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All Journal JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) MIZAN, Jurnal Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Jurnal Hukum Bisnis Ipso Jure Leges Privatae
Aisyah Aisyah
Universitas Prima Indonesia
Religion Decision Sciences, Operations Research & Management Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal review of the protection of business actors in bankruptcy cases (Decision No. 28 / Rev.Sus-bankruptcy/2017 / PN Jkt.Pst)": Legal review of the protection of business actors in bankruptcy cases (Decision No. 28 / Rev.Sus-bankruptcy/2017 / PN Jkt.Pst)" Aisyah Aisyah; Dedi Yusuf Kristian Gultom; Felim yenson
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5767

Abstract

This study discusses related to consumer protection when business actors are based on the Commercial Court decision decision Number No.28 / Rev.Sus-bankruptcy/2017/PN Pn.Jkt.Pst is caused by not being able to meet its debt obligations in accordance with the terms of bankruptcy under Article 2 Paragraph (1) of Law No. 37 of 2004 concerning bankruptcy and postponement of debt repayment obligations. The purpose of this study to determine the legal remedies that consumers can do and the liability of the company manager if the company is declared bankrupt due to errors or omissions. This research method uses the type of Normative research by using the method of statutory approach (statue approach), in which researchers examine further from the side of the applicable legislation. The method of data collection used is a literature study, analyzing the legal material obtained, which is in accordance with the problem and the purpose of the study. The results showed that bankruptcy brings significant consequences for the debtor, especially in terms of loss of control over its assets and the transfer of responsibility to the curator. This shows the importance of the curator's role in maintaining the value of the bankrupt's assets and protecting the interests of all related parties. We are of the opinion that there is a need for increased understanding and socialization of the rights and obligations of debtors and bankruptcy procedures so that business actors can be better prepared to face difficult situations. In addition, the government needs to consider policies that are more supportive of post-bankruptcy business recovery, so that business actors have the opportunity to bounce back and contribute to the national economy.
Legal Review of the Transfer of Waqf Land Functions for Commercial Purposes Aisyah Aisyah; Syafruddin Syafruddin; Hediyanto Harahap
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/dzvwj632

Abstract

Increasing global awareness of the climate crisis has driven a paradigm shift in development towards a sustainability-oriented green economy. Indonesia, as a party to the Paris Agreement and an implementer of the Sustainable Development Goals, is obliged to integrate sustainability principles into its investment policies. Legal certainty is a key pillar to create a stable and predictable investment climate, especially in long-term sectors such as renewable energy, sustainable natural resource management, and environmentally friendly infrastructure. This research uses normative juridical methods with legislative, conceptual, and comparative approaches, examining Law No. 25 of 2007, Law No. 32 of 2009, as well as international best practices such as the EU Taxonomy and Singapore's Green Finance Action Plan. The results of the study show that even though Indonesia already has a Green Taxonomy, its implementation is still limited, hampered by regulatory disharmony, weak institutional capacity, and the risk of greenwashing. The recommendations included the establishment of a nationally binding green taxonomy, coordination of central-regional policies, competitive legal and fiscal incentives, and firm law enforcement. This effort is expected to strengthen the competitiveness of Indonesia's green investment at the global level while ensuring a balance between economic growth, environmental protection, and social welfare
Legal Liability of Digital Platforms for Default in Electronic Agreements Tommy Aditia Sinulingga; Marienna Magda; Aisyah Aisyah; Ayub Umboyo Susanto
Leges Privatae Vol. 2 No. 5 (2026): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7yv4ny50

Abstract

The development of information technology has driven a fundamental shift in the practice of civil agreements through the use of electronic agreements mediated by digital platforms. These changes not only affect the form of the agreement, but also the structure of legal relations, the bargaining position of the parties, and the pattern of accountability for achievement violations. The phenomenon of default in electronic agreements shows a higher complexity than conventional agreements due to the involvement of technological systems and the dominance of digital platforms in controlling the transaction process. This study aims to analyze the juridical construction of electronic agreements and defaults, examine the legal position and scope of responsibility of digital platforms, and examine the implementation of these liability arrangements in positive Indonesian law. The research method used is normative juridical with a legislative, conceptual, and analytical approach, through the review of Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Government Regulation Number 80 of 2019 concerning Trade Through Electronic Systems. The results of the study show that digital platforms cannot be positioned as neutral intermediaries because they have significant control over the transaction ecosystem. Existing arrangements have not established an integrated liability regime, thus opening up space for legal uncertainty and inequality of protection for users. This research emphasizes the urgency of the normative reconstruction of the legal responsibility of digital platforms oriented towards contractual fairness and proportionate risk distribution
Co-Authors Afrita Afrita Ayub Umboyo Susanto Belinda Nathania Bimbi Naimah Cynthia Phinaldo Dedi Yusuf Kristian Gultom Evelin Wijaya Felim yenson Fendy Fendy Guslihan Dasatjipta Hediyanto Harahap Immanuel Simanjuntak James Ng Marienna Magda Mazmur Septian Rumapea Pohan, Masitah Rika Rahayu Sitompul Samuel Purba Syafruddin Syafruddin Tjipta, Arya Tommy Aditia Sinulingga