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All Journal Indonesian Journal of Criminal Law Pena Justisia: Media Komunikasi dan Kajian Hukum AL-Ishlah : Jurnal Ilmiah Hukum COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Servitia: Journal of Community Service and Engagement Leges Privatae
Alwi Jaya
Universitas Andi Sudirman
Humanities Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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The Legal Protection for Third Parties in Confidential Agreements Alwi Jaya
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pecbxs59

Abstract

This study examines the legal position and protection of third parties affected by confidential agreements under Indonesian contract law. Rooted in the principle of privity of contract, the Indonesian Civil Code recognizes contractual rights and obligations only between the parties directly involved. However, in modern legal and business practices, confidential agreements such as non-disclosure agreements (NDAs), exclusivity contracts, and private arrangements often have unintended consequences for external parties. This normative legal research employs statutory, conceptual, and case approaches to critically analyze the limitations of current regulations and explore comparative models from other jurisdictions, such as the United Kingdom’s Contracts (Rights of Third Parties) Act 1999. The findings reveal a normative gap in Indonesian law that fails to account for the legitimate interests of third parties harmed by undisclosed contractual arrangements. The study recommends the development of a more inclusive legal framework through legislative reform and progressive judicial interpretation, ensuring fairness and legal certainty in contractual relationships involving broader societal impact.
Tantangan Mediator Dalam Penyelesaian Sengketa Tanah Melalui Mediasi Di Kantor Pertanahan Andi Hartawati; Alwi Jaya; A.Silfiana Sirajuddin
Journal of Community Service and Engagement Vol 2 No 1 (2026): August: Servitia: Journal of Community Service and Engagement
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/1pn9hf35

Abstract

The resolution of land disputes through mediation at the Land Office signifies a critical intersection between administrative authority and restorative justice, yet its efficacy remains constrained by multifaceted behavioral, institutional, and structural impediments. Although the mediator serves as a vital facilitator in navigating complex land conflicts, the high incidence of failed mediations underscores a pervasive culture of litigation and a fundamental lack of compromise among disputing parties. Systemic limitations, particularly regarding human resource constraints, limited budgetary allocations, and the absence of binding enforcement power for mediated agreements, significantly undermine the potential of this mechanism as a definitive resolution endpoint. This research demonstrates that the current mediation framework functions primarily as a preliminary negotiation phase rather than an instrument for conclusive justice. Addressing these integrated challenges through adaptive policy frameworks and robust institutional support is imperative to transform the Land Office into an effective hub for sustainable and equitable agrarian conflict resolution in regional areas.
The Principle of Good Faith in Contract Performance: A Civil Law Perspective Alwi Jaya; Taqiyuddin Kadir; Sudarti
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.4270

Abstract

The principle of good faith constitutes a fundamental doctrine in civil law that governs not only the formation of contracts but also their performance. In contemporary contractual relationships, disputes frequently arise not merely from the violation of explicit contractual terms, but from actions that, while formally compliant, contradict ethical standards, fairness, and reasonable expectations between parties. This condition highlights the growing importance of good faith as a normative benchmark in assessing contractual performance. This study aims to analyze the role and legal significance of the principle of good faith in contract performance from a civil law perspective, particularly in ensuring justice, balance, and legal certainty in private legal relations. This research employs a normative legal research method, relying on a statutory, conceptual, and doctrinal approach. Primary legal materials include civil codes, judicial decisions, and international legal instruments relevant to contract law, while secondary materials consist of scholarly writings, legal commentaries, and academic journals. The analysis is conducted through systematic interpretation and legal reasoning to examine how the principle of good faith operates in contractual performance and dispute resolution. The findings of this study indicate that the principle of good faith functions as an open norm that complements contractual obligations beyond written provisions. It serves as a corrective mechanism against opportunistic behavior, abuse of rights, and rigid contractual interpretation. Furthermore, good faith enables judges to evaluate the fairness of contract performance by considering moral standards, social values, and reasonable expectations of the parties. This research concludes that the principle of good faith is essential for achieving substantive justice in contract law and should be consistently applied to strengthen the integrity and reliability of contractual relationships in civil law systems
Pemberdayaan Keluarga Sadar Hukum (Kadarkum) Sebagai Upaya Prefentif Pergaulan Bebas  dan Penyalahgunaan Narkoba di Desa Cumpiga Kecamatan Awangpone Kabupaten Bone Asia A.Paranrangi; Alwi Jaya; Andi Hartawati
Journal of Community Service and Engagement Vol 2 No 1 (2026): August: Servitia: Journal of Community Service and Engagement
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/p57kan06

Abstract

This community service program aimed to strengthen legal awareness through the empowerment of Keluarga Sadar Hukum (KADARKUM) as a preventive strategy against free association, alcohol consumption, and drug abuse in Cumpiga Village, Awangpone District, Bone Regency. The program applied participatory, educational, and collaborative approaches through observation, coordination, legal counseling, interactive discussion, question-and-answer sessions, group formation, and evaluation. The results showed a substantial increase in participants’ legal understanding, with the average score rising from 42% in the pre-test to 88% in the post-test, representing a 46% improvement. The program also strengthened family roles in supervision, communication, early detection, and legal education related to risky adolescent behavior. The formation of KADARKUM provided a community-based forum to sustain legal education and encourage collective participation in prevention efforts. These findings indicate that integrating legal literacy, family resilience, and community participation can effectively strengthen preventive mechanisms at the grassroots level. Continued mentoring, periodic legal education, and collaboration with village authorities and relevant institutions are needed to maintain program sustainability and expand its preventive impact on adolescents and families within the wider Cumpiga community over time.
Co-Authors A.Silfiana Sirajuddin Andi Hartawati Andi Hertawati Asia A.Paranrangi Elvi Susanti Elvi Susanti Syam Gustika Sandra Hamdan, H. Sudarti Sumarni Tahe, Saifuddin Taqiyuddin Kadir Tarmizi Tarmizi Yasin, H. M.