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All Journal Jurnal Suara Hukum Perspektif Hukum
Kinan Kalam Khalifa
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kriteria Iktikad Baik pada Klausul Disclaimer dalam Kontrak Elektronik Kinan Kalam Khalifa
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.312

Abstract

Electronic contracts are one form of development in the use of contracts. Electronic contracts are commonly used by society in buying and selling activities through electronic systems. Buying and selling through electronic systems is considered to have many advantages, namely increasing their income, market share and profits. However, behind these advantages, there is still a problem, namely the inclusion of a disclaimer clause by the seller in the electronic sale and purchase contract that is not in good faith. This results in losses for consumers because of the difficulty of filing a claim to ask for accountability to the seller. This study uses literature research related to the rules, legislation, and the data collected is analyzed descriptively. The existence of a disclaimer clause must be followed in good faith in accordance with Article 18 paragraph (1) of Law no. 8 of 1999 concerning Consumer Protection or Consumer Protection Law (CPL) regarding the limitation of the disclaimer clause. The use of the disclaimer clause by sellers who do not have good intentions must be held accountable by providing compensation to the injured party (vide Article 19 paragraph (1) CPL).
The Urgency of Amending Article 251 of the KUHD Related to The Principle of the Utmost Good Faith in Insurance Agreements: (Critical Note on the Decision of the Constitutional Court Case Number 83/PUU-XXII/2024) Agus Yudha Hernoko; Fitri Nur Amalia; Ridaningjati , Pamungkas; Kinan Kalam Khalifa; Antonino Pedro Marçal
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p540-564

Abstract

This paper critically examines the Constitutional Court Decision Number 83/PUU-XXII/2024, which reviews the constitutionality of Article 251 of the Indonesian Commercial Code (KUHD) concerning the principle of utmost good faith in insurance contracts. The article stipulates that coverage becomes void if the insured conceals any facts, even if done in good faith. The urgency of this writing lies in the necessity to interpret Article 251 of the KUHD systematically and teleologically, particularly within the context of legal protection for both insurers and insured parties. This research employs a normative juridical approach with a prescriptive analysis of legal norms and the implications of the Court’s decision. The findings indicate that the phrase “renders the insurance void” in Article 251 of the KUHD should not be construed as void by law (nietig van rechtswege) but rather voidable (vernietigbaar), as it concerns the subjective element of mutual consent. The Court's decision has significant implications for restructuring insurance contract norms to ensure fair and proportional protection for all parties involved.
Co-Authors Agus Yudha Hernoko Antonino Pedro Marçal Fitri Nur Amalia Ridaningjati , Pamungkas