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Civil Law Review of Business Contracts in Business Activities Ratna Dewi; Harry Yusuf Adegdaha Laksana; Ahmad Beny Rias; Adam Damili; Achmad Faried
Jurnal Indonesia Sosial Sains Vol. 6 No. 2 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i2.1618

Abstract

This research addresses the legal framework of business contracts under the Civil Code, focusing on the effectiveness of such contracts in business activities and the consequences of defaults by parties involved. The urgency of this study arises from the increasing complexity and frequency of legal disputes in business transactions, particularly regarding contract breaches. The primary objective is to analyze the legal effectiveness of the Civil Code in resolving defaults and protecting the rights of the involved parties, as well as to evaluate its role in enhancing legal certainty and business trust. The research employs a qualitative descriptive methodology, utilizing document analysis to assess relevant legal provisions and case studies. The findings reveal that the Civil Code provides clear guidelines for the interpretation of contracts, ensuring legal certainty and protection for parties. However, challenges such as cost and time limitations in dispute resolution are evident. In conclusion, the Civil Code plays a crucial role in business contract enforcement, although improvements in flexibility and efficiency are recommended to further support business growth and legal fairness.
Analisis Hukum Persaingan Tidak Sehat dalam Praktik Bisnis di Indonesia; Perspektif Hukum Islam Ratna Dewi; Gagah Satria; Aruman Aruman; Jeklira Tampubolon; Erlan Basuki; Umbu Landu Parangga
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol. 10 No. 2 (2025): Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i2.13227

Abstract

This study aims to analyze the regulation and enforcement of unfair business competition law in Indonesia and to examine its conformity with the principles of Islamic law. The research employs a normative legal method using statutory and conceptual approaches, involving an analysis of Law No. 5 of 1999, relevant legal literature, and Islamic legal sources. The findings indicate that Indonesian positive law and Islamic law share substantial alignment in prohibiting market manipulation and economic exploitation. Moreover, Islamic law provides a more comprehensive ethical foundation through the prohibition of ihtikar, tadlis, and najasy, emphasizing moral and ethical values in economic activities. Therefore, the integration of Islamic business ethics can serve as a moral complement to positive legal regulations and enhance the effectiveness of competition law enforcement, contributing to the creation of a fair, transparent, and socially just business environment.