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Journal : Al-Risalah : Jurnal Imu Syariah dan Hukum

Comparative Regulation of E-Commerce Contracts and Consumer Protection in Indonesia and Thailand Pebriani, Rosi; Nurhilmiyah
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.64997

Abstract

The development of electronic commerce (e-commerce) has significantly changed the pattern of buying and selling transactions and has given rise to complex legal implications, particularly regarding the validity of agreements, consumer protection, and dispute resolution mechanisms. This article aims to analyze and compare the legal regulations for online buying and selling in Indonesia and Thailand, as well as to examine efforts to resolve legal issues arising in e-commerce transaction practices in both countries. This research uses a normative legal research method with a statutory and comparative approach. Data were obtained through a literature review of relevant laws and regulations, legal doctrines, and scientific literature. The results of the study indicate that online buying and selling transactions in Indonesia and Thailand are both recognized as valid legal acts as long as they meet the requirements for valid agreements and electronic contract provisions. Indonesia regulates e-commerce through specific sectoral regulations, namely the Electronic Information and Transactions Law and Government Regulation Number 80 of 2019 concerning Commerce Through Electronic Systems, while Thailand integrates e-commerce regulations into the Civil and Commercial Code, the Electronic Transactions Act, and the Consumer Protection Act with a strong emphasis on consumer protection. In dispute resolution, both countries prioritize non-litigation mechanisms, but differ in the role of dominant actors. Indonesia emphasizes the role of e-commerce platforms and the Financial and Transaction Supervisory Agency (BPSK), while Thailand demonstrates more active state involvement. From an Islamic legal perspective, online buying and selling is, in principle, permitted as long as it meets the pillars and conditions of sale and is free from elements of usury, gharar, and fraud. This study emphasizes the importance of strengthening regulations, effective implementation, and increasing digital legal literacy to ensure legal certainty and consumer protection in e-commerce transactions.
The Transition of Indonesian Citizenship to Thai Citizenship from a Civil Law Perspective Kurniawan, M. Teguh; Nurhilmiyah
Al-Risalah VOLUME 26 NO 1, MAY (2026) (IN PRESS
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.64999

Abstract

The transition of citizenship from Indonesian citizenship to Thai citizenship represents a complex legal phenomenon involving the interaction of two different national legal systems with significant consequences in the civil law domain. Citizenship functions not only as a political status but also as a juridical bond that determines an individual’s personal law, legal capacity, property rights, family relations, and inheritance regime. This study aims to analyze the legal procedures governing the relinquishment of Indonesian citizenship and the acquisition of Thai citizenship, as well as to examine the civil law implications arising from such transition from a comparative legal perspective. The research employs normative legal methods with a functional comparative law approach, relying on statutory regulations, legal doctrines, and scholarly literature related to citizenship law, civil law, and private international law in Indonesia and Thailand. The findings indicate that Indonesian law emphasizes the formal and administrative aspects of citizenship loss, while Thai law focuses on selective naturalization requirements and substantive integration. This asymmetry creates potential procedural gaps during the transitional phase that may expose individuals to legal uncertainty and risks of temporary statelessness. Furthermore, the transition of citizenship results in a fundamental transformation of civil legal status, including the loss of nationality-based rights in Indonesia, particularly land ownership rights, and the simultaneous acquisition of full civil rights under Thai law. The study concludes that citizenship transition constitutes a comprehensive legal transformation affecting the entire framework of civil rights and obligations rather than merely a change of nationality. Strengthening procedural synchronization, legal awareness, and cross-border administrative coordination is therefore essential to ensure legal certainty, protection of individual rights, and prevention of statelessness during the citizenship transition process.