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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Magister Hukum Perspektif Rechtsvinding
Sylvia Purborini, Vivi
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Religion Arts Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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DAMPAK DIGITALISASI TERHADAP HUKUM KONTRAK: ANALISIS TERHADAP PERJANJIAN SMART CONTRACT Sylvia Purborini, Vivi; Bagus Suryanatha, Ida
Jurnal Magister Hukum Perspektif Vol. 15 No. 2 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i2.117

Abstract

Digitalization has significantly changed the way contracts are executed, especially with the emergence of smart contracts. The positive impact of digitalization on contract law cannot be denied, however, there are also challenges and controversies that need to be addressed wisely. Qualitative research methods will be the main approach in exploring the impact of digitalization on contract law in smart contract analysis. By utilizing observations and document analysis, this research will explore an in-depth understanding of the implementation of smart contracts in the context of contract law. The practical implication is the need to update contract law regulations that accommodate technological developments, while the theoretical implication is the need for an in-depth understanding of the characteristics of smart contracts and their impact on traditional contract. the need to update contract law regulations to accommodate technological developments, especially in the use of smart contracts. Meanwhile, the theoretical implication is the importance of a deep understanding of the characteristics of smart contracts and their impact on traditional contracts in order to minimize potential legal conflicts. Keywords: Digitalization, Contract Law, Agreements, Smart Contracts
Civil Dispute Resolution Strategy Through Alternative Dispute Resolution (ADR) Pandi, Marlinda Martha Fenny; Astutik, Sri; Ayuningtiyas, Fitri; Sylvia Purborini, Vivi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1422

Abstract

Civil dispute resolution in Indonesia is generally conducted through litigation; however, court proceedings are often time-consuming, costly, and tend to produce win-lose outcomes that may harm the relationship between the disputing parties. As an alternative, Alternative Dispute Resolution (ADR) offers a more efficient and constructive approach to resolving civil disputes. This study aims to examine the background of ADR as a strategy for civil dispute resolution and to analyze the effectiveness of mediation in court proceedings. This research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and Supreme Court Regulation (PERMA) Number 1 of 2016 on Mediation Procedures in Courts. Secondary materials such as legal literature and scholarly journals support the analysis. The data are analyzed descriptively and qualitatively. The findings indicate that ADR is philosophically grounded in the values of Pancasila, particularly deliberation and consensus, and sociologically aligned with Indonesia’s customary tradition of peaceful settlement. Although mediation is mandatory in civil cases, its effectiveness remains limited due to a lack of good faith from disputing parties, insufficient public understanding, and suboptimal implementation. In conclusion, ADR, particularly mediation, serves as a relevant and strategic mechanism for resolving civil disputes in Indonesia, but its success depends on the parties’ willingness to settle and the effective role of mediators and courts.
Strategy for Implementing Village Head Supervision by the Village Consultative Body for Transparency Soleh, Mukhammad; Hindiawati, Wahyu; Sylvia Purborini, Vivi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 2 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20237262

Abstract

The duties of the Village Consultative Body (BPD) are regulated in Law Number 6 of 2014 concerning Villages, which include discussing and approving draft village regulations with the Village Head, accommodating community aspirations, and supervising the performance of the Village Head. This study aims to identify the factors that hinder the implementation of the BPD’s supervisory function toward the Village Head’s performance and to formulate strategies to overcome these obstacles in order to achieve transparent village governance. This research employed an empirical legal research method conducted in Asrikaton Village, Pakis District, Malang Regency. Data were obtained through interviews with village government officials and members of the Village Consultative Body, supported by relevant legal documents and literature studies. The findings indicate that the main obstacles in implementing supervision include weak coordination and communication between the village government and the BPD, limited professionalism and human resources of BPD members, insufficient operational budgets, and inadequate supporting infrastructure. To address these challenges, several strategies are proposed, including strengthening coordination and communication, improving the capacity and professionalism of BPD members through education and training, and increasing budgetary and infrastructural support for the BPD. These efforts are expected to enhance transparency, accountability, and democratic governance at the village level.
Co-Authors Ayuningtiyas, Fitri Bagus Suryanatha, Ida Mukhammad Soleh Pandi, Marlinda Martha Fenny SRI ASTUTIK Wahyu Hindiawati