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INDONESIA
Yustisia Tirtayasa: Jurnal Tugas Akhir
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 28072863     EISSN : 28071565     DOI : http://dx.doi.org/10.51825/yta
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Yustisia Tirtayasa: Jurnal Tugas Akhir also known as Yustisia Tirtayasa is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 142 Documents
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The Legal Framework Governing BUMDes in Indigenous Communities: The Case of the Baduy Community Mohamad Noor Fajar Al Arif Fitriana; Ahmad Fauzi
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 6, No 1 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v6i1.32745

Abstract

Village-Owned Enterprises (BUMDes) have emerged as a key instrument of Indonesia’s decentralized rural development strategy, aiming to strengthen local economies and enhance village-generated revenue. However, the implementation of BUMDes within indigenous communities presents unique legal and institutional challenges due to the coexistence of state law and customary governance systems. This study examines the legal framework governing the establishment and management of BUMDes in the Baduy Indigenous Community and analyzes its role in supporting community-based economic development. Employing a socio-normative legal approach, the research combines the analysis of statutory regulations, regional legal instruments, and secondary legal materials with an assessment of their implementation in the Baduy context. The findings demonstrate that the legal basis for BUMDes in the Baduy community is derived from national, ministerial, and regional regulations governing village administration and rural economic enterprises. The study further reveals that the successful introduction of BUMDes depends on the adaptation of institutional arrangements to indigenous values through legal socialization, community participation, and the alignment of business activities with customary norms. The novelty of this research lies in its examination of BUMDes through the lens of legal pluralism, highlighting the interaction between state-based village governance and indigenous customary institutions. The study contributes to the discourse on indigenous economic governance by proposing a legally adaptive model for integrating rural economic development initiatives within customary communities.
Liability of Goods Delivery Service Providers for Employee Misconduct Causing Harm to Consumers Chezia Maharany; Surahmad Surahmad
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol 6, No 2 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v6i2.42017

Abstract

The rapid expansion of e-commerce has increased reliance on goods delivery services while simultaneously generating more disputes concerning consumer losses arising from employees' conduct during service performance. Although Indonesian consumer protection law recognizes the liability of business actors, the scope of that liability remains contested when losses result directly from employees' actions rather than institutional policies. This study examines the legal relationship among business actors, employees, and consumers, and evaluates the normative basis of business actors' liability through an analysis of Supreme Court Decision Number 175 K/Pdt.Sus-BPSK/2021. Employing normative juridical research with statutory and case approaches, the study analyzes legislation, judicial decisions, and legal doctrine to clarify the allocation of legal responsibility within consumer transactions. The findings demonstrate that business actors bear primary responsibility for consumer losses caused by employees acting within the scope of their employment, regardless of whether the misconduct reflects individual negligence or institutional fault. This conclusion is grounded in the principles of consumer protection and vicarious liability under Indonesian law. The study contributes to consumer protection scholarship by developing a coherent framework for attributing liability to business actors, thereby strengthening legal certainty, enhancing consumer remedies, and providing clearer guidance for dispute resolution.

Page 15 of 15 | Total Record : 142

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