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All Journal Jurnal Multidisiplin Madani (MUDIMA)
Gunati, Mira
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Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Industrial & Manufacturing Engineering Social Sciences

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Position of Electronic Agreements (E-Contract) in Emaster Online Arisan as Evidence in Civil Procedure Law Saputra, Ade Rizki; Gunati, Mira; Faisal, Ryan
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13593

Abstract

In the digital era, the internet has significantly transformed various aspects of life, including financial systems and social interactions. One notable change is the shift from traditional face-to-face arisan (a rotating savings and credit association) to online arisan facilitated through social media platforms and electronic banking. This study examines the legal validity of electronic agreements (e-contracts) in online arisan, focusing on the case of Emaster Online Arisan as evidence in civil procedure law, particularly in Decision No. 41/Pdt.G/2021/PN Pwd. The research employs a normative legal approach, analyzing the Indonesian Civil Code, Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE), and relevant case law. The findings indicate that online arisan agreements, even if not formally documented, are legally binding as long as they meet the requirements stipulated in Article 1320 of the Civil Code, which includes the agreement of the parties, legal capacity, a specific object, and a lawful cause. The study concludes that electronic agreements are recognized and protected under Indonesian law, and the court's decision in the Emaster case underscores the principle of pacta sunt servanda, ensuring that parties must fulfill their contractual obligations
Legal Protection of Coastal Community Rights in the Development of the Indah Kapuk 2 Beach Area: An Agrarian Law Perspective Haspada, Deny; Juli Asril; Ryan Faisal; Saputra, Ade Rizki; Herdiyanti, Siti Handayani; Gunati, Mira; Mardiansah, Songgi
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13718

Abstract

Coastal development projects, such as Pantai Indah Kapuk 2 (PIK 2), have createdsignificant legal and social challenges for long-established coastal communities.This study aims to analyze the legal protection of coastal communities' rights in thedevelopment of PIK 2 from the perspective of agrarian law. Using a normativejuridical method and qualitative analysis, the study reveals a gap between existingregulations and the implementation of coastal community rights protection. Landconflicts emerge as a major issue due to unclear land ownership status and weakcompensation mechanisms implemented by developers. Furthermore, the lack ofcommunity participation in planning processes exacerbates the socio-economicimpacts they experience. Compensation mechanisms tend to focus solely oneconomic value without considering the social and cultural aspects inherent incoastal communities. This study highlights the need for policy reforms in protectingcoastal community rights, including strengthening regulations, ensuringtransparency in compensation mechanisms, and increasing community involvementin decision-making processes. More equitable and sustainable policyimplementations are expected to create a balance between development interests andthe protection of coastal community rights
Co-Authors Asril, Juli Faisal, Ryan Haspada, Deny Herdiyanti, Siti Handayani Mardiansah, Songgi Ryan Faisal Saputra, Ade Rizki