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Dr. Hamzah, S.H,. M.H
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Gedung B, Fakultas Hukum, Universitas Lampung, Jln. Prof. Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, Indonesia 35145
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INDONESIA
Indonesia Private Law Review
Published by Universitas Lampung
ISSN : 2723259X     EISSN : 27459284     DOI : 10.25041/iplr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law Review, law development must integrate and synergize with other sectors of development. SCOPE The Indonesian Private Law Review scope discusses matters regarding the legal grounds, implementation, and law and development of the private law field. The journal encourages contributions on fields that have correlation or interests to the following discussions: Agreement International trade Islamic law Family law Adat law Business and economy law Intellectual Property Rights Civil Code of Indonesia or burgerlijk wetboek Commercial Code of Indonesia or Wetboek van Koopenhandel voor Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "vol. 7 no. 1 (2026)" : 6 Documents clear
CROP INSURANCE AS PROTECTION FOR FARMERS: A STUDY OF NORMS AND PRACTICES IN INDONESIA Elisatris Gultom; Manisha Ramadanni; Ramalinggam Rajamanickam
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.4669

Abstract

Indonesia’s agricultural sector remains dominated by traditional rice farming that contributes modestly to GDP, while farmers face rising risks of crop failure due to climate change and other external factors. This condition reveals a gap between the legal objective of farmer protection and empowerment and the practical effectiveness of crop insurance through the Rice Farming Insurance Program (Asuransi Usaha Tani Padi/AUTP). This article examines whether AUTP constitutes a legally valid general insurance contract under Indonesian civil and commercial law and assesses its effectiveness as a protection mechanism for rice farmers. Using a normative juridical method based on secondary data, the study applies statutory, conceptual, and case approaches to analyze AUTP regulations in relation to empirical findings from prior research. The results indicate that AUTP fulfills the essential elements of loss insurance and qualifies as an innominate contract under Article 1319 of the Civil Code in conjunction with Articles 246 and 247 of the Commercial Code. However, its practical effectiveness remains limited due to internal constraints, including low insurance literacy, premium affordability, and participation rates, as well as external constraints related to institutional capacity, claim mechanisms, and climate-related production risks. These findings suggest that further strengthening of AUTP’s implementation design is necessary to achieve effective farmer protection.
THE PARADIGM SHIFT IN CONTRACT INTERPRETATION: A COMPARATIVE ANALYSIS OF INDONESIA, NEW ZEALAND, THE CISG, AND THE UPICC Mursal Maulana; Jani Purnawanty; Rafan Darodjat; Meliesa Permatahati; Michael Wolff
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.4681

Abstract

Contract interpretation remains a contested issue in contract law, particularly under the Indonesian Civil Code, which reflects a civil law tradition that prioritizes textual interpretation. Modern commercial practice, however, demands a more contextual approach. This article examines how Indonesia can modernize its interpretive framework through a normative comparative analysis of the Indonesian Civil Code and the contract law of New Zealand, with reference to the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. The study finds that contemporary contract law has shifted toward an objective contextual approach that preserves the primacy of contractual language while incorporating commercial context, reasonableness, and good faith. Incorporating this approach into the Indonesian Civil Code would enhance interpretive consistency, strengthen judicial reasoning, and provide a principled foundation for contract law reform in Indonesia.
REGULATING THE PROTECTION OF CRYPTOCURRENCY EXCHANGES TO PREVENT SYSTEMIC RISKS AND CONSUMER RIGHTS VIOLATIONS IN INDONESIA Budi Hermono; Ellectrananda Anugerah Ash-sidiqqi; Rindia Fanny Kusumaningtyas; Mutiara Dwi Sari
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.4761

Abstract

The rapid growth of cryptocurrency trading in Indonesia presents both opportunities and systemic risks to the national financial system. Cryptocurrency exchanges, as digital asset intermediaries, remain vulnerable to fraud , cyberattacks, market manipulation, and regulatory uncertainty. This study examines the legal framework for exchange protection, highlighting the absence of integrated regulation combining financial security, consumer protection, and technological governance, despite the transfer of authority from Badan Pengawas Perdagangan Berjangka Komoditi or Bappepti to Otoritas Jasa Keuangan (OJK) or Financial Services Authority. Using a normative juridical approach and comparative analysis of Japan and Singapore, the findings show the need for an adaptive and integrated regulatory model that strengthens transparency, accountability, and consumer trust while supporting financial innovation. Establishing such a framework is essential to mitigate systemic risk, reinforce public trust and ensure sustainable financial development aligned with global governance standards and the Sustainable Development Goals (SDGs).
TRADEMARK PROTECTION AND SUSTAINABLE DEVELOPMENT: A COMPARATIVE STUDY OF INDONESIA, OMAN, AND THE PHILIPPINES I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Souad Ahmed Ezzerouali; Princess Alyssa Tee-anastacio
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.4775

Abstract

Trademark protection is a fundamental element of intellectual property law that supports innovation, economic growth, and legal certainty while increasingly contributing to sustainable development through fair business practices, local market strengthening, and sustainable employment. This study examines trademark protection regimes in Indonesia, Oman, and the Philippines using a normative and comparative legal approach to assess their contribution to the Sustainable Development Goals, particularly in relation to economic growth, innovation, and institutional strength. The findings show that although all three countries formally recognize the importance of trademark protection, they differ significantly in regulatory design and enforcement, with Indonesia facing persistent enforcement challenges, Oman demonstrating strong legal structure but limited practical effectiveness, and the Philippines adopting a more adaptive and institutionally robust approach. The study concludes that trademark protection can function as an effective tool for sustainable development if supported by stronger institutional capacity, greater alignment with international standards, and enhanced regional cooperation.
PUBLIC INTEREST, STATE CONTROL, AND PROPORTIONAL COMPENSATION: CONSTITUTIONAL TENSIONS IN INDONESIA'S LAND ACQUISITION REGIME Rosmidah Rosmidah; Adeb Davega Prasna; Arjun Deswal
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.5043

Abstract

This article examines normative distortions arising from the expanded meaning of public interest in land acquisition policies in Indonesia and their impact on compensation proportionality. Data from the Agrarian Reform Consortium show that infrastructure-related agrarian conflicts rose from 212 cases in 2022 to 241 in 2023, indicating that compensation mechanisms fail to meet substantive justice. Using a normative juridical approach with conceptual and constitutional analysis, this article argues that the expansion of public interest under Law No. 2 of 2012, including investment and National Strategic Projects, has weakened proportionality. Compensation has shifted from full restitution of community losses to limited replacement of physical land and assets. This shift fails to satisfy key proportionality requirements: suitability of purpose, necessity of means, and balance between public benefit and individual burden, as mandated by Article 33 of the 1945 Constitution. The article concludes that without redefining the constitutional limits of public interest, land acquisition will continue to favor economic interests at the expense of citizens’ rights, particularly those of indigenous communities.
LEGAL RECOGNITION OF METAVERSE PROPERTY RIGHTS AND THE TRANSFER OF VIRTUAL ASSETS IN INDONESIAN PRIVATE LAW Zico Junius Fernando; Mas Putra Zenno Januarsyah; Firdaus Arifin; Vidyadhara Prawiratama Nugraha; Fardana Kusumah
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.5183

Abstract

Metaverse has transformed virtual assets into economically valuable objects that challenge conventional concepts of property under Indonesian private law. Although virtual assets such as cryptoassets, non-fungible tokens (NFTs), and metaverse property are widely traded, their legal status remains uncertain, creating ambiguity regarding ownership, transfer, and legal protection. This study examines the normative basis for recognizing virtual assets as objects of property rights within Indonesia's civil law system. Using a normative juridical method with a comparative approach, the study analyzes Indonesian private law alongside developments in England and Wales, Singapore, Japan, and the European Union. The findings demonstrate that virtual assets satisfy the defining characteristics of intangible property, including identifiability, exclusive control, transferability, and economic value, making them capable of recognition as objects of proprietary rights. The study further argues that blockchain-based transfers and smart contracts can operate as legally valid mechanisms for transferring ownership when supported by appropriate legal recognition. To strengthen legal certainty, Indonesia should recognize virtual assets as a distinct category of intangible property, adapt property law to digital transactions, strengthen proprietary remedies, and modernize dispute resolution and cross-border enforcement. These reforms would provide a coherent legal framework for protecting virtual assets and support the development of Indonesia's digital economy.

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