Ma'ruf Akib
Universitas Muhammadiyah Kendari

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

Found 2 Documents
Search

KEPASTIAN HUKUM SMART CONTRACT DALAM PERSPEKTIF HUKUM PERDATA Sakirman; Ma'ruf Akib; Wahyudi Umar
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Legal certainty in the application of smart contracts in the perspective of civil law is an important issue in the digital era. Smart contracts, which are computer code that automatically executes agreements, face challenges in meeting the legal requirements of traditional contracts. Previous research shows that while smart contracts offer transparency and efficiency, they often do not meet the validity criteria set out in civil law, as expressed by Herian and Abidin. In addition, there is an urgent need for clearer regulation regarding the legal status of smart contracts so that they can be integrated with existing legal systems, as discussed by Onufreiciuc and Stănescu. Therefore, this study aims to explore the legal certainty of smart contracts and their implications for civil law, as well as provide recommendations for better arrangements in the future.
WANPRESTASI PADA LAYANAN PAYLATER DALAM APLIKASI SHOPEE Rahayu Iftahul Jannah; Ma'ruf Akib; Ismi Fadjriah; Wahyudi Umar
Jurnal Hukum Lex Generalis Vol 5 No 4 (2024): Tema Hukum Perdata
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the phenomenon of default in the use of the PayLater service on the Shopee application, which is increasingly popular in Indonesia along with the development of e-commerce. The purpose of this study is to analyze the legal consequences of default by debtors in the use of this service. Normative legal research is carried out using a legislative and conceptual approach. The results of this study emphasize that consumers must understand the terms and conditions before using PayLater to avoid legal problems in the future because the results show that default occurs when debtors do not fulfill their payment obligations as agreed, which can result in fines and recording in the Financial Information Service System (SLIK) of the OJK.