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All Journal Jurnal Media Hukum Journal of Information Technology and Computer Science (JOINTECS) Jurnal Hukum Volkgeist Community Development Journal: Jurnal Pengabdian Masyarakat DIPANEGARA KOMPUTER TEKNOLOGI INFORMATIKA (DIPAKOMTI) DIPANEGARA KOMPUTER SISTEM INFORMASI (DIPAKOMSI) International Journal of Social and Education (INJOSEDU) Journal of Law and Nation Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Rauf, Abdul
Universitas Dipa Makassar
Arts Humanities Automotive Engineering Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health

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LEGAL PROTECTION FOR THE WEAKER PARTY IN CIVIL CONTRACTS: A COMPARATIVE ANALYSIS OF INDONESIAN LAW AND INTERNATIONAL PRACTICE Muhammad Yunus Idy; Abdul Rauf
INJOSEDU: International Journal of Social and Education Vol. 3 No. 1 (2026): International Journal of Social and Education (INJOSEDU)
Publisher : Adisam Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19533523

Abstract

Civil contracts, as fundamental instruments in modern legal and economic transactions, are often characterised by an imbalance in bargaining power between the parties, whereby the weaker party (consumers, workers, debtors) is in a vulnerable position and susceptible to contractual exploitation by the stronger party (business operators, employers, creditors). This study aims to analyse legal protection for weaker parties in civil contracts in Indonesia, compare it with international practices, and formulate policy recommendations to strengthen the national legal system. It employs a literature review using a legal-normative and comparative approach. The research findings indicate that Indonesia possesses a fairly comprehensive normative framework through the Civil Code and sectoral legislation; however, its effectiveness is hampered by low legal literacy, weak enforcement, and limited access to justice. Comparative analysis reveals that the European Union, the United States, and the United Kingdom have developed more advanced protection mechanisms, including mandatory protection that cannot be overridden by choice-of-law clauses, collective enforcement through consumer organisations and public authorities, and judicial flexibility to set aside unfair terms through the doctrine of unconscionability and the reasonableness test. This study recommends holistic reforms encompassing the adoption of the principle of mandatory protection, strengthening the powers of the BPSK and OJK for preventive oversight, integrating more flexible doctrines for the courts, simplifying class action mechanisms, and implementing a massive legal literacy programme. Without synergy between robust regulation, consistent enforcement, and community empowerment, legal protection for the vulnerable will remain a normative promise incapable of altering the reality of structural injustice in contractual relationships.
PERAN HUKUM DAN FUNGSI BADAN USAHA MILIK NEGARA (BUMN) DALAM PEREKONOMIAN NASIONAL Abdul Rauf
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims to analyse the legal role and function of State-Owned Enterprises (SOEs) in supporting the national economy in accordance with the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. As state-owned economic entities, SOEs have two main functions, namely legal and economic functions, which are interrelated. The legal function plays a role in structuring, supervising, and managing SOEs to ensure they operate in accordance with the principles of transparency, accountability, and public interest. Meanwhile, the economic function of SOEs is evident in their contribution to gross domestic product (GDP) growth, employment, infrastructure development, and equitable distribution of wealth. This study uses a literature review method with a normative juridical approach based on an analysis of legislation, academic literature, and official government documents. The results of the study show that the success of SOEs in carrying out their functions is highly dependent on the effectiveness of the legal system that regulates them and the consistent application of the principles of good corporate governance. With the support of a strong legal framework, SOEs can optimally function as state economic actors and instruments of equitable and sustainable national development.
Multi-Strategies for Treating the Roots of Corruption Behavior in Indonesia Syafruddin Muhtamar; Abdul Rauf; Hardi Hardi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 9, No 1 (2022): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v9i1.2822

Abstract

Massiveness of corrupt behavior throughout the history of the Republic of Indonesia has had a bad impact on national life and the nation's generation, so it requires comprehensive handling. The purpose of this article is to identify and analyze the root causes of corrupt behavior and determine strategic methods of handling them. The discussion is carried out using a qualitative analysis method, with the support of primary and secondary data. The results of the discussion found that the root of the problem of corrupt behavior is in two influencing factors, namely individual problems and system problems. The individual problem is the loss of awareness of religious values and spiritualism. The system problem is influenced by two factors, namely: civilization dominated by materialism values and the feudal nature of past power. The root of the problem of corrupt behavior can be handled with a multi-strategy approach in the fields of education, culture, politics and law. The fields of education and culture are for the long-term vision and the fields of politics and law for the medium-short-term mission in dealing with the root causes of corrupt behavior. In conclusion, corruption occurs because of weak religious beliefs and individual spiritualism due to the influence of material civilization and feudal character. The replanting of religious and spiritual bases for the nation's generation is very important and forms the basis of a multistrategy approach to dealing with the root causes of corrupt behavior in Indonesia
Co-Authors Andi Irmayana Arini Fitramayanti Asmah Akhriana Asrul Syam Chayant Issan Erwin Erwin Erwin Hardi Hardi Hasriani Hasriani Herlinda Herlinda Husain Husain I Gusti Made Aprianta Nugraha Jufri . M. Yunus Idy Madyana Patasik Marsa Marsa Muh. Syahlan Natsir Muh. Syahrial Darmawan Muhammad Yunus Idy Muhammad Yunus Idy Muhammad Yusril Yusuf Nirwana Nirwana Nurlindasari Tamsir Nurlisa B. Hi Mokhsen Rhonaldo Pararuk Salman, Nur Suryani Suryani Susana Siletty Syafruddin Muhtamar Syafruddin Muhtamar Thabrani R