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Legal Responsibility for Misuse of Online Crowdfunding Eko Muljono, Bambang; Khoiri, Ach.; Royani , Achmad; Nuruhul Yajlul, Ahmad
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.389

Abstract

The phenomenon of abuse of online donation funds by recipients has become a legal issue that requires serious attention, particularly in the realm of civil law. This research aims to address two main problem formulations. First, what are the legal rules regarding the acceptance and management of online donation funds? Second, what is the legal accountability for recipients of donations who commit abuse? This research employs a normative juridical method with a regulatory approach (statute approach). Primary legal materials include: Law No. 9 of 1961 concerning the Collection of Money or Goods, the Civil Code Article 1365, Government Regulation No. 29 of 1980 concerning the Implementation of Collection of Donations, and Minister of Social Affairs Regulation No. 8 of 2021 concerning the Organization of Fundraising. From the discussion results, the researcher concludes that first, the collection of money or goods, which can be interpreted as crowdfunding according to Article 1 of Law No. 9 of 1961, means any effort to obtain money or goods for development in the fields of social welfare, mental/religious/spiritual, physical, and cultural must have prior permission in accordance with applicable legal regulations and the elements contained therein. Second, based on Article 1365 of the Civil Code, any unlawful act that causes loss to another person results in the obligation of the perpetrator to compensate for such loss. In this case, a recipient of donations who uses the funds not according to their intended purpose may be held civilly accountable if it is proven to meet the elements of unlawful acts, namely the existence of an unlawful act, fault, loss, and a causal relationship between the act and the loss. Clarification of these elements serves as the basis for determining civil legal responsibility. This research underscores the importance of tighter legal regulation and oversight of digital donation activities to provide legal protection for donors.
Legal Review of the Prohibition on Ownership of Agricultural Land Outside the Sub-district in the Division of Gono Gini Assets Eko Muljono, Bambang; Suhaili, Achmad; Suisno; Qudhoifah, Ahmad
Jurnal Independent Vol. 14 No. 1 (2026): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v14i1.407

Abstract

ownership by people outside the sub-district area as a result of the distribution of gono-gini property. The main problem studied is how the synchronization and legal implications between the principle of division of joint property in marriage (gono-gini) and the provisions of laws and regulations in the field of land that limit the ownership of agricultural land based on geographical domicile. The research method used is normative legal research with a statutory approach and a conceptual approach. Primary legal materials include the Basic Agrarian Law, the Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN related to the limitation of agricultural land ownership, as well as the provisions of inheritance and marriage law. Secondary legal materials are analyzed qualitatively. The results of the study show that the prohibition of agricultural land ownership by people outside the sub-district area creates a conflict of norms when applied to the division of gono-gini property, especially if one or both spouses no longer reside in the sub-district where the land is located. There is a legal vacuum regarding the mechanism for the transfer of agricultural land rights due to gono-gini that exceeds the boundaries of the sub-district. This study recommends the need for extensive interpretation or regulatory changes to provide exceptions to the prohibition in the context of the distribution of common property, as well as the need for legal certainty for parties who acquire land through gono-gini but are outside the sub-district area.