertus Sentot Sudarwanto; Lego Karjoko
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1557

Abstract

This study examines the differences in the legal consequences of nominee arrangement in the Basic Law of Agaria and the Supreme Court Circular Number 10 of 2020 which will be viewed from the perspective of certainty and justice. The deed of nominee arrangement cannot be separated from the notary since only a notary can formulate it in the form of an authentic deed, so the author also examines the notary's role in minimizing the making of a deed of nominee arrangement. This research is normative and evaluative and uses primary and secondary legal materials. The technique of collecting legal materials uses the library study technique, and the technique of analyzing legal materials uses the deductive syllogism method. The study results show that the Basic Law of Agaria provides more justice and legal certainty than the Supreme Court Circular, so the rules on nominee arrangement in the Supreme Court Circular shouldn’t be enforced. The role of notary in minimizing the rampant nominee arrangement cannot be separated from the support and role of the Notary Supervisory Board to guide a preventive and repressive effort to strengthen a notary's morals and integrity patterns. Furthermore, this writing hopes that the Supreme Court revokes the rules relating to nominee arrangement. Another hope is that notary can actively prioritize their moral integrity to provide legal counseling and reject the creation of deeds containing nominee arrangement.
Land Policy Reconstruction from the Notary Authority Perspective: Optimization Efforts for Electronic Land Registration System Intan Hanisa; I Gusti Ketut Ayu Rachmi Handayani; Lego Karjoko
Greenation International Journal of Law and Social Sciences Vol. 2 No. 4 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i4.304

Abstract

This research examines the urgency of reconstructing land policy in the context of digital transformation of the land registration system, focusing on the expansion of notary authority. Using a normative juridical research method with conceptual and statutory approaches, this study analyzes the transformation from conventional to electronic land registration systems. The results indicate that optimizing the electronic land registration system requires three main pillars: adequate technological infrastructure, a comprehensive legal framework, and human resource capacity development. The implementation of electronic systems has proven to increase time efficiency by 60% and reduce operational costs by 40%. The role of notaries has undergone significant expansion, including authority for electronic document verification and digital signature validation. The optimization model developed includes land database integration, digital verification systems, and artificial intelligence-based monitoring mechanisms. The implications of this research provide theoretical and practical foundations for land policy reform that is adaptive to digital technology developments.
Position of “Land Information Letter” as Evidence of Land Ownership Rights in Land Registration Regulations Clarisa Mutia Huda; Lego Karjoko; Isharyanto Isharyanto
Greenation International Journal of Law and Social Sciences Vol. 2 No. 4 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i4.322

Abstract

"Land Information Letter" once played an important role in land registration, but their issuance often caused problems such as overlapping and lack of understanding by village heads regarding the legal basis for their issuance. The government continues to strive to improve the land registration system, one of which is by revising Government Regulation Number 24 of 1997 to Government Regulation Number 18 of 2021.This research is a Doctrinal/normative research that adopts a statutory approach to analyze Land Information Letter. The data used are secondary data in the form of primary legal materials, secondary legal materials, and non-legal materials. Based on an in-depth analysis of the position of the “Land Information Letter” as proof of land ownership in the context of land registration in Indonesia, it can be concluded that the “Land Information Letter” does not provide a strong guarantee of legal certainty regarding land ownership. Government Regulation Number 18 of 2021, which changes the function of the “Land Certificate” to merely instructions in the land registration process, is expected to encourage the public to immediately take care of land registration and obtain stronger land title certificates. However, the implementation of this regulation needs to be carried out carefully and pay attention to the rights of vulnerable communities, as well as ensuring that they get sufficient understanding and information regarding changes in land registration regulations.
Co-Authors Abdul Kadir Jaelani Abdul Wahid Adi Sulistiyono Aida Fatma Airlangga Surya Nagara Albertus Sentot Sudarwanto Albertus Sentot Sudarwanto Aldo Putra Yudhistira Alvin Devote Azaria Ardana Amalia Nurul Hanifah Amien Fajar Khuzaeni An Nissa Ayu Mutia Andi adinda Asty Maharaja Anis H Bajrektarevic Anita Zulfiani Annisa Fianni Sisma Annisa Hartami Anti Mayastuti Anurat Anantanatorn Arifin Ma’aruf Aristo Lanang Langgeng Asmoro Arvin Asta Nugraha Asih Wastuti Asih Wastuti Bambang Manumayoso Bima Setya Aji Clarisa Mutia Huda Dian Furqani Tenrilawa Diana Tantri Cahyaningsih Ditya Metta Ayu Fernanda Dyah Ayu Sri Wilujeng Eka Rismawati Elin Setiawati Era Fortuna Istanlama Farida Patittingi Fatma Ulfatun Najicha Fatma Ulfatun Najicha Fatma Ulfatun Najicha Fitria Rahmawati Hari Purwadi Hayat, Muhammad Jihadul Hendra Wasaraka Henning Glaser Henning Glaser Hilaire Tegnan Hilaire Tegnan I Gusti Ayu Ketut Rachmi I Gusti Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rahmi Handayani I Gusti Ketut Rachmi Handayani Ida Nurlinda Intan Hanisa Intan Hanisa Irene Vera Purba Isharyanto Isharyanto Jaco Barkhuizen Jaco Barkhuizen Jadmiko Anom Husudo Jaelani, Abdul Kadir Jalu Ario Setyo Utomo Jelang Fajar Putra Perdana Jonathan Chandra Suryajaya Josephine Santosa King Faisal Sulaiman Lucky Putri Selomitha M. Hudi Asrori S. Mawar Mumtaza MG. Thesa Deta Murbasari Mohd Rizal Palil Muhammad Arya Ansar Muhammad Reza Fadhil Pratama Muhammad Rizky Akbar Ismail Muhammad Yusrizal Nabila Rahma Safitri Nadila Maysila Herdarezki Nasrullah Nasrullah Ninna Ghonia Noventasya Nidya Megasafitri Nurul Satria Abdi Obed Robbani ponco Edi ahmad ponco Praninditya Estri Fauzia Rachma Indriyani Raden Rara Mutiara Wijaya Rahayu Subekti Ravi Danendra Ravi Danendra Reza Amirul Hatman Rizky Adi Nugraha Rizqiaranti Salsabila Robby Bagus Indrawan Rosita Chandrakirana Sapto Hermawan Sapto Hermawan Shania Lorusso Silvester Anang Prananto Timur Supriyonohadi Supriyonohadi Virtha Dwi Oktavianny Lomboan Waluyo Waluyo Waluyo Waluyo Willy Naresta Hanum Willy Naresta Hanum Yazid Fatoni Yolva Febreight Arthania Yudistira Yudistira Yuniar Sabdaningtyas Zaidah Nur Rosidah