Rahmadanti, Siti Mutiah
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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.
Reassessing the Ne Bis in Idem Principle in Administrative Sanctions within the Financial Sector: A Legal Analysis of Parallel Enforcement among OJK, the Indonesia Stock Exchange, and the Ministry of Finance Rahmadanti, Siti Mutiah
Veteran Law Review Vol 8 No 2 (2025): November 2025
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v8i2.12672

Abstract

Indonesia’s financial regulators increasingly rely on administrative sanctions, heightening the risk that overlapping mandates may yield duplicative penalties for the same misconduct. This paper examines the application of the ne bis in idem principle to administrative enforcement within the financial sector and evaluates the extent to which the Una Via mechanism introduced by the 2023 Financial Sector Law mitigates “double punishment.” Using a normative juridical method that combines statutory, conceptual, and case approaches, we develop a doctrinal test for “the same offence” (fact pattern, protected legal interest, and punitive purpose) and adapt the Engel criteria to identify when administrative fines are criminal-like. A complementarity-versus-duplication framework is proposed for OJK–IDX coordination, supported by offsetting and single-cap rules to preserve proportionality. Comparative insights from the EU and ASEAN underscore the need for integrated procedures and total-sanction proportionality control. We recommend a triage MoU, a joint case registry, and a no-piling-on policy across OJK, IDX, and the Ministry of Finance to safeguard legal certainty while maintaining credible deterrence.