Fahmi Arisandi
Universitas Muhammadiyah Bengkulu

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

The Application of Exoneration Clauses in PT Kredivo Finance Indonesia's Electronic Agreements Based on Article 1338 of the Civil Code Nova Tri Mulyani; Hendi Sastra Putra; Fahmi Arisandi; Mikho Ardinata
Journal of Legal Sustainability Vol. 3 No. 4 (2026): 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i4.657

Abstract

The growth of information technology-based financing services has driven the use of electronic standard contracts, including the Terms of Use of PT Kredivo Finance Indonesia, which contain liability limitation clauses. This study aims to analyze the validity of such exoneration clauses based on Article 1338 of the Indonesian Civil Code and Article 18 of Law Number 8 of 1999 concerning Consumer Protection. The research employs a normative legal method utilizing statutory and conceptual approaches. Primary legal materials comprising relevant legislation and Kredivo’s Terms of Use were analyzed using a descriptive-qualitative method through legal deduction. The findings indicate that clauses limiting compensation and shifting risk to the user potentially create an imbalance of rights and obligations, while also conflicting with prohibitions regarding standard clauses and the principle of good faith. Consequently, these clauses require adjustment to avoid disproportionately shifting the business operator's liability and to ensure continued consumer protection.  
Rekonstruksi Paradigma Reformasi Hukum Lingkungan Melalui Green Constitution: Pergeseran dari Antroposentrisme Menuju Ekosentrisme Sinung Mufti Hangabei; Rangga Jayanuarto; Fahmi Arisandi
Al-Adl : Jurnal Hukum Vol 18 No 2 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i2.25214

Abstract

This study aims to reconstruct the paradigm of environmental law reform in Indonesia through the concept of the Green Constitution as its philosophical foundation. Its primary focus is to shift the exploitative anthropocentric paradigm toward ecocentrism in order to establish a legal system oriented toward sustainability and ecological justice for both present and future generations. The study employs normative legal research using philosophical, conceptual, and statutory approaches. Data are collected through library research involving primary, secondary, and tertiary legal materials. These materials are subsequently analyzed qualitatively using descriptive, interpretative, and prescriptive methods to formulate a new legal paradigm. The findings reveal that the weaknesses of Indonesia’s environmental law framework are rooted in the dominance of the anthropocentric paradigm, which subordinates ecosystem protection to economic development interests. To address this problem, the study proposes a transition toward ecocentrism through three fundamental transformations: a philosophical transformation that recognizes the intrinsic value of nature; a normative transformation grounded in the Green Constitution; and an institutional transformation through the implementation of green governance. The findings can serve as a conceptual foundation for the state in formulating legal policies, evaluating legislation, and enforcing environmental law. This approach ensures that environmental protection and ecological carrying capacity are no longer treated as mere complementary considerations but as fundamental prerequisites for all development planning and activities in Indonesia. The novelty of this study lies in the development of a theoretical model termed Ecocentric Green Constitutionalism. Unlike previous studies that primarily focus on the normative implementation of the right to a healthy environment, this study reconstructs the philosophical foundations of environmental law reform at the ontological, epistemological, and axiological levels. It integrates ecocentrism, environmental constitutionalism, green governance, and ecological justice into a comprehensive and unified legal paradigm.