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All Journal 'ADALAH
Gunawan Gunawan
Universitas Dharma Indonesia (UNDHI)
Law, Crime, Criminology & Criminal Justice

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A Comparative Study of Legal Systems in the Regulation of Business Activities in Indonesia and Common Law Countries Gunawan Gunawan; Rasman Habeahan; Abu Nawas; Muhammad Chotib; Gilang Rizki Aji Putra
BULETIN ADALAH Vol. 9 No. 5 (2025)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v9i5.50254

Abstract

Economic globalization has intensified cross-border business relations, requiring a comprehensive understanding of the differences among legal systems governing business activities. Differences in legal systems, particularly between the civil law and common law systems, have a significant impact on contract formation, dispute resolution, and the protection of business actors’ interests. Indonesia, as a country that adopts the civil law system, has distinct characteristics in business regulation compared to common law countries such as the United Kingdom and the United States. This article aims to analyze the comparative legal aspects of business law between Indonesia and common law countries, with a focus on sources of law, contract law, and dispute resolution mechanisms. The research method employed is normative legal research using a comparative law approach. The findings indicate that differences in legal systems have direct implications for legal certainty, contractual flexibility, and business strategies adopted by business actors.
Unlawful Act Claims in Land Auction Disputes: A Juridical Analysis of Court Decision No. 29/Pdt.G/2025/PN Kwg Gunawan Gunawan; Abu Nawas; Muh Nasir
BULETIN ADALAH Vol. 10 No. 1 (2026)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v10i1.50863

Abstract

Disputes arising from land auctions frequently involve claims of unlawful acts (perbuatan melawan hukum), particularly where alleged violations of legal rights occur during the auction process. However, not all contested auctions meet the legal threshold for liability under Article 1365 of the Indonesian Civil Code. This study addresses this issue by examining the juridical basis of unlawful act claims and the judicial reasoning applied in Court Decision No. 29/Pdt.G/2025/PN Kwg. This research employs a normative legal method using statutory, case, and conceptual approaches. Legal materials, including primary, secondary, and tertiary sources, are analyzed qualitatively to assess the legal standards governing land auction disputes. The findings demonstrate that unlawful act claims in land auction disputes require the fulfillment of key elements: an unlawful act, fault, damage, and causality. The court, in the examined decision, emphasized both procedural and substantive legality, including the validity of the auction object, the authority of auction officials, and the protection of affected parties. The ruling highlights that compliance with established legal procedures serves as a critical benchmark in determining the absence of unlawful conduct. This study contributes to clarifying the limits of civil liability in auction-related disputes and underscores the importance of legal certainty in auction practices. Keywords: Unlawful Act, Land Auction Dispute, Juridical Analysis, Court Decision, Civil Liability.
Co-Authors Abu Nawas Gilang Rizki Aji Putra Muh Nasir Muhammad Chotib Rasman Habeahan