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All Journal UNTAG Law Review Jurnal Hukum Legalita
Gravionika, Elsa
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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ANALYSIS OF CHANGES IN PUBLIC SERVICES POPULATION ADMINISTRATION FOR SAMIN BELIEFS IN PATI Afda’u, Faisal; Wahyuni, Husnia Hilmi; Gravionika, Elsa
UNTAG Law Review Vol 8, No 1 (2024): UNTAG LAW REVIEW
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v8i1.4982

Abstract

Believers are a group of people who experience discrimination in the administrative system in relation to the religion column in the e-KTP. In general, when viewed from the population administration, the location of adherents of beliefs, adherents of ancestral religions and the implementation of rituals in adat makes it difficult for them during state administration in personal documents such as electronic identity cards (KTP), family cards (KK), marriage certificates. , and birth certificates. Based on the article of the Population Administration Lawwhich explains that religion in the religion column on the family card (KK) and electronic identity card (KTP) for adherents of faith is not filled in fundamentally, this is because the sect has not been recognized as well as other religions. another, so that in the electronic identity card (KTP) there is no record that someone is a believer. Meanwhile, the Population Administration Law is factually or at least potentially detrimental to constitutional rights. This is where discrimination arises against people who do not yet have an awareness of human rights. Cases of discrimination against adherents of certain religions are even carried out by bureaucracy, although the 1945 Constitution has stated to free people to practice their respective religions and beliefs.
Validitas Hukum Perjanjian Clickwrap dan Browsewrap dalam Transaksi E-commerce: Kajian Normatif terhadap Prinsip Konsensualisme Subarkah, Amirah Dwi; Gravionika, Elsa
Legalita Vol 6 No 2 (2024): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v6i2.1783

Abstract

This study is situated within the field of civil law, focusing on the legal validity of clickwrap and browsewrap agreements in e-commerce transactions in Indonesia. The objective is to analyze the conformity of these electronic agreements with the principle of consensualism under national contract law. The topic was chosen due to the increasing use of digital agreements and the absence of comprehensive regulations governing them. The method employed is normative legal research with a juridical-analytical approach to relevant legislation, legal doctrines, and literature. The hypothesis posits that the legal validity of clickwrap and browsewrap agreements faces significant challenges due to misalignment with the principle of consensualism. The main findings indicate the necessity for clearer legal recognition and consumer protection to ensure these agreements function effectively as contractual instruments. This research contributes to strengthening the normative foundation for developing electronic agreement regulations in Indonesia. The results underscore the importance of legal reform to provide legal certainty for stakeholders in the rapidly evolving digital transaction landscape.
Mediasi Digital sebagai Upaya Perlindungan Konsumen dalam Sengketa E-Commerce: Antara Praktik dan Kekosongan Hukum di Indonesia Subarkah, Amirah Dwi; Gravionika, Elsa
Legalita Vol 7 No 1 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i1.1784

Abstract

This study aims to analyze the legal recognition of digital mediation as a dispute resolution mechanism in e-commerce transactions in Indonesia. Amid the rapid growth of electronic commerce and the increasing potential for disputes between businesses and consumers, digital mediation emerges as a fast, efficient, and cost-effective alternative. This research employs a normative juridical method with a statutory and conceptual approach, analyzing secondary data such as laws and regulations, scholarly literature, and relevant court decisions. The findings indicate that while digital mediation practices have been implemented—especially by major e-commerce platforms—there is no legal framework that explicitly regulates the procedures, the validity of mediated agreements, or the legal protection for parties involved in digital mediation. This legal vacuum creates uncertainty and challenges in enforcing mediated settlements through litigation. The study concludes that there is an urgent need for regulatory reform that explicitly acknowledges and governs digital mediation, covering procedural standards, mediator ethics, and legal recognition of mediation outcomes within Indonesia’s civil law system. Keywords: digital mediation, e-commerce disputes, alternative dispute resolution, civil law, legal certainty
Co-Authors Afda’u, Faisal Husnia Hilmi Wahyuni Subarkah, Amirah Dwi