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All Journal UNTAG Law Review Welfare State Jurnal Hukum
Norma Yunita, Ayu Herlin
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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WANPRESTASI DALAM PERJANJIAN HUTANG PIUTANG PEMBERIAN PINJAMAN MODAL KERJA BERDASARKAN KITAB UNDANG-UNDANG HUKUM PERDATA (Studi Putusan M.A.R.I Nomor 1586K/Pdt/2020) Norma Yunita, Ayu Herlin; Yasminingrum, Yasminingrum
UNTAG Law Review Vol 9, No 1 (2025): UNTAG LAW REVIEW
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i1.5987

Abstract

In practice, loan agreements involve borrowing and lending activities between individuals, typically with money as the object of the loan, and are established based on a contractual agreement. The provisions governing such agreements are stipulated in the Indonesian Civil Code, which sets out the rights and obligations of the parties involved. However, in practice, the legal relationship between creditors and debtors, particularly in contractual aspects, often encounters issues, leading to breaches of contract (wanprestasi). This study focuses on the legal consequences of wanprestasi in loan agreements, specifically in the context of working capital loans, and examines whether the relevant court decisions align with Article 1754 of the Indonesian Civil Code. This research employs a normative legal method, utilizing primary and secondary legal materials, which are subsequently analyzed through a descriptive-analytical approach. The findings conclude that money borrowed for business capital is based on a contractual agreement. The defendants were found to have breached the contract (wanprestasi) and are therefore obliged to repay the loan.
Pilihan Hukum dan Yurisdiksi Dalam Kontrak Digital Antarnegara Norma Yunita, Ayu Herlin; Martiasari, Andin
WELFARE STATE Jurnal Hukum Vol. 5 No. 1 (2026): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v5i1.5274

Abstract

Advances in information and communication technology have accelerated the use of digital contracts in cross-border commercial transactions, raising legal challenges regarding choice of law and jurisdiction. This study examines the nature of choice of law and jurisdiction in cross-border digital contracts within the Indonesian legal system using a normative legal methodology with a statutory and conceptual approach. The findings indicate that Indonesian law has recognized the principle of party autonomy in international electronic contracts through Article 18 of the ITE Law; however, its effectiveness is limited by mandatory legal norms and public policy. Therefore, clear and balanced contractual clauses are necessary to ensure substantive legal certainty in cross-border digital transactions.  
Co-Authors Martiasari, Andin Yasminingrum, Yasminingrum