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Indah Purbasari
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Faculty of Law, University of Trunojoyo Madura, Indonesia Jl. Raya Telang - Kamal, Bangkalan.
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Trunojoyo Law Review
Published by Universitas Trunojoyo Madura
ISSN : 26861496     EISSN : 27152081     DOI : https://doi.org/10.21107/trl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Trunojoyo Law Review, published by Faculty of Law University of Trunojoyo, Madura. Its a biannual refereed journal concerned with the practice and processes of law and justice. It provides a forum for academics, practitioners and community representatives to explore issues and reflect on practices relating to the full range of engaged activity. This journal is a peer-reviewed online journal dedicated to the publication of high-quality research focused on research, implementation. The mission of Trunojoyo Law Reveiw is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of social science and humanities. This includes highlighting innovative endeavors; critically examining emerging issues, trends, challenges, and opportunities and reporting on studies of impact in the areas of law and justice. We proudly announce that Trunojoyo Law Reveiw has indexed by Google Scholar, Portal Garuda, Dimensions, etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Freedom of Contract in the Digital Age: Perspectives on the Indonesian Civil Code and Fiqh Muamalah Shoimah, Siti Nur
TRUNOJOYO LAW REVIEW Vol 8, No 1 (2026): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i1.32568

Abstract

This study examines the urgency of reconstructing the principle of freedom of contract in electronic contracts through a dialectical analysis between Article 1338 of the Indonesian Civil Code and the normative framework of fiqh muamalah. This reconstruction is crucial in the context of standard-form and digital contracts, which tend to place one party in a weaker bargaining position and expose it to unilateral clauses. The study aims to formulate a more equitable and ethically grounded conception of contractual freedom that can respond to contemporary commercial practices, particularly electronic and hybrid contracts. This article contributes to the development of contract law theory by integrating civil law rationality with Islamic legal values to address structural imbalances in contractual relations. Employing a doctrinal legal research method, this study applies statutory, conceptual, and comparative approaches, including an analysis of constitutional jurisprudence. The findings demonstrate that a formalistic application of the principle of freedom of contract often legitimizes inequality and weakens protections for disadvantaged parties, especially in standard-form contracts. These limitations are reinforced by Constitutional Court Decision No. 83/PUU-XXII/2024, which declared Article 251 of the Commercial Code (KUHD) on the unilateral termination of insurance contracts conditionally unconstitutional and affirmed that contract termination must be based on mutual consent or a court decision. Based on these findings, this study proposes a reconstructed model of freedom of contract encompassing substantive justice, an orientation toward maslahah (social welfare), and ethical contractual morality grounded in good faith and honesty. The study concludes that harmonizing the Indonesian Civil Code with fiqh muamalah, strengthened by constitutional justice, produces a more balanced, transparent, and welfare-oriented contractual framework without undermining contractual autonomy.
Legal Framework for Addressing Cybercrime Threats in Strengthening Indonesia’s National Defense and Security Shobri, Taufiq; Yusgiantoro, Purnomo; Navalino, Djoko Andreas; Sutanto, Sutanto
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August (On Progress)
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33492

Abstract

This study aims to analyze the forms of cybercrime threats in Indonesia and examine the existing legal framework for addressing them. The study contributes to strengthening the legal perspective on cybercrime regulation by identifying weaknesses in current regulations and proposing improvements to support national cybersecurity governance. This research employs a normative legal research method using statutory, conceptual, and case approaches. Data were collected through a literature review of laws and regulations, academic journals, policy reports, and other relevant legal sources, and analyzed qualitatively. The findings indicate that cybercrime threats in Indonesia continue to grow in both scale and complexity, including phishing, ransomware, malware attacks, Distributed Denial of Service (DDoS), and data breaches targeting government institutions and financial sectors. Although Indonesia has enacted several regulations, such as the Electronic Information and Transactions Law and the Personal Data Protection Law, the regulatory framework remains fragmented and lacks comprehensive legal provisions governing national cybersecurity. The study concludes that strengthening the legal framework and institutional coordination is essential to improve cyber defense and national security. Therefore, this study recommends developing a comprehensive cybersecurity law, improving inter-agency coordination, and enhancing capacity in cybersecurity governance to effectively address cybercrime threats in Indonesia.

Page 8 of 8 | Total Record : 72

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