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All Journal Journal of Law Science Jurnal Hukum Non Diskriminatif Jurnal Pengabdian Kolaborasi dan Inovasi IPTEKS
Fristia Maulana, Ayang
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Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Law Science

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Legal protection for digital consumers: a literature review of the limitations of the civil code in the platform economy era Muhtadi, Romadh; Fristia Maulana, Ayang
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

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Abstract

The transformation of the global economy towards the digital era has shifted the pattern of consumer and business interaction into the digital platform ecosystem, creating new challenges in consumer legal protection. This study is a systematic, logical, and relevant literature review of the limitations of the Civil Code (KUHPerdata) in responding to the dynamics of digital transactions. This study focuses on how conventional norms in the Civil Code that are oriented towards physical transactions and traditional civil relations have not been able to accommodate the complexity of interactions in a platform-based economy. Through an analysis of the legal theory of consumer protection, the theory of contractual justice, and the progressive legal approach, it was found that the Civil Code is still weak in guaranteeing the principles of transparency, accountability, and protection of personal data in digital transactions. In addition, the legal status of the platform as an intermediary party in the contract between the seller and the buyer creates a vacuum of norms regarding legal responsibility in the event of consumer default or loss. The implications of this finding emphasize the urgency of regulatory reform by adopting adaptive digital consumer protection principles, including updating national legal instruments to align with developments in information technology. This study also recommends the establishment of a new legal framework that specifically regulates consumer protection in the digital ecosystem, to ensure justice and legal certainty amid the rapid growth of the platform economy
The development of the theory of unlawful acts in civil law regarding gender inequality and social justice values Murti; Setianingsih, Elin; Fristia Maulana, Ayang
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6513

Abstract

This study examines the development of the theory of unlawful acts (UNL) in Indonesian civil law and its contribution to addressing gender inequality and achieving social justice values. The main focus lies on how civil law, which was initially neutral and individualistic, has undergone a transformation in responding to structural issues such as gender-based discrimination. This study was conducted by tracing various classical to contemporary legal literature, both from national and international perspectives, in order to understand how the concept of UNL has developed in theoretical and applied dimensions. The results of the review show that the UNL theory, which was initially limited to violations of formal legal norms, has experienced an expansion of meaning to include violations of norms of propriety, morality, and basic rights that are socially protected. In the context of gender inequality, it was found that civil law often produces inequality through formally neutral interpretations but ignores the unequal social structural context. Feminist literature and social justice theory then propose a reinterpretation of UNL to be more responsive to violations that are systemic and discriminatory against women. This study concludes that the reconstruction of UNL needs to be directed towards the paradigm of substantive and inclusive justice.
Co-Authors Amilia, Rizki Aulia Azahra, Fasya Kautsar, Daffa Luis Fiska Rahayu Muhtadi, Romadh Murti Rosita Wahyiah, Ita Setianingsih, Elin