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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum International Journal of Social Service and Research
Merry Tjoanda
Universitas Pattimura
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements Merry Tjoanda; Yosia Hetharie; Marselo V.G Pariela; Ronald F. Sopamena
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no1.2195

Abstract

This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.
Reexamining the Legal Framework of the Job Creation Act in Relation to Increased Infrastructure Investment in the Maluku Islands Region Teddy Christianto Leasiwal; Merry Tjoanda; Julista Mustamu
International Journal of Social Service and Research Vol. 6 No. 8 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i8.1465

Abstract

Infrastructure investment is essential for regional economic growth; however, the implementation of Indonesia’s Job Creation Law in archipelagic regions such as Maluku presents legal and regulatory challenges. This study aimed to examine the legal framework governing infrastructure investment under Law Number 6 of 2023 and formulate a more responsive legal reconstruction that accommodates the geographical, ecological, and socio-cultural characteristics of the Maluku Islands. The study employed a normative juridical method using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through literature reviews and analyzed qualitatively through legal interpretation and argumentation. The findings showed that risk-based business licensing, land acquisition, and environmental protection provisions remained oriented toward mainland conditions and inadequately addressed small-island ecosystem vulnerability, regional isolation, customary law, and communal land rights. The Banda Neira Port case demonstrated that these regulatory weaknesses contributed to legal uncertainty, land conflicts, project delays, and environmental risks. The study concluded that legal reform should incorporate an archipelagic ecosystem vulnerability index and a regional isolation index, strengthen customary deliberation mechanisms in land acquisition processes, provide compensation that reflects the social and cultural values of communal land, and require Environmental Impact Assessments (EIAs) for infrastructure projects affecting ecologically sensitive island and coastal areas to ensure equitable development.
Rethinking Consumer Legal Protection in E-Commerce Transactions in Indonesia: Integrating Digital Governance and Regulatory Accountability Shenly Kesaulya; Merry Tjoanda; Teng Berlianty; Rory Jeff Akyuwen
International Journal of Social Service and Research Vol. 6 No. 8 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i8.1469

Abstract

The rapid growth of e-commerce in Indonesia has transformed consumer transactions by increasing accessibility, efficiency, and market connectivity. However, this digital transformation has also generated complex legal challenges, including consumer data protection risks, misleading commercial practices, unclear dispute resolution mechanisms, and limited accountability among digital business actors. This study aimed to examine the effectiveness of consumer legal protection in Indonesian e-commerce transactions and analyze the role of digital governance and regulatory accountability in strengthening consumer rights. A normative juridical approach was employed using statutory, conceptual, and comparative approaches. Data were collected through an analysis of relevant regulations, legal documents, academic literature, and policy frameworks related to consumer protection, electronic transactions, and digital governance. The findings indicated that although Indonesia had established several legal instruments, including the Consumer Protection Law and electronic transaction regulations, the existing framework remained fragmented and faced challenges in enforcement, cross-border transaction supervision, platform responsibility, and consumer dispute resolution. Strengthening digital governance through regulatory coordination, transparency obligations for e-commerce platforms, effective monitoring mechanisms, and enhanced institutional accountability is essential to creating a more responsive consumer protection system. This study concluded that consumer legal protection in Indonesian e-commerce requires a shift from a conventional regulatory approach toward an integrated digital governance model that emphasizes preventive regulation, shared responsibility among stakeholders, and adaptive legal mechanisms. The findings contribute to the development of consumer protection policies by providing a framework for balancing technological innovation, business growth, and consumer rights within the digital economy.
Co-Authors Julista Mustamu Marselo V.G Pariela Ronald F. Sopamena Rory Jeff Akyuwen Shenly Kesaulya Teddy Christianto Leasiwal Teng Berlianty Yosia Hetharie