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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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Responsibility of E-Commerce Platforms to Consumers for illegal Products in Indonesia khaerudin, Ariy; Rosalia, Olyvia; Firayani; Nasim, Abu Sahman
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/ebwg8t95

Abstract

The expansion of e-commerce in Indonesia has significantly transformed digital transactions, offering unparalleled convenience while simultaneously giving rise to pressing legal concerns regarding the distribution of unauthorized goods. Items such as unregulated pharmaceuticals, harmful beauty products, and counterfeit merchandise are increasingly prevalent on online marketplaces, endangering consumer safety. This research adopts a normative juridical framework, incorporating legislative, theoretical, and case-study approaches to examine the extent of liability e-commerce platforms bear in facilitating the trade of illegal products. Under Indonesia’s Consumer Protection Law, Trade Law, and the Electronic Information and Transactions (ITE) Law, these platforms are expected to regulate and oversee transactions, yet in practice, accountability predominantly falls on individual vendors. The principles of strict liability and vicarious liability provide a legal basis for evaluating platform responsibility in such cases. Findings suggest that enforcement mechanisms remain insufficient, allowing gaps in regulatory oversight. To address this, robust policies must be introduced, including stringent verification protocols for sellers and products, alongside stronger governmental supervision of digital commerce. Strengthening these regulatory frameworks will not only enhance consumer rights but also curtail the proliferation of illegal goods across e-commerce platforms, ensuring a safer and more accountable online marketplace.
Consumer Protection in Digital Transactions: An Evaluation of Regulation and the Effectiveness of Law Enforcement Anwar, Anwar; Dabamona, Samsudin Arifin; Tuhumury, Harry A
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9x7nf695

Abstract

This study examines the protection of consumers in digital transactions in Indonesia by evaluating existing regulations and the effectiveness of law enforcement. With the rapid expansion of Indonesia’s digital economy, consumer rights face increasing challenges due to gaps in legal frameworks and enforcement mechanisms. Key laws analysed include the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. While these regulations lay foundational protections, they often lack specificity and adaptability to the dynamic digital marketplace. The enforcement landscape is constrained by limited resources, fragmented institutional coordination, and insufficient judicial expertise, which hamper effective resolution of consumer disputes. A comparative analysis with jurisdictions such as the European Union and Singapore reveals best practices in regulatory clarity, empowered supervisory bodies, and consumer education that Indonesia could adopt. Empirical data highlights the urgency of reform as digital transactions and related consumer complaints grow rapidly. The study recommends legislative updates tailored to digital commerce, enhanced enforcement capacity through specialised authorities, and strengthened consumer awareness initiatives. These measures aim to establish a more robust and responsive consumer protection system, fostering trust and fairness in Indonesia’s digital economy. The findings contribute to ongoing discourse on balancing innovation and consumer rights in the digital age.
Revision of Civil Law: Challenges and Opportunities in The Modernization of The Legal System Nasim, Abu Sahman; Rosalia, Olyvia
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/838t2g49

Abstract

The revision of the Indonesian Civil Code, inherited from Dutch colonial law, has become an urgent necessity in responding to the dynamic development of society, economy, and technology. This normative legal research aims to analyze the fundamental challenges faced in the process of revising the Civil Code, as well as the strategic opportunities that can be utilized to modernize the legal system. Through a normative-juridical approach supported by literature studies, legal documents, and comparative law analysis, this study identifies key weaknesses in the current Civil Code, such as outdated norms, lack of digital regulation, and inadequate protection for contemporary civil relations. The research also reveals the potential benefits of integrating digital law, simplifying legal procedures, recognizing local customary laws, and embedding the principle of justice to enhance legal relevance and responsiveness. The findings of this study offer theoretical and practical recommendations for stakeholders involved in legal reform efforts, emphasizing that modernizing civil law must be grounded in Indonesia's socio-cultural context while embracing global legal developments.
Application of The Principles of Equality and Non-Discrimination in Civil Law: Harmonization with International Legal Standards Andrias, Maria Yeti; Gani, Najamuddin; Aituru, Yulianus Poizon; Upara, Abdul Rahman
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/a1rwkw36

Abstract

This study aims to analyze the application of the principles of equality and non-discrimination in Indonesian civil law as well as its harmonization with international legal standards. These principles form an essential foundation in protecting human rights and ensuring justice for all citizens without any discriminatory treatment. The research method used is normative, with a documentary study approach and comparative analysis of national legislation and related international legal instruments. The results show that although national legal norms have accommodated the principles of equality and non-discrimination, challenges in implementation still arise due to socio-cultural factors, limited understanding among legal officials, and a lack of regulations addressing modern discrimination issues. This study emphasizes the need to strengthen regulations, enhance the capacity of legal officials, and educate the public as efforts to effectively enforce these principles. A more progressive legal harmonization is expected to support the realization of social justice and human rights protection in Indonesia.
The Influence of Globalization on Customary Legal Systems: A Review from an Archipelago Perspective Firayani
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jr2skf74

Abstract

This article examines the impact of globalization on customary law systems in the archipelago, focusing on changes that occur in the structure and practice of customary law amidst the flow of modernization. Globalization has brought various significant impacts on customary law, both in positive and negative aspects. This study uses literature study and case analysis methods to evaluate how customary law adapts to or is affected by global trends. The results show that globalization affects customary law in various ways: from adjustments to international legal practices to challenges in maintaining local cultural identity. The author also notes that although globalization brings opportunities for the protection and recognition of customary rights through international cooperation, this is often accompanied by pressure to align customary norms with global standards that may not always be in accordance with local values. This article suggests the need for a balanced approach between maintaining the richness of customary law and adapting to global developments to ensure the sustainability of customary law systems in the archipelago.
Evolution and Development of Customary Law in the Archipelago: From Tradition to Modernity Noviya, Anis
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/etmv2j54

Abstract

Customary law in the archipelago is a deep cultural heritage and plays a significant role in the lives of traditional communities. This article examines the evolution and development of customary law in Indonesia, from its traditional roots to its adaptation in a modern context. This study aims to understand how customary law, which was originally local and traditional, has adapted to social, political, and legal changes that have occurred at the national and global levels. Through a historical approach and literature analysis, this article identifies important stages in the evolution of customary law, including the influence of colonialism, integration with the national legal system, and post-independence legal reform. The main focus lies on how customary law adapts to the dynamics of modernity while maintaining its cultural essence. This study also explores the challenges faced by customary law in facing globalization and social change, as well as efforts to maintain its sustainability amidst an increasingly dominant national legal system. The results show that customary law has undergone significant changes but continues to play an important role in society. Adaptation of customary law includes adjusting norms and practices to align with national law and modern values, without losing its original cultural identity. This article concludes that although customary law faces various challenges, it continues to contribute to the preservation of culture and dispute resolution in indigenous communities, as well as playing a role in the development of more inclusive national laws.
Transformation of Customary Law in the Digital Era: Opportunities and Challenges in the Archipelago Faradina, Anggia
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/v94f8k66

Abstract

The transformation of customary law in the digital era faces complex dynamics in the archipelago, where information and communication technology acts as a catalyst for change in various aspects of social and legal life. This article explores how digital advances affect customary law practices and cultural identities in Indonesia, and analyzes the opportunities and challenges that arise from the integration of technology into customary law systems. Using a qualitative approach, this article examines several cases across the archipelago to illustrate how digital technologies such as web-based applications, data management systems, and social media platforms are accelerating the process of customary law transformation. These transformations include the digitization of customary law administration, increased transparency in dispute resolution, and the potential for the preservation and promotion of local culture globally. However, the use of technology also poses significant challenges, such as the risk of loss of cultural authenticity, shifting traditional values, and unequal access to technology in more remote indigenous communities. This article also discusses how a culturally sensitive and inclusive approach can help address these challenges, by providing recommendations for policies and practices that support equitable and effective technology integration. The results of this study show that while digital technology offers opportunities to strengthen and develop customary law, it is important to pay attention to its impact on the social and cultural structures of indigenous communities. A holistic and participatory approach will be key to ensuring that the transformation of customary law in the digital era goes hand in hand with the preservation of cultural values ​​and community rights.
The Implementation of Inheritance Rights Distribution for Children Born Outside of Marriage According to Islamic Law in the Application of the Inheritance Law System in Indonesia Ridwan, Inayatillah; Ruhani, Neni; Nurhasanah, Neneng; Jamilah, Lina
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wyg6h120

Abstract

This study discusses how the implementation of the inheritance rights of children born outside of marriage according to Islamic law in the application of the inheritance law system in Indonesia. In Islamic law, children born from a legitimate relationship have clear rights to their parents' inheritance. However, for children born outside of marriage, the situation becomes more complex. In many communities, social stigma and negative views of children born outside of marriage often affect their acceptance of inheritance rights. This can lead to injustice and discrimination, where these children do not get the rights they should receive according to Islamic law. The research method with a qualitative research type, this study uses library research, namely research that focuses and limits its activities to libraries to obtain data without conducting research in the field. Data collection techniques by conducting review studies of books, literature, notes, and reports that are related to the problem to be solved. Data sources in this study were obtained by tracing literature and laws and regulations, books, the Qur'an, and hadiths related to the research. Data collection techniques are carried out using documentary techniques. Documentary comes from the word document which means written object. In using the documentary method, the author collects written data such as books, scientific journals and so on. The results and discussion that in Islamic law, illegitimate children have limited inheritance rights, namely only the right to inherit from the mother and her family, without inheritance rights from the father. This is based on the view that illegitimate children do not have a legal bond with their father, but it is important to align the principles of Islamic law and positive law in regulating the inheritance rights of illegitimate children in order to realize justice and legal certainty for all parties. This harmonization effort will not only protect illegitimate children, but also strengthen the national inheritance law system as a whole
Transformation of Customary Law in the Era of Globalization: Impact on Local Legal Identity Syamsidar
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/advqng54

Abstract

This article examines the impact of globalization on customary law in Indonesia, focusing on how global social and economic changes affect local legal identities. Globalization, characterized by intense exchanges of information, culture, and technology, has brought about significant changes in the structure and practice of customary law across communities in the archipelago. This study uses a qualitative approach with a case study method to explore how customary law adapts to the pressures and opportunities posed by globalization. The findings suggest that while globalization can accelerate the modernization and recognition of customary law in national and international legal contexts, it also has the potential to threaten the preservation of traditional values and practices. The article identifies challenges, such as conflicts between customary law and modern law, and impacts on social cohesion and the legitimacy of customary law. Based on this analysis, the article proposes strategies to achieve a balance between the integration of customary law and the preservation of local identity, to ensure that traditional values continue to be respected in an increasingly complex global era.
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia Arianty, Fitri
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2j7zss39

Abstract

The restorative legal approach is an alternative method in handling crime that focuses on restoring relationships between perpetrators, victims, and the community, and prioritizes rehabilitation rather than punitive punishment. In Indonesia, where organized crime often involves complex networks and broad social impacts, this approach offers the potential to overcome challenges that exist in the conventional criminal justice system. This study aims to evaluate the effectiveness of the restorative legal approach in the context of handling organized crime in Indonesia. The research method used is qualitative, with data collection techniques through in-depth interviews with legal practitioners, law enforcement officials, and representatives of rehabilitation institutions, as well as document analysis and case studies related to the implementation of the restorative approach. The results of the study indicate that although the restorative legal approach can provide a more humanistic and constructive solution in some cases, significant challenges include resistance to change from the existing legal system, the need for training and a deeper understanding of this approach, and effective integration between restorative law and the existing criminal law system. This study suggests that in order to increase the effectiveness of this approach, there is a need for systemic reform, increased training, and the development of policies that support the implementation of restorative law in handling organized crime.

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