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All Journal Jurnal Akta International Journal of Business, Law, and Education
Ni Luh Gede Astariyani
Universitas Udayana
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Reconstruction of the Limits of Exoneration Clauses in E-Commerce Transactions to Strengthen Consumer Protection Based on Contractual Justice Esther Masri; Otih Handayani; Ni Luh Gede Astariyani; Farikh Hakimi Jordan; Achmad Jumeri Pamungkas
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.51953

Abstract

Advances in information technology have impacted all business activities, significantly contributing to the world of information and electronic transactions. Electronic buying and selling transactions on electronic commerce (e-commerce) platforms have transformed the legal relationship between businesses and consumers, enabling them to be carried out easily, quickly, and efficiently. In practice, these relationships are often outlined in standard agreements containing exoneration clauses, which limit, transfer, or eliminate the business actor's liability for losses suffered by consumers. This places consumers in an unequal bargaining position, which contradicts the principle of consumer protection. This study aims to analyze the regulation of exoneration clauses in the Indonesian legal system and reconstruct the limits of their use in electronic buying and selling transactions on e-commerce platforms based on the principle of contractual justice to strengthen consumer protection. This study is a normative legal study with a statutory and conceptual approach. The legal sources include primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The results indicate that existing regulations do not yet provide clear parameters for distinguishing between reasonable limitations of liability and absolute transfers of responsibility. The proposed reforms include a comprehensive ban on shifting responsibility, strengthening oversight mechanisms, and revoking clauses detrimental to consumers. This reform is expected to create a balance between business interests and consumer rights in e-commerce.
Legal Protection for Intellectual Property Rights Holders Utilized as Debt Collateral: An Analysis of the Execution Norm Vacuum in Guarantees Putu Krisna Indira Yasana Putri; Ni Luh Gede Astariyani
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1523

Abstract

This article examines a regulatory disjunction in Indonesia: intellectual property rights (IPR) are formally recognized as fiduciary collateral, yet the legal framework remains incomplete at the enforcement stage. Using normative legal research with statutory, conceptual, and analytical approaches, the study evaluates primary, secondary, and tertiary legal materials through qualitative, descriptive, and prescriptive analysis. The findings show that IPR has a valid de jure status as collateral but remains practically subordinate because the law does not clearly regulate the object and method of realization, post-sale registration, accredited valuation, or the relationship between transferred economic rights and inalienable moral rights. These deficiencies weaken legal certainty for creditors and debtors. The article proposes an integrated framework consisting of IPR-specific enforcement procedures, standardized valuation, interoperable digital registries, contractual protection of moral rights, adaptive liquidation mechanisms, insurance and escrow arrangements, and specialized judicial oversight with proportional realization. Reform of the Fiduciary Guarantee Law and its implementing regulations is necessary to convert formal recognition into an enforceable and balanced secured-financing regime.
Co-Authors Achmad Jumeri Pamungkas Farikh Hakimi Jordan Masri, Esther Otih Handayani Putu Krisna Indira Yasana Putri