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Leges Privatae
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30483123     DOI : 10.62872/h75hwb10
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Leges Privatae (LP) is a peer-reviewed, open access international journal that discusses politics of law in general and discuss discourses on the development of civil law and government policy from various perspectives. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal.
Arjuna Subject : Umum - Umum
Articles 38 Documents
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Legal Certainty in the Division of Joint Property after Divorce Firayani, Firayani
Leges Privatae Vol. 1 No. 3 (2024): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jz3yrc79

Abstract

This study aims to analyze the legal certainty in the distribution of joint property after divorce, with an emphasis on the challenges faced in the implementation of the law in Indonesia. The division of joint property is a crucial issue in the context of divorce which often causes disputes between former spouses, where the principles of justice and equality should take precedence. In this study, a normative juridical approach is used to examine laws and regulations, legal doctrines, and court decisions related to the division of common property, with a focus on Law Number 1 of 1974 concerning Marriage and the Civil Code. The results show that despite the legal provisions governing the division of common property, its implementation is often hampered by various factors, including differences in interpretation among judges, the existence of cultural values that influence decisions, and technical obstacles in asset valuation. Variations in court decisions create legal uncertainty that not only harms one party, but also impacts the welfare of children involved in divorce. Uncertainty about the rights and obligations of each party has the potential to cause prolonged conflicts and harm all parties. As part of the analysis, the study also highlights the social and economic impact of legal uncertainty in the distribution of assets, especially for the financially weaker parties. To improve fairness and certainty in the division of common property, this study recommends the need for more detailed and uniform guidelines in court decision-making procedures, as well as harmonization between national and local regulations. Thus, it is hoped that the process of distributing joint property after divorce can be carried out in a fairer, more efficient, and transparent manner, so that the interests of all parties, especially children, can be well protected.
Civil Law in the Context of Inheritance: Drafting a Validand Functioning Will Arianti, Fitri
Leges Privatae Vol. 1 No. 3 (2024): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/05029469

Abstract

This research aims to explore the aspects of civil law related to inheritance with a focus on the preparation of legal and functional wills in Indonesia. Wills are important documents in estate planning that can reduce potential disputes between heirs. However, public understanding of the importance of wills and the legal provisions that govern them is still low. Through a normative juridical approach, this study collects data from literature studies, analysis of laws and regulations, case studies, and interviews with legal practitioners and the public. The results of the study show that the involvement of notaries in the preparation of wills is very important to ensure the validity of documents and prevent disputes. Although there are various educational programs regarding wills, their effectiveness still needs to be improved. The recommendations resulting from this study include the need for increased cooperation between legal practitioners, educational institutions, and community organizations in educating the public on the importance of heritage planning. Thus, it is hoped that public awareness of the preparation of wills will increase, so that the practice of inheritance planning in Indonesia can be more effective and in accordance with the applicable legal provisions.
Principles Of Islamic Law In Indonesia Civil Law : A Study Of Obligations In Agreements And Contracts Tuhumury, Harry
Leges Privatae Vol. 1 No. 4 (2024): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/a7mnpq88

Abstract

This study examines the application of Islamic legal principles in Indonesian civil law, with a focus on obligations in agreements and contracts. Although principles of Islamic law, such as Justice (‘adl), transparency (bayan), and the Prohibition of usury, have been applied in some sectors of civil law, there are significant challenges in integrating these two legal systems. This study found harmony in several aspects, such as protection against weak parties to the contract, but there are also discrepancies, especially in freedom of contract which is more emphasized in civil law. In addition, the lack of harmonized regulations and the lack of uniform implementation guidelines often lead to legal conflicts and uncertainty. The study recommends revisions to legislation to accommodate Sharia principles in civil agreements and contracts, as well as the drafting of uniform guidelines for Legal Practitioners. The results of this study are expected to be a theoretical foundation for the development of national law that is more inclusive and relevant to the needs of the Indonesian people.  
The Impact of Economic Nationalism Policies on Global Cooperation: A Case Study of The Covid-19 Pandemic Somad, Abdul; Fatmawati, Fatmawati
Leges Privatae Vol. 1 No. 4 (2024): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xrm4xy17

Abstract

This study analyzes the impact of Indonesia's economic nationalism policy on global cooperation during the COVID-19 pandemic. By implementing policies such as import restrictions, domestic sector incentives, and local product promotion, Indonesia aims to protect the national economy and reduce dependence on foreign products. Although these policies help strengthen the domestic economy, their impact on international trade relations and foreign direct investment (FDI) is quite significant. The decline in FDI in 2020 and tensions with trading partners related to protectionist policies are major challenges for Indonesia's global economic cooperation. This study uses a qualitative approach with data collection techniques through literature studies and analysis of government policy documents, as well as secondary data from scientific articles and international reports. The results of the study indicate that Indonesia's economic nationalism policy provides short-term benefits for economic stability, but poses risks to international competitiveness and long-term economic cooperation.
Legal Protection Of Intellectual Property Rights In Indonesia Civil Law : Perspectives And Challenge In The Digital Era Prihatin, Lilik; Listyowati, Maria Yosepin Endah
Leges Privatae Vol. 1 No. 4 (2024): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/m0djyb38

Abstract

This research explores the legal protection of Intellectual Property Rights (IPR) in Indonesia’s civil law, focusing on the perspectives and challenges in the digital era. With the rapid advancement of digital technology, the landscape of intellectual property has significantly evolved, creating both opportunities and risks. The study examines the existing legal frameworks that safeguard IPR in Indonesia, analyzing the effectiveness of current laws in protecting creators' rights amidst technological advancements. The research identifies key challenges such as the inadequacy of regulations to keep up with digital innovations, the rise of online piracy, and difficulties in enforcement. By comparing Indonesia's IPR protection system with global practices, this paper also suggests improvements and recommends policy adjustments. The findings underscore the importance of adapting the legal infrastructure to address the complexities of the digital era, ensuring better protection for creators, and promoting innovation. The study highlights the critical role of government agencies, public awareness, and international collaboration in reinforcing IPR safeguards.
LEGAL RESPONSIBILITY OF BUILDING OWNERS TOWARDS FIRE VICTIMS: A CIVIL LAW PERSPECTIVE Suhermi; Windarto; Oktaviani, Firya
Leges Privatae Vol. 1 No. 4 (2024): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/py8vye04

Abstract

Fire is a disaster that is often caused by the negligence of building owners in meeting the required safety standards, threatening both property and human lives. This study aims to evaluate the legal responsibility of building owners within the civil law system, particularly regarding negligence that leads to physical and material losses. The research is conducted using a normative juridical method, focusing on the analysis of relevant regulations, such as Law No. 28 of 2002 on Building Construction, Law No. 24 of 2007 on Disaster Management, and provisions in the Civil Code (KUHPerdata), especially Article 1365.  The research findings indicate that, although existing regulations have outlined the obligations of building owners to prevent fires, the implementation faces various challenges. These challenges include insufficient supervision, suboptimal law enforcement, and lengthy legal processes for victims to obtain justice. The study identifies a gap between legal norms and field practices, resulting in the difficulty of enforcing building owners' responsibilities. Through this study, it is hoped that solutions can be found to strengthen the civil law system, ensuring that building owners are held more accountable and fire prevention efforts are effectively implemented, providing optimal protection for building occupants and users.
Application of Pacta Sunt Servanda Principle in District Court Decision Aisyah, Siti; Dianita, Andi Citra; Ismiyanti, Ismiyanti; Hasmiati, Hasmiati; Salmi, Salmi
Leges Privatae Vol. 1 No. 5 (2025): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/eh6j7589

Abstract

The Pacta Sunt Servanda principle is one of the fundamental principles in the law of agreements which emphasizes that every agreement made legally binds the parties like a law. This research aims to analyze the application of the Pacta Sunt Servanda principle in the Indonesian legal system, especially in court decisions, and identify exceptions to the principle. The research method used is a normative juridical approach by analyzing laws and regulations, court decisions, and relevant legal literature. The results showed that this principle is regulated in Article 1338 paragraph (1) of the Civil Code, which emphasizes that a valid agreement must be carried out in good faith. However, there are exceptions in certain circumstances, such as force majeure (Article 1245 of the Civil Code) and the principle of justice in Article 1339 of the Civil Code. Case studies of court decisions show that although the principle of Pacta Sunt Servanda is generally applied consistently, there are variations in its interpretation, especially in cases involving public interest and consumer protection. The implication of this research is the need for caution in drafting contracts so that they do not only fulfill the elements of legality, but also consider aspects of justice and propriety. Thus, this research provides insights for academics, legal practitioners, and policy makers in understanding the dynamics of the application of Pacta Sunt Servanda in Indonesian treaty law.
Legal Analysis of Islamic Family Civil Dispute Settlement Through Mediation Norcahyono, Norcahyono
Leges Privatae Vol. 1 No. 5 (2025): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z4543031

Abstract

The resolution of Islamic family civil disputes through mediation has been regulated in national regulations, particularly in Supreme Court Regulation (Perma) No. 1 of 2016. However, the implementation of this policy still faces various obstacles that hinder its effectiveness in peacefully resolving family disputes. This study aims to analyze the regulations governing mediation in the resolution of Islamic family disputes in Indonesia, evaluate the effectiveness of the applicable laws, and provide recommendations to enhance the role of mediation in the religious court system. Using a normative juridical method with a statute approach, this research examines how existing regulations have been implemented in practice and whether there is a need for revisions or improvements in the mediation system. The findings indicate that although mediation is mandatory in family dispute resolution, its success rate remains low due to limited public awareness, a shortage of certified mediators, and a lack of supervision and evaluation of its effectiveness.Therefore, strengthening the role of mediation is necessary by increasing mediator capacity, promoting the benefits of mediation to the public, and reinforcing regulations to ensure the optimal implementation of mediation. Thus, mediation is expected to become an effective solution in reducing the burden of cases in religious courts and achieving a more harmonious and fair resolution of family disputes.
Legal Implications of Pledge Injuries in Banking Credit Agreements Anam, Khoirul
Leges Privatae Vol. 1 No. 5 (2025): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xef02d17

Abstract

This study examines the legal implications of default (breach of contract) in banking credit agreements in Indonesia. Credit agreements play a crucial role in the banking sector, providing financial support for individuals and businesses. However, defaults in credit agreements have become a significant issue, affecting not only debtors and creditors but also the stability of the financial system. This research employs a normative legal method with a statutory approach, analyzing relevant laws and regulations such as the Indonesian Civil Code (KUH Perdata), Law No. 10 of 1998 on Banking, and OJK Regulations. The findings reveal that default in credit agreements is caused by various factors, including financial incapacity, unfavorable economic conditions, force majeure, bad faith of debtors, and bank mismanagement. The study also highlights the legal consequences of default, which include penalties, asset seizures, and litigation or non-litigation dispute resolution mechanisms. While litigation provides stronger legal certainty, it is time-consuming and costly, whereas non-litigation methods such as mediation and arbitration offer faster and more flexible resolutions. This study emphasizes the need for improved regulatory enforcement and preventive measures, such as enhanced risk assessment, debtor monitoring, and early warning systems to mitigate default risks. Strengthening collaboration between banks, regulators, and the judiciary is also essential to ensure effective legal protection for all parties involved in credit agreements.
Juridical review of Consumer Dispute Resolution in Online Marketplace Transactions Ayu, Hanuring; Zuhri, Lahmuddin; Rosalia, Olyvia; Firayani
Leges Privatae Vol. 1 No. 5 (2025): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/vp5msa90

Abstract

The development of digital technology has driven the growth of online transactions through marketplace platforms, providing convenience for consumers in shopping. However, as electronic transactions increase, various disputes have arisen between consumers and business actors, such as mismatched products, delayed deliveries, and fraud. This study aims to examine the consumer dispute resolution mechanisms in marketplace transactions from a legal perspective, assess the effectiveness of existing regulations, and identify the challenges faced in their implementation. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that existing regulations, such as the Consumer Protection Law and the Electronic Information and Transactions Law (ITE Law), have not been fully effective in providing legal certainty for consumers. Differences in dispute resolution mechanisms across marketplaces and low consumer legal literacy are the main obstacles in protecting consumer rights. Therefore, it is necessary to strengthen regulations, ensure transparency in dispute resolution procedures, and improve consumer education to optimize the consumer protection system in electronic transactions.

Page 2 of 4 | Total Record : 38

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