Lentera Negeri
Vol. 7 No. 1 (2026): Lentera Negeri

Legal certainty gaps in cessie notification: a doctrinal comparison of the indonesian civil code and ojk consumer protection standards

Beny Anang Prihantoro (Faculty of Law, Padjajaran University)
Ema Rahmawati (Faculty of Law, Padjajaran University)
Gatot Yulianto (Faculty of Law, Padjajaran University)



Article Info

Publish Date
31 Jul 2026

Abstract

This study analyzes legal-certainty gaps in bank notification of the assignment of receivables (cessie) by comparing Article 613 of the Indonesian Civil Code with Articles 50 and 52 of Financial Services Authority Regulation Number 22 of 2023. It employs doctrinal legal research using statutory, conceptual, and case approaches. Primary legal materials were selected because they directly regulate assignment, banking prudence, consumer protection, electronic evidence, and personal data. Five anonymized case illustrations were purposively included because they describe notification, receipt, unilateral transfer, or third-party collection. Analysis used a norm-comparison matrix covering the agreed channel, proof of receipt, timing and confirmation, information completeness, and sanctions. The results identify ambiguity in the agreed means of correspondence, the absence of an explicit proof-of-receipt duty, inconsistent evidentiary standards between Articles 50 and 52, and insufficient operational rules on confirmation and documentation. The study proposes a technology-neutral, evidence-based notification standard that protects consumers while supporting prudential banking and legal certainty.

Copyrights © 2026






Journal Info

Abbrev

lentera

Publisher

Subject

Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Lentera Negeri welcomes submissions across a comprehensive range of academic disciplines, spanning the social sciences, humanities, natural sciences, applied sciences, and technology. Within the social sciences, the journal considers research in sociology, psychology and mental health, counseling ...