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All Journal Ipso Jure Ipso Jure
Diana Pujiningsih
Fakultas Hukum Universitas Jayabaya
Law, Crime, Criminology & Criminal Justice

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Juridical Review Of Standard Agreements In The Framework Of Consumer Protection Diana Pujiningsih
Ipso Jure Vol. 1 No. 7 (2024): Ipso Jure-August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jqxcks37

Abstract

Exonerating clauses have been widely used in agreements due to their time and cost efficiency. However, as the use of these clauses has expanded, there have been instances of non-compliance with certain requirements, which have subsequently caused disadvantages to certain parties. Exonerating clauses are often employed in freight forwarding service agreements by companies to limit their legal liability in the event of loss or damage to a consumer's goods. From the perspective of consumer protection, the use of exonerating clauses can create an imbalance in rights and obligations between service providers and consumers. According to Law No. 8 of 1999 on Consumer Protection, consumers have the right to safety, comfort, and security in the consumption of goods and services. However, exonerating clauses can undermine or limit these rights, potentially causing harm to consumers. This paper will discuss the use of exonerating clauses in freight forwarding service agreements from the perspective of consumer protection based on the Consumer Protection Act. It will focus on how these clauses can be used unfairly by companies to avoid liability and how the law should protect consumers from such detrimental practices. This analysis is crucial to ensuring that the use of exonerating clauses does not conflict with the fundamental principles of consumer protection established by law.
Effectiveness of Law Enforcement in Achieving Certainty and Justice Diana Pujiningsih
Ipso Jure Vol. 3 No. 5 (2026): Ipso - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/y0pzmx63

Abstract

Law enforcement is a central instrument in realizing two fundamental legal values ​​that are often in tension with each other: legal certainty and substantive justice. This article aims to analyze the extent to which law enforcement in Indonesia is able to realize these two values ​​simultaneously, as well as the factors that influence its effectiveness. This study uses a normative legal research method with a conceptual and legislative approach, supported by secondary data in the form of laws and regulations, court decisions, and the latest legal literature. The results show that the effectiveness of law enforcement is greatly influenced by the quality of legal substance, the integrity and competence of law enforcement officers, the legal culture of the community, and the consistency of the application of legal principles in judicial practice. It was also found that an overly legalistic-positivistic orientation of law enforcement tends to produce formal legal certainty but ignores the community's sense of justice, while an approach that overly prioritizes substantive justice without a clear basis for legal certainty can lead to uncertainty and inconsistency in decisions. This article recommends the need for a progressive approach that integrates legal certainty and substantive justice through strengthening the judicial system, institutional reform, and strengthening the community's legal culture as prerequisites for realizing effective law enforcement
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