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Implementation of the Principle of Good Faith in the Making and Execution of Agreements Indrawati, Etty; Susilawati, Marietta D.; Putri, Koleta Donna Indhayana
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1649

Abstract

Based on Article 1338 paragraph (3) of the Civil Code, agreements must be implemented based on good faith. These guidelines must be met so that the interests of the parties can be protected and there is no risk of loss to the parties as subjects of civil law who make them. An agreement cannot be canceled by one of the parties but must be with the agreement of the parties to the agreement. The purpose of this study is to examine the difficulties that the parties have when drafting and carrying out the agreement. This study makes use of secondary data and normative legal procedures. Deductive inductive reasoning is employed. Both main and secondary legal documents are utilized. Legal tools are primary legal resources. Journal articles and other study findings are examples of secondary legal sources. qualitative approaches for data analysis. The study's findings can be used to draw conclusions about what constitutes good faith from moral and ethical perspectives in order to deal with issues that may arise if the agreement does not use good faith. 
Artificial Intelligence As A Legal Subject: An Existentialist Philosophy Perspective Halim, Chandera; Putri, Koleta Donna Indhayana
Citizen : Jurnal Ilmiah Multidisiplin Indonesia Vol. 5 No. 2 (2025): CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia
Publisher : DAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53866/jimi.v5i2.712

Abstract

The increasing complexity of artificial intelligence (AI) has sparked debates regarding its legal status, particularly whether AI can be considered a legal subject. This study examines the issue through the lens of existentialist philosophy, which emphasizes freedom, consciousness, and responsibility as fundamental aspects of existence. A qualitative approach is employed, utilizing philosophical analysis of subjectivity and existence based on the thoughts of existentialist figures such as Jean-Paul Sartre and Martin Heidegger. The findings reveal that although AI can act autonomously and mimic human decision-making, it lacks self-awareness and existential freedom. Consequently, from an existentialist perspective, AI does not qualify as a legal subject, as it does not possess authentic existence and moral responsibility. This conclusion underscores that AI's legal status is more appropriately categorized as a legal object with specific regulations rather than an entity with legal rights and obligations
Analysis of Cross-Border Trade Between Countries: Normative Study Between Indonesia and Countries with Direct Land Borders Windajani, E. Imma Indra Dewi; Indrawati, Etty; Putri, Koleta Donna Indhayana
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1218

Abstract

Based on Government Regulation Number 34 Year of 2019 on Border Trade, economic transactions in cross-border trade are permitted with certain restrictions. These limitations include the type of goods, the quantity of purchases, and the trading system of trade goods. The types and maximum purchase limits are regulated in the bilateral Border Trade Agreement (BTA) and Border Crossing Agreement (BCA). In practice, transactions exceed the limits of transaction value specified in bilateral agreements and governing laws and regulations, causing losses to the state. There are two purposes of this research. The first is to explore and analyze the factors causing irregularities in cross-border trade transactions and the second is to explore the efforts to minimize them. This research is normative legal research through library research by tracing secondary data in the form of primary legal materials and secondary legal materials, using documentation methods and instruments in the form of document studies. Then, data were analyzed using qualitative analysis. There are two results of this research. The first is four factors that cause deviations in cross-border trade transactions, including economic factors, infrastructure factors, and juridical factors. The second is the efforts that can be made to minimize deviations in cross-border trade transactions including preemptive efforts in the form of instilling good values that are internalized into a person, preventive efforts in the form of preventive actions, and repressive efforts in the form of law enforcement actions.
Implementation of the Principle of Good Faith in the Making and Execution of Agreements Indrawati, Etty; Susilawati, Marietta D.; Putri, Koleta Donna Indhayana
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1649

Abstract

Based on Article 1338 paragraph (3) of the Civil Code, agreements must be implemented based on good faith. These guidelines must be met so that the interests of the parties can be protected and there is no risk of loss to the parties as subjects of civil law who make them. An agreement cannot be canceled by one of the parties but must be with the agreement of the parties to the agreement. The purpose of this study is to examine the difficulties that the parties have when drafting and carrying out the agreement. This study makes use of secondary data and normative legal procedures. Deductive inductive reasoning is employed. Both main and secondary legal documents are utilized. Legal tools are primary legal resources. Journal articles and other study findings are examples of secondary legal sources. qualitative approaches for data analysis. The study's findings can be used to draw conclusions about what constitutes good faith from moral and ethical perspectives in order to deal with issues that may arise if the agreement does not use good faith.