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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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Intellectual Property Rights in the Digital Disruption Era: A Normative Review of Copyright Protection Noviya, Anis
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/wjx1qz15

Abstract

The era of digital disruption has significantly transformed the landscape of intellectual property, particularly in the realm of copyright protection. With the rapid evolution of digital technology, creative works are now more vulnerable to unauthorized use, duplication, and distribution across various online platforms. This normative legal research aims to analyze the adequacy and responsiveness of existing copyright laws in addressing the challenges posed by digital advancements. Utilizing a statute and conceptual approach, the study examines the current regulatory framework in Indonesia and compares it with international standards. The findings indicate that existing copyright laws are still limited in their ability to offer comprehensive protection in the digital age. Key issues include weak enforcement mechanisms, lack of digital monitoring systems, and outdated legal provisions that do not reflect technological realities. The study emphasizes the urgent need for legal reform that integrates digital-based enforcement tools and aligns national copyright regulations with global legal frameworks. Strengthening the legal infrastructure and improving public awareness are essential to ensure effective copyright protection in the era of digital disruption.
Restructuring Indonesia’s Directorate General of Intellectual Property Into an Autonomous Agency to Strengthen Valuation Function and Economic Utilization of Intellectual Property in Indonesia Kamil, Muhammad Insan
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/rras5s13

Abstract

This research examines the urgency of restructuring the Directorate General of Intellectual Property (DGIP) into an autonomous body to strengthen the valuation functions and optimize the economic utilization of intellectual property in Indonesia. Intellectual Property (IP) plays a strategic role in driving innovation and knowledge-based economic growth. However, IP governance in Indonesia continues to face challenges, including weak institutional capacity, low commercialization rates of innovation outputs, and an inefficient valuation system. The Directorate General of Intellectual Property (DGIP), as the national authority responsible for IP protection and administration, currently lacks an adequate institutional structure to address these challenges optimally. This study examines three main issues: (1) the characteristics of current IP governance in Indonesia and its challenges in valuation and economic utilization; (2) the effectiveness of DGIP’s institutional framework in supporting IP valuation and commercialization; and (3) an ideal institutional restructuring model to transform DGIP into an autonomous body. The research combines normative juridical approaches, qualitative data analysis, and comparative studies of IP institutional models in South Korea, Japan, the United States, the European Union, China, Singapore, Saudi Arabia, and Egypt. Findings reveal that DGIP’s current administrative and bureaucratic structure limits flexibility in resource management, innovation ecosystem development, and IP commercialization. The study recommends restructuring DGIP into a Public Service Agency (PSA the Indonesian term being Badan Layanan Umum) to strengthen valuation functions and optimize the economic utilization of IP. This model is expected to enhance public service efficiency, encourage private sector engagement, and foster cross-sectoral synergy in developing a knowledge-based economy.  
Settlement of civil disputes through mediation: its effectiveness and challenge in the District Court Flora, Henny Saida; Hartawati, Andi; Yusuf, Sachsyabillah Dwi Maharani
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: 10.62872/1c8z3q82

Abstract

This study aims to examine the effectiveness of mediation in resolving civil disputes and to identify various challenges faced at the District Court of Bandung. The approach used is normative-empirical juridical, combining analysis of the prevailing legal provisions particularly Supreme Court Regulation (PERMA) No. 1 of 2016 with empirical data obtained through interviews, observations, and document studies of civil cases undergoing mediation. The findings indicate that although mediation has been normatively integrated into the civil justice system, its effectiveness remains low. The main obstacles include the public's low legal awareness regarding the benefits of mediation, the limited number and competence of judge-mediators, and the lack of facilities and institutional support. Furthermore, mediation is often perceived merely as an administrative obligation rather than a substantive dispute resolution mechanism. Therefore, regulatory reform, continuous mediator training, and intensive public education are needed to make mediation a more effective, efficient, and equitable alternative for dispute resolution.
The Binding Power of Prenuptial Agreements in the Perspective of the Indonesian Civil Code and Jurisprudential Developments Basri, Basri
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/pxzphm06

Abstract

This study explores the legal strength and enforceability of prenuptial agreements under the Indonesian Civil Code (KUH Perdata) and examines how jurisprudential developments, particularly the Constitutional Court’s Decision No. 69/PUU-XIII/2015, have shifted the legal landscape. Historically, prenuptial agreements were only recognized if executed before marriage, limiting legal protection for couples facing economic, personal, or property changes after marriage. Through a normative juridical approach supported by case analysis, this research reveals that the Constitutional Court’s decision has expanded the legal understanding of contractual freedom by allowing postnuptial agreements. Despite this progressive development, the implementation remains uneven due to inconsistencies in judicial interpretations, absence of procedural regulations, and social stigmas surrounding such agreements. The study concludes that a harmonized legal and administrative framework is necessary to ensure consistent enforcement and public acceptance. Prenuptial and postnuptial agreements, if properly regulated and socially acknowledged, can serve as important instruments for protecting individual rights and maintaining legal certainty in marital relationships.
The Legal Protection for Third Parties in Confidential Agreements Jaya, Alwi
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/pecbxs59

Abstract

This study examines the legal position and protection of third parties affected by confidential agreements under Indonesian contract law. Rooted in the principle of privity of contract, the Indonesian Civil Code recognizes contractual rights and obligations only between the parties directly involved. However, in modern legal and business practices, confidential agreements such as non-disclosure agreements (NDAs), exclusivity contracts, and private arrangements often have unintended consequences for external parties. This normative legal research employs statutory, conceptual, and case approaches to critically analyze the limitations of current regulations and explore comparative models from other jurisdictions, such as the United Kingdom’s Contracts (Rights of Third Parties) Act 1999. The findings reveal a normative gap in Indonesian law that fails to account for the legitimate interests of third parties harmed by undisclosed contractual arrangements. The study recommends the development of a more inclusive legal framework through legislative reform and progressive judicial interpretation, ensuring fairness and legal certainty in contractual relationships involving broader societal impact.
Credit Relaxation as an Instrument of Legal Protection for Debtors During the Covid-19 Pandemic Edison; Wijayati, Rr. Ani; Winanti Napitupulu, Diana Ria
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/evxnws44

Abstract

This article is structured based on research conducted on the case of PT. Pasundan Jaya. The fundamental points used as the foundation or the main topic of this study involve examining the legal protection mechanisms for debtors unable to fulfil their obligations in the future, the obstacles faced in acquiring legal protection due to their incapacity, and the legal efforts made by debtors to address these obstacles, particularly during the Covid-19 pandemic. This research employs a qualitative methodology with a normative juridical approach guided by the perspectives of Soerjono Soekanto and Sri Mamudji. It is descriptive-analytical and empirical, involving observations and interviews with several sources. The research findings encompass restructuring or relaxation of credit involving changes in credit agreements such as interest rates, timeframes, or payments; The credit restructuring policy applies to banking and financing until March 2023 due to the Covid-19 pandemic; Presidential Decree No. 12 of 2020 acknowledges unforeseen events regulated by law, stating that defaulting due to Covid-19 is not a breach of contract; and The Covid-19 pandemic is deemed as force majeure, among other aspects
MEDIATION EFFECT OF NOTARY VERIFICATION DALAM PERJANJIAN WARISAN DIGITAL Henny Saida Flora; edison; Taqyuddin Kadir
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ttz7qh07

Abstract

The advancement of digital technology has transformed various aspects of human life, including the management of digital inheritance comprising assets such as cryptocurrencies, online accounts, and digital intellectual property rights. However, the transfer of digital inheritance often encounters both legal and technical obstacles, particularly in relation to authentication, identity verification, and disputes among heirs. This study aims to explore how notarial verification functions as a mediator in digital inheritance agreements, examining whether such verification can bridge conflicts or enhance legal certainty. The research adopts a normative juridical approach combined with comparative perspectives from religious (Islamic and Christian) and customary law systems to analyze mediation principles and the validity of notarial verification across different legal traditions. The findings reveal that notarial verification plays a significant mediating role by reducing potential disputes over digital inheritance, facilitating consensus among heirs, and reinforcing the certainty of digital inheritance execution— provided that verification procedures and standards are properly regulated. The discussion links these findings to emerging practices of digital notarization and mediation mechanisms in religious and customary law. In conclusion, notarial verification as a mediating instrument holds strategic potential in digital inheritance agreements, particularly when supported by adaptive regulations that accommodate the unique characteristics of digital assets. 
The Relationship Between Consumer Legal Literacy Level And Dispute Resolution Of Buy Now Pay Later Service Maulidiana, Lina; Renaldy, Rendy; Yoesry, Erni
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pkz6np60

Abstract

This study examines the relationship between consumers' level of legal literacy and the effectiveness of dispute resolution in Buy Now Pay Later (BNPL) services in Indonesia. The rapid growth of BNPL has expanded financial access but also generated legal issues such as unilateral contracts, personal data breaches, and unethical debt collection practices. Employing a normative juridical approach, this research analyzes relevant legislation, legal doctrines, and scholarly works, including Law No. 8 of 1999 on Consumer Protection, Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector, Law No. 27 of 2022 on Personal Data Protection, and OJK Regulation No. 22 of 2023. The findings reveal that the lack of consumer legal literacy is a major factor hindering effective dispute resolution, despite the existence of adequate regulatory frameworks. A synergistic approach combining regulatory reform and digital legal-literacy empowerment is essential to help consumers understand their rights, obligations, and available redress mechanisms. Strengthening legal literacy will enhance consumers' bargaining power and promote a fairer, more transparent dispute-resolution system in Indonesia's digital financial sector.

Page 4 of 4 | Total Record : 38

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