Legitimacy: Journal of Law and Islamic Law
Vol. 1 No. 3 (2026): Legitimacy: Journal of Law and Islamic Law

Validity of Illegal SIM Card Sales Under Article 1320 Indonesian Civil Code




Article Info

Publish Date
01 Apr 2026

Abstract

This study critically examines the validity of illegal SIM card sales agreements under Article 1320 of the Indonesian Civil Code. The proliferation of digital telecommunications has triggered unlawful registrations using manipulated personal data, creating fundamental legal flaws in consumer contracts. Employing a normative juridical methodology, this research demonstrates that such illicit transactions categorically fail to fulfill the objective requirement of a lawful cause. Consequently, these defective agreements are deemed strictly null and void, mandating total restitution. Furthermore, the ensuing legal liability is multidimensional: civil liability burdens negligent sellers, strict administrative sanctions apply to telecommunication operators, and severe criminal penalties target data falsifiers. Injured consumers retain absolute rights to seek comprehensive compensation through robust dispute resolution mechanisms or formal civil litigation. Ultimately, this study highly recommends strengthening statutory regulations and harmonizing the Civil Code, Consumer Protection Law, and Personal Data Protection Law to ensure absolute national legal certainty for all citizens.

Copyrights © 2026






Journal Info

Abbrev

JOLIL

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legitimacy: Journal of Law and Islamic Law is a peer-reviewed academic journal dedicated to the advancement of scholarship in both legal studies and Islamic legal studies. Published three times annually in January, June, and August the journal serves as a comprehensive platform for the dissemination ...