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All Journal Rechtsidee Perspektif : Kajian Masalah Hukum dan Pembangunan JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum International Journal of Law Reconstruction JUSTITIA JURNAL HUKUM Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Nagari Law Review Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Notaire Journal of Social Development Studies Jurnal Abdi Masyarakat Indonesia Yuridika Perspektif Hukum Journal of Law and Legal Reform Clinical Practices and Hospital Management
Bambang Sugeng Ariadi Subagyono
Fakultas Hukum Universitas Airlangga
Humanities Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Can Indonesia’s Laws Keep Up? Protecting Consumer Rights in Digital Transactions Bambang Sugeng Ariadi Subagyono; Mochamad Kevin Romadhona; Zahry Vandawati Chumaida; Bambang Suheryadi; Noureldin Samy Elkhashab
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4202

Abstract

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.
The Responsibility of a Sea Freight Transport Management Services Company for Damage to Goods in a Third-Party Logistics Agreement A. Zainur Rasyidi Ramadhani; Zahry Vandawati; Bambang Sugeng Ariadi Subagyono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3958

Abstract

This research aims to analyze the limits and forms of accountability carried out by Freight Forwarding companies which are based on TPL agreements. This research is normative legal research with a conceptual, case and statutory approach. The research results confirm that Freight Forwarding's liability limits only cover damage and loss of goods resulting from errors and/or negligence from management and logistics management aspects which are direct losses. In connection with losses that are consequential or indirect, responsibility cannot be held. Liability is excluded in the event of force majeure or losses caused by the carrier. The form of accountability that must be given by Freight Forwarding regarding its mistakes is that first Freight Forwarding must be able to prove that it is not guilty according to the principle of presumption of liability. However, if Freight Forwarding cannot prove that it is not at fault then the form of liability that Freight Forwarding must provide is compensation as specified in the TPL agreement.
Behind the Hospital–Insurance Deal: Untangling Indonesia’s Legal Maze Zahry Vandawati Chumaida; Mochamad Kevin Romadhona; Bambang Sugeng Ariadi Subagyono; Alaa Basil Baqer Alfadhel
Clinical Practices and Hospital Management Vol. 1 No. 2 (2025): Clinical Practices and Hospital Management
Publisher : Rumah Sakit Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/cphm.v1i2.81933

Abstract

This study examines the legal framework governing cooperation agreements between hospitals and health insurance companies in Indonesia. These agreements play an essential role in regulating the provision and financing of healthcare services for insured patients, yet they often operate within a fragmented and inconsistently applied regulatory environment. Using a juridical-normative approach, the research analyzes relevant legislation, contractual principles, and doctrinal interpretations to understand the legal nature, structure, and implementation challenges of such agreements. The findings reveal significant regulatory gaps and a lack of harmonization between health-sector and insurance-sector rules, which contribute to legal uncertainty and inconsistent contractual practices. The study also identifies administrative burdens, information asymmetry, and weak dispute-resolution mechanisms as major obstacles in the implementation of these agreements. Based on these findings, the research proposes several improvements, including regulatory standardization, enhanced institutional coordination, more efficient dispute settlement procedures, and stronger transparency and consumer protection measures. Overall, the study contributes to a deeper understanding of the legal dynamics of hospital–insurance cooperation and offers recommendations for strengthening legal certainty, contractual fairness, and the effectiveness of healthcare financing in Indonesia.
Co-Authors A. Zainur Rasyidi Ramadhani Adrianus Jeffri Shandietrysno Agus Yudha Hernoko AGUSTIN, DWI Alaa Basil Baqer Alfadhel Alya Tsabita, Alya Asri Wijayanti Dwi Agustin Fiska Silvia Raden Roro Ghansham Anand Hidayatullah, Tomi Indira Retno Aryatie Johan Wahyudi, Johan Kukuh Leksono Suminaring Aditya Maghfira, M. Risyah Farras Deka Malie, Adi Muliawansyah Noureldin Samy Elkhashab Qois, Ghozi Naufal Razky Akbar Romadhona, Mochamad Kevin Shandietrysno, Adrianus Jeffri Suheryadi, Bambang Trisadini P. Usanti Trisadini Prasastinah Usanti Vina Putri Salim Wibowo, Veronica Cynthia Zahry Vandawati Zahry Vandawati Chumaida Zahry Vandawati Chumaida