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Jurnal Hukum Volkgeist
Published by Universitas Muhammadiyah Buton
ISSN : 2528360X     EISSN : 26216159     DOI : -
Core Subject : Humanities, Art,
Arts Humanities
Jurnal Hukum Volkgeist has a focus to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. It is an open access and peer-reviewed journal, published by Faculty of Law, Muhammadiyah University of Buton. The journal is a biannual which is published on April and December. Articles submitted might cover topical issues in Constitutional Law, Human Rights, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Adat Law, Criminal Procedural Law, Commercial Law, Administrative Law, Environmental Law and so forth which related to the Science of Law
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Articles 5 Documents
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Search results for , issue "Vol. 10 No. 2 (2026): JUNE" : 5 Documents clear
Legal Review Of Contract Design Obligations Based On The Principle Of Good Faith And Negotiation Responsibility SULAIMAN, SULAIMAN; Akbar Taufik Amrullah; Juliana
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8106

Abstract

The principle of good faith is a fundamental doctrine in Indonesian contract law, applying not only during the performance of a contract but also at the pre-contractual stage, particularly in negotiation and contract drafting. This study analyzes the regulation, application, and legal obligations arising from the principle of good faith before a contract is concluded, including the duties of disclosure, confidentiality, and serious negotiation. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that violations of good faith during negotiations may result in legal liability through tort based on the doctrine of culpa in contrahendo. Thus, the principle of good faith functions as a corrective mechanism to contractual freedom and as a protective instrument for weaker parties within contractual relations.
The Drafting of Legal Contracts as an Instrument of Legal Certainty and Protection Agung, Agung Abdul Rahman Wiyono; Purwaningtyas, Lovika Augusta
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8266

Abstract

Contracts are legal instruments that play an important role in creating legal certainty and protection for parties in civil and business relationships. Problems that often arise in practice are unclear clause formulations, imbalance in bargaining positions, and a lack of understanding of the principles of contract law, which have the potential to cause disputes. This study aims to analyze the drafting of legal contracts as instruments of legal certainty and protection. The method used is normative legal research with a legislative and conceptual approach, through a literature study of primary, secondary, and tertiary legal materials. The results of the study show that contract design that meets the requirements of a valid agreement as stipulated in the Civil Code and is based on the principles of freedom of contract, consensualism, good faith, and balance is capable of providing legal certainty and legal protection in a preventive and repressive manner. Thus, contracts that are designed systematically, clearly, and proportionally not only function as evidence but also as strategic instruments in creating fair, stable, and certain legal relationships.
Legal Issues of Land Rights in Post-Liquefaction Red Zones in Palu City Yanji, Non Sri Febby; Nurul Miqat; Asri Lasatu
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8269

Abstract

The designation of red zone areas after the 2018 liquefaction in Palu City has generated complex legal consequences for community land rights. This study examines how the red zone policy affects the legal status and protection of land rights holders and identifies the key normative and empirical problems that hinder the realization of legal certainty in the affected areas. A normative-empirical research design was employed, combining a statutory and conceptual approach with field data obtained from the Palu City Land Office and other relevant stakeholders. Data were analyzed qualitatively using deductive and interpretive legal reasoning. The findings indicate that the implementation of the red zone policy has not yet provided substantive legal certainty, as the government tends to prioritize relocation through permanent housing schemes while pressuring owners to relinquish their civil rights through grant-based mechanisms. The research also reveals juridical disharmony between spatial planning regulations and the guarantee of property rights under agrarian law, resulting in a “frozen” legal status of land and prolonged uncertainty. To restore legal protection, a land acquisition scheme with fair compensation is required as a more coherent and rights-based solution. Keywords: Land Rights; Legal Certainty; Liquefaction; Red Zone
Legal Protection In The Sale And Purchase Of Online Game Accounts Prohibited By Developers: A Normatif Study Of Mobile Legends. Baihaqi, Muchammad Ariqul; Yudhantaka, Lintang
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8270

Abstract

The development of digital technology has spurred the emergence of the practice of buying and selling online game accounts, including in the game Mobile Legends. This practice is widely carried out by the public even though it is explicitly prohibited by the developer through the Terms of Service. This study aims to analyze the legal status of online game account sales and purchase transactions based on Indonesian civil law and to examine the legal remedies available to aggrieved parties. The research method employed is a normative legal approach using statutory and conceptual frameworks. The findings indicate that the buying and selling of online game accounts fall into a legal gray area because they are not explicitly regulated by law, yet they can still be analyzed through the provisions of the Indonesian Civil Code regarding contracts. On the other hand, prohibitions by developers create a conflict of norms between civil law and private contractual provisions. Legal remedies that can be pursued include litigation and non-litigation avenues, although their effectiveness remains limited. Therefore, clearer legal certainty regarding digital asset transactions in Indonesia is needed.
Legal Protection for Patients in Online Health Service Agreements: A Normative Analysis of Structural Gaps and Reform Imperatives in Indonesia’s Telemedicine Regulatory Framework Sari, Patma; Rosnida; Irabiah; Beni Suswanto; Yeni haerani
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8279

Abstract

Purpose: This study aims to evaluate the adequacy of Indonesia’s regulatory framework in protecting patients within online health service agreements and to identify structural normative gaps that require legislative reform. Methods: Employing a normative legal research methodology combining statutory and conceptual approaches, the study analyzes primary legal sources including Law No. 17 of 2023 on Health, Government Regulation No. 28 of 2024, and Minister of Health Regulation No. 20 of 2019 on Inter-Facility Telemedicine Services (which primarily governs telemedicine between health facilities rather than direct doctor-patient teleconsultation through third-party applications), alongside consumer protection legislation and civil law principles, as well as secondary sources including academic literature and judicial decisions. Results: The findings reveal that the existing regulatory framework remains fragmented and contains structural gaps that undermine substantive legal protection for patients, particularly in determining professional liability when medical errors occur through digital platforms, ensuring the validity of electronic informed consent, and providing accessible remedies for aggrieved patients. The regulatory oversight body for personal data protection is still being strengthened, further limiting enforcement effectiveness. Conclusions: Indonesia urgently requires a comprehensive and integrated telemedicine statute that explicitly addresses the unique contractual and liability dimensions of digital health services, establishes clear data governance standards, defines platform operator responsibilities, and creates a dedicated dispute resolution mechanism suited to the online health environment. This study contributes to the field by offering a systematic normative mapping of existing gaps and proposing a concrete legislative reform agenda distinct from prior scholarship that addressed only general physician-patient relationships.

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