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ANALYSIS OF CONSUMER LEGAL PROTECTION AGAINST UNFAIR CLAUSES IN SMART CONTRACTS IN INDONESIA Girsang, Fredsly Hendra Sardol; Sijabat, Candra Robasa; Rahmadanti, Siti Mutiah
Law Jurnal Vol 6, No 1 (2025)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v6i1.6982

Abstract

The swift advancement of blockchain technology has introduced a transformative innovation known as smart contracts, which are self-enforcing, unchangeable computer programs for agreements. While these contracts offer benefits like efficiency and openness, their inherent qualities present major hurdles for protecting consumers, especially from the risk of inequitable terms being included. This study aims to deeply investigate the strengths and weaknesses of current Indonesian law in offering legal safeguards to consumers who use smart contracts for their transactions. Utilizing a normative juridical methodology with a statutory and conceptual framework, the research reveals several key findings. First, the essential features of smart contracts, most notably their unchangeable and self-enforcing nature, are in direct opposition to the adaptable and justice-focused principles of Indonesian contract law, like the doctrine of good faith. Second, although a foundational level of protection is offered by the Indonesian Civil Code (KUHPerdata), the Consumer Protection Law (UUPK), and the Law on Information and Electronic Transactions (UU ITE), substantial legal vacuums and difficult enforcement problems persist. Third, the research pinpoints specific ways unfair clauses appear as functions within the code and confirms that applying a purposeful interpretation of current legislation can help lessen their negative effects. In conclusion, this paper asserts the pressing requirement for creating specific legal rules and bolstering institutional supervision, especially by the Financial Services Authority (OJK), to ensure that consumer rights remain protected amidst the evolution of contractual technology.
Juridical Analysis of the One Month Notice Provision for Employee Resignation: A Balance between Workers’ Rights and Company Operational Protection Sijabat, Candra Robasa; Santi, Bestari Nirmala; Sumaryoto, Otto; PN, Sugeng Santoso
Jurnal Ketenagakerjaan Vol 21 No 1 (2026)
Publisher : Pusat Pengembangan Kebijakan Ketenagakerjaan Kementerian Ketenagakerjaan Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47198/jnaker.v21i1.704

Abstract

The provision regarding worker resignation with a 30 (thirty) day or one-month notice has long been regulated in Indonesian labor laws. This provision aims to ensure legal certainty for workers while safeguarding the continuity of company operations. However, in practice, the application of the one-month notice often raises debates regarding its effectiveness and proportionality. This issue becomes more significant when the resignation involves workers in strategic positions. This study aims to analyze the effectiveness of the one-month notice provision in ensuring legal certainty for workers and in protecting company operations based on labor regulations in Indonesia. The research uses a normative legal research method with a statutory and conceptual approach. The analysis is based on the theory of legal certainty and the theory of balance of interests. The results of the study show that, normatively, the one-month notice provision has provided procedural legal certainty for workers, particularly in relation to the fulfillment of administrative and normative rights. However, this provision has not been fully effective in protecting company operations, especially when workers in strategic positions resign. In such cases, the standard notice period may not provide sufficient time for companies to prepare operational adjustments. Therefore, efforts are needed to harmonize the regulation through a more flexible and proportional arrangement of the resignation notification period. One possible approach is to diversify the notice period based on job characteristics, urgency, and the potential operational impact. This approach is expected to create a better balance between workers' rights and the sustainability of company operations in a fair and sustainable manner.