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E-contract in the Aspect of Online Sale and Purchase Agreement Correlated with Article 1320 of the Civil Code Risma Satriana Nilamjati; Albertus Sentot Sudarwanto; Yudho Taruno Muryanto
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 3 (2025): Siber International Journal of Advanced Law (January - March 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i3.130

When engaging in online transactions, it is highly challenging to guarantee adherence to the legal stipulations of the agreement. This challenge arises because online transactions occur via the Internet, meaning that the involved parties do not interact face-to-face, and the majority of online sales agreements are not documented in writing. The facets of "agreement" and "a specific object" will invariably be present in any online transaction, but the aspects of "skill" and "an unforeseen reason" cannot be assured. Consequently, it is essential to comply with the validity of electronic contracts in online purchasing agreements. In the author's view, this regulation represents the only legally valid approach. The goal of this article is to examine electronic contracts in the context of online sales agreements in relation to Article 1320 of the Civil Code. The methodology employed in this research is normative legal research, which investigates the legal systematics. This systematic legal examination is conducted utilizing laws and regulations or statutes pertinent to the topic being reviewed. The findings of the research indicate that the legal prerequisites of the online purchase contract are fulfilled.

Legal Liability of Developers in Breach of Contract Against Consumers in House Sale and Purchase Agreements Through Mortgage Facilities (KPR) Nuha Rifda Juliansyah Putri; Albertus Sentot Sudarwanto; Arief Suryono
Greenation International Journal of Law and Social Sciences Vol. 3 No. 1 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i1.371

The sale and purchase of houses using Mortgage Credit Facilities (KPR) is economically beneficial for the public, especially for those with limited financial capacity. However, the issue of developers breaching contract in such transactions has become a recurring problem and needs to be addressed in the context of consumer protection in Indonesia. This research discusses the forms of breach of contract committed by developers that result in losses for consumers. The main focus is the protection for consumers who suffer losses due to breach of contract in house sale and purchase agreements through mortgage facilities. The research method used is normative juridical legal research with a descriptive-analytical approach. Data collection techniques include literature review and legal document analysis. The results of the research indicate that the legal relationship established between the consumer, developer, and bank creates rights and obligations for each party. When a developer breaches the contract, consumers are entitled to legal protection as regulated in Law Number 8 of 1999 on Consumer Protection and the Indonesian Civil Code (KUHPerdata). Based on the developer’s legal liability for the losses suffered by consumers, legal remedies may include claims for material and immaterial damages. The Consumer Protection Law and Civil Code provide a relevant legal framework for handling such cases.

Legal Certainty over Land Boundaries: a Field Study of Re-Measurement Practices at Bpn Yogyakarta City and Sleman Arief Setiabudi; Albertus Sentot Sudarwanto; Rosita Candrakirana
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.473

Land boundary disputes remain a persistent challenge in land administration across Indonesia, particularly when physical markers disappear or inconsistencies arise between legal documents and on-site conditions. This study explores the legal and practical aspects of re-measuring land parcels or, in practice, redefining boundaries as an effort to uphold legal certainty in the cities of Yogyakarta and Sleman Regency.Using a normative-empirical approach, field data were collected through interviews with officials from the local offices of the National Land Agency (BPN). The findings reveal a distinct divergence in interpretation: Yogyakarta still refers to the process as a “re-measurement,” following technical guidelines under Ministerial Regulation No. 1 of 2010. In contrast, Sleman no longer recognizes the term “re-measurement,” opting instead for a consensus-based boundary redefinition, citing legal prudence and risk mitigation.Despite using modern surveying tools and formal documentation, both regions face similar obstacles absent neighbors, missing boundary markers, and even post-measurement legal disputes. This study highlights how the concept of legal certainty must not only rest on regulatory compliance but also accommodate social realities on the ground. Drawing from Gustav Radbruch’s theory, the paper argues that true legal certainty in land matters requires a balance between the rule of law, fairness, and practical usefulness.

E-contract in the Aspect of Online Sale and Purchase Agreement Correlated with Article 1320 of the Civil Code Risma Satriana Nilamjati; Albertus Sentot Sudarwanto; Yudho Taruno Muryanto
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 3 (2025): Siber International Journal of Advanced Law (January - March 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i3.130

When engaging in online transactions, it is highly challenging to guarantee adherence to the legal stipulations of the agreement. This challenge arises because online transactions occur via the Internet, meaning that the involved parties do not interact face-to-face, and the majority of online sales agreements are not documented in writing. The facets of "agreement" and "a specific object" will invariably be present in any online transaction, but the aspects of "skill" and "an unforeseen reason" cannot be assured. Consequently, it is essential to comply with the validity of electronic contracts in online purchasing agreements. In the author's view, this regulation represents the only legally valid approach. The goal of this article is to examine electronic contracts in the context of online sales agreements in relation to Article 1320 of the Civil Code. The methodology employed in this research is normative legal research, which investigates the legal systematics. This systematic legal examination is conducted utilizing laws and regulations or statutes pertinent to the topic being reviewed. The findings of the research indicate that the legal prerequisites of the online purchase contract are fulfilled.

Notary's Responsibility for the Material Truth of Capital Deposit by the Founder in the Deed of Establishment of Limited Liability Company Salsabila Sekar Rachmadhani; Albertus Sentot Sudarwanto; Fatma Ulfatun Najicha
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 4 (2025): Siber International Journal of Advanced Law (April - June 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i4.240

This research discusses the responsibility of notaries in relation to the material truth of the deposit of capital by the founders in the deed of establishment of a Limited Liability Company. The purpose of this research is to analyze the extent of notary’s responsibility when there is negligence in depositing capital by the founder and the deed of establishment is declared to be null and void. This research is a normative legal research with a legislative and case approach. The results of the study show that the notary is only responsible for the formal correctness of the deed made. The court decision that annuls the deed of establishment due to the negligence of the founders is considered inaccurate, because it blurs the boundary of responsibility between the founder and the notary, and can undermines the principle of legal certainty.

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