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All Journal Indonesian Journal of Law and Economics Review Academia Open
Ariawan Gunadi
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Tarumanagara
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health

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Implementation of Black Campaigns as a Form of Unfair Business Competition: A Review of the Fulfillment of the Elements of Article 1365 of the Civil Code: Implementasi Black Campaign Sebagai Bentuk Persaingan Usaha Tidak Sehat: Tinjauan Terhadap Pemenuhan Unsur-Unsur Pasal 1365 KUH Perdata Britney Wilhelmina Berlian Mingga; Ariawan Gunadi
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12970

Abstract

 General background: Indonesia’s rapid economic growth has intensified business competition, particularly through the increasing use of digital marketing strategies. Specific background: This environment has contributed to the rise of black campaign practices, which not only damage business reputations but also cause substantial material and immaterial losses, while regulatory clarity remains limited. Knowledge gap: Existing studies rarely examine black campaigns as a form of unfair business competition within the framework of unlawful acts under Article 1365 of the Indonesian Civil Code. Aim: This study analyzes whether black campaign practices fulfill the elements of an unlawful act—namely the existence of an act, illegality, fault, losses, and causal relationship—thereby establishing grounds for civil liability. Results: The findings demonstrate that the characteristics of black campaigns, including the dissemination of misleading information and direct attacks on competitors’ products and branding, substantively satisfy all elements of Article 1365. Novelty: This research highlights that black campaign disputes should not be viewed solely through the lens of criminal liability under the ITE Law, but can be more effectively resolved through civil liability mechanisms that address actual economic harm. Implications: The study underscores the importance of adopting civil law remedies to protect business continuity, market fairness, and economic stability within the digital competition landscape. Highlights: Black campaign practices meet all elements of unlawful acts under Article 1365. Civil liability offers a more effective remedy than relying solely on the ITE Law. Digital competition increases reputational and economic risks for businesses. Keywords: Black Campaign, Unfair Business Competition, Unlawful Act, Civil Liability, Digital Marketing
Pre Existing Condition Regulation in Indonesian Life Insurance Policies: Pengaturan Pre Existing Condition dalam Polis Asuransi Jiwa di Indonesia Euginia Nataniela Awuy; Ariawan Gunadi
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1408

Abstract

Background: Life insurance plays a crucial role in balancing financial protection and risk management, where pre-existing condition clauses function to maintain fairness between premium payments and actual risks borne by insurers. Specific Background: In Indonesia, the implementation of these clauses often triggers disputes due to inconsistent interpretations, lack of regulatory standardization, and low public literacy regarding insurance contracts. Knowledge Gap: Despite their importance, limited studies examine how effectively these clauses mitigate risk while maintaining legal certainty amid regulatory ambiguity and practical challenges in underwriting and proof. Aim: This study evaluates the effectiveness of pre-existing condition clauses as a risk-mitigation mechanism for Indonesian life insurance companies. Results: Findings show that these clauses prevent adverse selection, strengthen utmost good faith, and support accurate underwriting, though effectiveness is hindered by unclear definitions, uneven documentation, agent miscommunication, and difficulties in proving prior illnesses. Novelty: This research integrates legal, technical, and consumer-protection perspectives to identify systemic weaknesses that reduce clause enforceability. Implications: Strengthening regulatory standards, improving transparency, and enhancing underwriting systems are essential to reduce disputes and reinforce legal certainty in life insurance governance. Highlights: Evaluates how pre-existing condition clauses function as a core risk-mitigation tool in Indonesian life insurance. Highlights legal and practical challenges, including regulatory gaps, proof difficulties, and low insurance literacy. Recommends strengthening regulation, transparency, and underwriting systems to reduce disputes and enhance legal certainty. Keywords: Pre-Existing Condition, Life Insurance, Risk Mitigation, Legal Certainty, Underwriting
Co-Authors Britney Wilhelmina Berlian Mingga Euginia Nataniela Awuy