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All Journal Jurnal Hukum Pelita Legalis : Journal of Law Review Res Judicata Law Review
Abintoro Prakoso
Universitas Wiraraja
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hubungan Hukum Para Pihak Dalam Transaksi Jual Beli Berbasis E-Commerce Elly Kusdiana Hobaidah; Abintoro Prakoso; Sjaifurrachman Sjaifurrachman
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6033

Abstract

This study discusses legal issues in buying and selling through e-commerce, particularly the challenges in fulfilling the valid agreement requirements, especially regarding consent. The absence of face-to-face interaction between sellers and buyers makes it difficult to determine the timing and form of legal consent. The purpose of this research is to understand the legal relationship between sellers and buyers in e-commerce transactions and to analyze legal responsibilities in case of violations or disputes. This study uses a normative legal method with a statutory approach, and data is collected through literature review of regulations, legal doctrines, previous research, journals, and relevant articles. Data analysis is conducted qualitatively by systematically reviewing and organizing the data. The results show that sales agreements through e-commerce have the same legal force as conventional agreements as long as they meet the valid agreement requirements. Consent is considered to occur when the consumer takes an affirmative action, such as clicking approval within the system. These agreements are legally valid and binding according to Article 18 Paragraph (1) of the Electronic Information and Transactions Law (UU ITE). However, if the element of consent is unclear, the agreement remains valid but may be canceled if it does not meet the subjective or objective requirements as regulated in Article 1320 of the Civil Code
Transformation of Values in Social Preferences: The Impact of Legal Rules on Changes in Social Norms in Society Inni Hajatika; Evi Dwi Hastri; Abintoro Prakoso
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.5

Abstract

This study aims to analyze how the rule of law affects the transformation of social values and preferences, as well as its impact on changes in social norms in society. With a juridical-normative approach and socio-legal analysis, this study explores the relationship between written law and social dynamics that lead to the formation of new norms. This study uses a non-doctrinal research method, namely socio-legal. In this research, the approach used is an interdisciplinary approach, especially in the study of legal anthropology, which in essence is the legal behavior of the community, the legal culture of the community, and the public's perspective on the law and its derivative products. Then a conclusin drawing or verification is carried out. The results of the study show that the rule of law not only reflects the values that exist in society but also plays an active role in shaping and changing social preferences. Legal rules that are applied effectively can influence individual and collective behavior, resulting in new social norms that are more in line with the goals of the law. However, this adaptation of social norms is also influenced by other factors such as culture, education, and economic conditions. This study concludes that the transformation of values in social preferences is a dynamic process that involves a complex interaction between legal rules and social conditions of society. Legal rules that are responsive to social change can serve as an effective tool to encourage positive change in social norms, while mismatches between laws and social preferences can lead to resistance and non-compliance.
The Influence of the Kerapan Sapi Tradition in Madura on the Enforcement of Criminal Law in Article 302 of the Criminal Code Herowati Poesoko; Abintoro Prakoso; Muhammad Khalid Ali
Res Judicata Law Review Vol. 1 No. 2 (2024): Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i2.19

Abstract

In the context of criminal law, although there are formal regulations in force throughout the country, local culture often plays an important role in its implementation. Therefore, understanding the relationship between local culture such as the tradition of cattle frequency and law enforcement based on article 302 of the Criminal Code concerning the persecution of animals is something that needs to be considered in order to ensure effectiveness and justice in the legal system. This study uses a type of socio-legal research which is an interdisciplinary approach that combines normative legal analysis with a sociological perspective. The information collected is descriptive in both written and oral form. The approach is based on the analysis of the philosophical values of the cattle frequency tradition, while the normative juridical helps in making comparisons against laws and regulations relevant to the cattle frequency tradition. The results show that although official authorities such as the police or the courts play a role, customary institutions are still the main place in mediating in resolving a conflict. This indicates that traditional and cultural values occupy an important place in society and influence how society relates to the formal legal system.
Disagreements in Boundary Interpretation Under UNCLOS 1982: The Indonesia–Malaysia Maritime Dispute Over Sipadan-Ligitan and Ambalat Evi Dwi Hastri; Rusfandi; Herowati Poesoko; Abintoro Prakoso; Muhammad Khalid Ali
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1604

Abstract

Maritime boundary disputes between Indonesia and Malaysia reflect the structural complexity of applying the provisions of the United Nations Convention on the Law of the Sea (UNCLOS 1982). This normative legal research analyzes the normative ambivalence within UNCLOS 1982 specifically Articles 15, 74, 83, and 121 and its implications for the Sipadan-Ligitan and Ambalat Block disputes. The findings reveal distinct resolution mechanisms for each case: the Sipadan-Ligitan dispute was definitively resolved through international litigation at the International Court of Justice (ICJ) in 2002 based on the principle of effectivités, whereas the Ambalat dispute remains unresolved in terms of final boundary delimitation and continues to be managed via non-litigious diplomatic negotiations. This study argues that international litigation poses significant risks of permanent territorial loss for Indonesia. Consequently, a non-litigious approach specifically a combination of sustained diplomatic negotiations, provisional arrangements, and joint development agreements under Article 83(3) of UNCLOS constitutes the most appropriate, pragmatic, and mutually beneficial mechanism for resolving maritime boundary overlaps in the Ambalat Block.
Co-Authors Elly Kusdiana Hobaidah Evi Dwi Hastri Herowati Poesoko Inni Hajatika Muhammad Khalid Ali Rusfandi Sjaifurrachman Sjaifurrachman