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All Journal DE JURE Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta JURNAL HUKUM dan KENOTARIATAN Risalah Hukum International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance IBLAM Law Review International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat RechtIdee Jurnal Hukum dan Pembangunan Asian Journal of Management, Entrepreneurship and Social Science
Djumikasih
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Journal : Warkat

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The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
The Legal Validity of Oral Agreements in Online Arisan Practices: Kekuatan Hukum Perjanjian Tidak Tertulis (Lisan) dalam Arisan Online Widjanarko, Wildan Kristanto; Djumikasih; Nurhayati, Prawatya Ido
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.4

Abstract

This study examines the legal validity of oral agreements in electronic-based arisan practices, commonly known as “online arisan.” The issue arises due to the lack of clear and comprehensive regulations governing online arisan, despite its rapid growth in Indonesia. This regulatory gap has resulted in frequent acts of default by both organizers and participants. Although online arisan is based on contractual agreements between members and organizers, its implementation must also comply with the Electronic Information and Transactions Law (ITE Law), as the activities are carried out electronically. However, because online arisan is a relatively recent development, it has not been fully regulated under the ITE Law. Oral agreements in online arisan remain legally valid, as they meet the essential requirements for a binding contract under the Indonesian Civil Code. This is supported by Article 5(4) of the ITE Law, which affirms that online agreements do not always need to be made in writing. Nevertheless, oral agreements have limitations in evidentiary strength when disputes or breaches of contract arise. This study emphasizes the need for clearer and more detailed legal regulations to ensure legal certainty and protection for both organizers and participants in online arisan practices.
The Principle of Appropriateness as the Basis for Determining Interest Rates in Debt Agreements: Asas Kepatutan Sebagai Dasar Dalam Penetapan Bunga Dalam Perjanjian Utang Piutang Eliza, Rahmi; Djumikasih; Suwardiyati, Rumi
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.3

Abstract

This research raises the issues related to the provisions on interest rates, especially in personal loan agreements, is left to the discretion of the contracting parties based on the principle of freedom of contract. Even though the law provides a framework for regulating interest in agreements to control unreasonable interest practices, it unfortunately does not specify the maximum rate that may be agreed upon. Therefore, the application of the principle of fairness plays an important role in assessing and determining reasonable interest rates by the parties. This research uses normative legal research and employs statutory and case approaches, using primary, secondary, and tertiary legal materials. Legal material search techniques in this study include literature review, website or internet study, and document study, with legal material analysis using systematic interpretations. The results of the study shows that the main factors considered by judges in assessing reasonable interest rates in loan agreements include the agreement of the parties, legal regulations, comparisons with banking practices, principles of fairness and justice, and protection for the weaker party. Currently, there are no regulations governing the maximum interest rate that may be agreed upon in loan agreements outside formal financial institutions. This legal vacuum creates uncertainty and opens the door for the practice of excessively high interest rates that may harm borrowers. The application of the principle of fairness in loan agreements serves as an important legal mechanism to maintain balance, justice, and legal protection for all parties.
Co-Authors Abdul Rachmad Budiono Abdullah, Salman Afifah Kusumadara Ahmad Shoifi Anandita, Azzavira Salsa Ane Fany Novitasari Ane Fany Novitasari Anggita Tridiani Sirait Baiq Tiffani Yunita Budi Santoso Chusnida, Nabilah Dwi Qurbani, Indah Dyah Widhiawati Eliza, Rahmi Elmaila, Izzah Endang Sri Kawuryan FADLI, MOH Faisal Muhammad, Faisal Muhammad Fathul Laila Fathul Laila, Fathul Herlindah Herlindah Hidayat, Fitri I Nyoman Nurjaya I Nyoman Nurjaya Imam Koeswahyono Imam Koeswahyono Imam Koeswahyono Indri Puspitasari, Indri Kusuma Dewi , Amelia Sri Lely Sulthoniah Leony Sutanto, Christanty Liora, Noela Luth, Thohir Made Ardia Manap, Norhoneydayatie Abdul Melati Putri Nusa, Luh Putu Ayu Meilina Miftahus Sholehudin Muhammad Azmi Khoirurrijal Muliani, Alisya Natasha Graciela Hastika Nur Chanifah Nusa, Luh Putu Ayu Meilina Melati Putri Rachmi Sulistyarini Redanti, Maya Rino Arief Rachman Rosyida Tri Yunita Rumi Suwardiyati Samuel Fajar Hotmangara Tua Siahaan Shrimanti Indira Pratiwi Shrimanti Indira Pratiwi Sihabudin SIHABUDIN Suci Risma Deta Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Syaid, Ishma Safira Tata PELITA Thohir Luth Trie Sulistiowarni Widhiawati, Diah Widhiawati, Dyah Widjanarko, Wildan Kristanto Widyanti, Yeni Eta wijaya, Sevi Puri Yenny Eta Widyanti Zees, Rizky Fauzi R