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All Journal JURNAL MERCATORIA Journal of Education, Humaniora and Social Sciences (JEHSS) MIZAN, Jurnal Ilmu Hukum JURNAL ILMIAH ADVOKASI Jurnal Hukum Bisnis Ipso Jure 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 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
Land Registration as an Instrument of Legal Certainty and Legal Protection of Land Rights From The Perspective of Indonesian Agrarian Law Raisha Zahra Amanda; Juli Raya Syahputra; Aisyah Aisyah
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/te29n419

Abstract

Land occupies an important position in Indonesian society because it possesses economic, social, cultural, and legal values. The increasing value of land creates a need for a land administration system capable of providing certainty regarding the subject, object, and legal status of land rights. Law Number 5 of 1960 concerning Basic Agrarian Principles establishes land registration as an instrument for achieving legal certainty. This study aims to analyze the position of land registration within Indonesian agrarian law, the forms of legal certainty and protection generated through land registration, and the relevance of the land registration system in the era of digital land services. This research applies normative legal research using statutory, conceptual, and case approaches. The analysis employs Gustav Radbruch’s theory of legal certainty, Philipus M. Hadjon’s theory of legal protection, and Soerjono Soekanto’s theory of legal effectiveness. The study finds that land registration constitutes an important instrument for ensuring legal certainty and protection; however, a land certificate does not constitute absolute evidence of ownership. Legal certainty can only be achieved when physical data, juridical data, certificate issuance procedures, and actual possession of land correspond with one another. Electronic land registration may improve efficiency and transparency, but it must be supported by accurate data, reliable information systems, and effective protection of lawfully acquired land rights.
Co-Authors Afrita Afrita Ayub Umboyo Susanto Belinda Nathania Bimbi Naimah Cynthia Phinaldo Evelin Wijaya Fendy Fendy Guslihan Dasatjipta Hediyanto Harahap Immanuel Simanjuntak James Ng Juli Raya Syahputra Marienna Magda Mazmur Septian Rumapea Pohan, Masitah Raisha Zahra Amanda Rika Rahayu Sitompul Samuel Purba Syafruddin Syafruddin Tjipta, Arya Tommy Aditia Sinulingga