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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 67 Documents
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THE SUBJECT ELEMENT IN CONTRACT AND OBLIGATION: A COMPARATIVE ANALYTICAL LEGAL STUDY Tarrad, Abdullah Mukhlif
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4086

Abstract

This research addresses a key issue concerning the distinction between the contract subject and the obligation subject—whether they are separate concepts, interchangeable, or one replaces the other. The matter is complex, particularly as the Iraqi Civil Code refers to the contract subject inconsistently: sometimes as a core element of the contract, and other times as the obligation subject. This inconsistency has led to confusion, highlighting the need for a clear distinction between the two. The study aims to clarify this ambiguity, underscore the importance of differentiating the terms, and establish a standard to distinguish between them.
ANALYZING BANKRUPTCY CANCELLATION THROUGH THE PRINCIPLE OF JUSTICE: A CASE STUDY OF INTIDANA COOPERATIVE Kristianto, Adiel Mischa; Suteki, Suteki; Geofrey, Mahoro Jean Claude
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4196

Abstract

Indonesian bankruptcy law, regulated under Act Number 37 of 2004, has yet to fully realize its principles, resulting in legal uncertainty and gaps in implementation. A notable example is the Intidana Cooperative bankruptcy case, where a cassation ruling was later overturned through a Review Court decision. This study analyzes the revocation of Intidana Cooperative’s bankruptcy through the lens of the Principle of Justice in Act Number 37 of 2004, reinforced by John Rawls’ Theory of Justice. Using descriptive analysis of legal documents, government policies, and prior studies, the research finds that the Judicial Review decision upheld the Principle of Justice by recognizing cooperative members as the least advantaged party. Petitioners for bankruptcy were themselves cooperative members, while other members lacked the power to influence cooperative actions without a resolution from the Cooperative Members’ Meeting, placing them in a vulnerable position requiring judicial protection. The study concludes that while justice was realized in this case, existing provisions safeguarding the interests of cooperative members in bankruptcy require further review to ensure equitable outcomes for all parties.
SYSTEMIC FAILURES IN PROMOTING LEGAL CULTURE OF INTELLECTUAL PROPERTY RIGHTS AMONG INDONESIA’S CREATIVE ECONOMY ACTORS Rahmaidha, Dewandira Darruning Sripradnya; Sulistiyono, Adi; Kusumo, Ayub Torry Satrio; Aziz, Sannia
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4224

Abstract

The creative economy (CE) is a vital driver of national economic growth, yet awareness of Intellectual Property Rights (IPR) among Creative Economy Actors (CE Actors) remains low, with many failing to protect, register, or own IPR. This weak legal culture poses a major barrier to effective IPR protection. This research analyzes the factors behind the government’s failure to foster an IPR legal culture and formulates strategies to strengthen awareness and ownership among CE Actors. Using a socio-legal approach that combines doctrinal legal analysis with empirical investigation, the research identifies systemic obstacles, including inconsistent presidential commitment, the absence of operational frameworks at subnational levels, weak professionalism within the legal bureaucracy, and the lack of IPR and creative economy education. To address these challenges, the government must establish firm and sustained presidential commitment, enact comprehensive implementing regulations, set professionalism standards for relevant bureaucracies, reinforce both internal and external legal culture, and integrate IPR and creative economy content into educational curricula. Coordinated action on these fronts is essential to increase IPR ownership, strengthen legal protection, and support the sustainable growth of Indonesia’s creative economy.
STRENGTHENING ACCOUNTABILITY IN INDONESIAN NOTARIAL PRACTICE: THE LEGAL GAP ON LIABILITY FOR BACKDATED DEEDS Afwija, Zahwa Maulidina; Oktafia, Yeni; Ghofar, Abdul
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4459

Abstract

The issuance of backdated deeds raises serious legal concerns as it can misrepresent facts and violate procedural requirements under Indonesian notarial law. Although a notarial deed’s formal validity relies on its authenticity, backdating undermines this integrity and may result in significant legal consequences. Law Number 30 of 2004 concerning the Notary Profession (UUJN) and its amendments do not explicitly regulate notary liability toward third parties who suffer losses, creating a normative gap and weakening legal protection. This study examines the legal implications of backdated deeds and the scope of notary liability using a normative juridical approach with statutory and conceptual analyses, focusing on the interrelation of administrative, civil, and criminal responsibilities. Findings indicate that a notary may face administrative sanctions under Articles 12 and 65A UUJN, civil liability under Articles 1243 and 1365 KUHPerdata, and criminal sanctions under Articles 263 and 264 KUHAP. These results underscore the need for regulatory reform to ensure accountability and strengthen legal certainty, and the study recommends enhancing notarial prudence and ethical compliance, reinforcing supervisory oversight, and revising notarial law to provide explicit sanctions and protection for parties harmed by backdated deeds.
LEGAL PROTECTION FOR NFT INVESTORS IN INDONESIA’S DIGITAL CREATIVE INDUSTRY: A TRANSFORMATIVE AND DEVELOPMENTAL LAW APPROACH Abidin, Muhammad Ilman; Ramli, Ahmad M.; Rafianti, Laina; Kumar Jha, Gautam
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4130

Abstract

Investment in Non-Fungible Tokens (NFTs) is rapidly emerging in Indonesia, presenting both opportunities and challenges for the digital creative industry. As unique crypto assets, NFTs enable new ways to own and trade digital and physical goods, but current regulations, including the Commodity Futures Trading Law and Bappebti guidelines, do not fully address these transactions, creating legal gaps and increasing risks of fraud, money laundering, and market manipulation. Despite this, NFT communities like the Superlative Secret Society in Bali, supported by the Ministry of Creative Economy, have fostered creativity and economic activity. This study employs a normative juridical and comparative law approach to explore legal theories suitable for protecting NFT investments, finding that frameworks based on Ahmad M. Ramli’s transformative law and Mochtar Kusumaatmadja’s developmental law can ensure legal certainty, security, and fairness. The study concludes that comprehensive legal reforms are essential to safeguard investors and sustain the growth and international competitiveness of Indonesia’s digital creative industry.
Semi-Public Restructuring: Good Faith and Business Continuity in Indonesian Go-Public Company Bankruptcies Kurniawan, Itok Dwi; Septiningsih, Ismawati; Subekti, Rahayu; Siallagan, Sahat Poltak; Fatimah, Fines
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4498

Abstract

Indonesia’s insolvency framework is currently suboptimal in accomodating rapid creditor enforcement with preserving viable firms, particularly publicly listed companies where market signaling and minority interests are at stake. This article proposes the adoption of a semi-public restructuring regime that combines private negotiation (pre-packs) with structured judicial oversight similar to scheme procedures, including limited moratorium and cram-down powers. Using a normative juridical method supported by case analysis (including Garuda’s dual-track restructuring) and interviews with supervisory judges, the paper: (1) identifies legal and practical shortcomings of PKPU/Bankruptcy under Law No. 37/2004; (2) compares UK Part 26A, US Chapter 11, and regional moratorium models; and (3) formulates statutory reforms to operationalize semi-public restructuring in Indonesia. The proposal rests on three core pillars: a mandatory insolvency test, a time-bound moratorium to facilitate rescue, and judicially supervised cram-down with strengthened disclosure obligations to safeguard minority creditors.
JUDICIAL PRACTICES IN ENFORCING POST-DIVORCE MAINTENANCE RIGHTS FOR WOMEN AND CHILDREN IN INDONESIA Fahmi, Ahsanul; Nasir, Muhammad; Anshari, Nur; Aminah, Aminah; Nurunnabi, Mohammad
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4608

Abstract

Although CEDAW, the CRC, Indonesian law, and Supreme Court regulations provide a normative basis for protecting women’s and children’s rights after divorce, implementation in practice remains challenging. This paper examines how Religious Courts ensure the fulfillment of these rights, offering the first systematic analysis of post-divorce alimony enforcement as an expression of the courts’ regelende functie. Using a normative method with statutory and conceptual approaches, the study shows that while few divorce rulings explicitly include alimony provisions, the Supreme Court has strengthened judicial authority through several SEMA aimed at protecting vulnerable parties. These reforms are reflected in innovative practices in Surabaya, Gresik, Bengkulu, and Bontang, where institutional collaboration, salary deductions, and digital monitoring systems have improved the effectiveness and certainty of alimony enforcement.

Page 7 of 7 | Total Record : 67

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