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Agus Rahmad
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INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "Vol. 2 No. 4 (2025): JHK-June" : 2 Documents clear
The Urgency of Civil Law Reform in Responding to the Development of Artificial Intelligence in Automatic Contracts Khuan, Hendri
Jurnal Hukum dan Keadilan Vol. 2 No. 4 (2025): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i4.363

Abstract

The rapid development of Artificial Intelligence (AI) technology has led to the emergence of smart contracts that revolutionize conventional contract law practices. However, Indonesia's civil law system, which still relies on the Civil Code (KUHPer), has yet to accommodate digital entities or address the validity of AI-generated contracts. Furthermore, there is no clear regulation regarding legal liability for errors or damages caused by AI in the implementation of automated contracts. This research aims to analyze the urgency of Indonesian civil law reform in addressing the rise of AI-based contracts and to provide normative recommendations for developing technology-adaptive laws. This study uses a normative juridical method with statutory, conceptual, and comparative legal approaches, examining regulations in Indonesia and other jurisdictions such as the European Union and Singapore. The study finds that Indonesia’s current Civil Code is inadequate to address the complexities of smart contracts, particularly regarding the legal status of AI as a non-human actor, the validity of automated agreements, and liability for AI-driven decisions. The discussion emphasizes the importance of legally recognizing smart contracts and reformulating civil law norms to include digital legal subjects, clear validation mechanisms for AI-generated contracts, and the principles of prudence and accountability. In conclusion, reforming civil law is a strategic necessity to ensure legal certainty, uphold justice, and support the sustainable development of Indonesia’s digital economy.
Business Cooperation Agreements in the Perspective of Civil Law: Legal Risks and Protection Mambu, Joupy Gustaf Z
Jurnal Hukum dan Keadilan Vol. 2 No. 4 (2025): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i4.378

Abstract

Business cooperation agreements are a form of contractual that is increasingly used in modern business practices, even though it is not explicitly regulated in the Civil Code and is classified as an innominate agreement. This study aims to analyze the validity and form of legal protection in business cooperation agreements based on normative juridical approaches. The main focus of the research is on the fulfillment of the legal requirements of the agreement (Article 1320 of the Civil Code), the principle of freedom of contract (Article 1338), and the potential violation of the principle of business competition as regulated in Law No. 5 of 1999. The results of the study show that although freedom of contract provides flexibility for the parties, the substance of the agreement must still meet the standards of fairness and compliance with positive laws. An imbalance in the relationship between the parties involved as well as unilateral clauses can create legal risks and contractual unfairness. Therefore, it is important to apply the principles of good faith, clarity of clauses, and adaptive dispute resolution mechanisms. This study recommends strengthening the contract structure based on the principles of fairness and dual compliance with civil law and business competition law as an effort to realize legal, fair, and competitive cooperation in the eyes of the law.

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