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Abdul Khaliq
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INDONESIA
International Journal of Society and Law
Published by Yayasan Sinergi Multidimensi Kreatif
ISSN : -     EISSN : 30314763     DOI : https://doi.org/10.61306/ijsl
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
International Journal of Society and Law is a journal that explores important issues in the field of law and society at the international level. This journal provides a platform for a variety of research and analysis related to the interaction between law and social dynamics in global society. Topics discussed in this journal include international law, human rights, public policy, ethics, legal regulations, social developments, and legal issues relevant in a global context. With an emphasis on a multidisciplinary view, the journal aims to promote a better understanding of how law and society influence each other, as well as their impact on global society.
Arjuna Subject : Umum - Umum
Articles 233 Documents
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Legal Protection For Consumers For Non-Conformity In The Quality Of Goods Purchased On The Tiktok Shop Application Asman Siagian; Rahmadany; Siti Nurhayati; Lidya Rahmadani Hasibuan
International Journal of Society and Law Vol. 3 No. 3 (2025): December 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

The development of information and communication technology has encouraged the emergence of various electronic commerce platforms (e-commerce), one of which is TikTok Shop. The ease of online shopping carries its own legal consequences, especially when there is a discrepancy between the quality of the goods advertised and the goods received by consumers. This study aims to analyze the form of legal protection provided to consumers for the inconsistency in the quality of goods purchased through the TikTok Shop application, as well as legal remedies that consumers can take in order to fight for their rights. The research method used is normative legal research with a statutory approach and a conceptual approach. Data sources include primary legal materials such as Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 jo. Law Number 19 of 2016 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Regulation of the Minister of Trade Number 31 of 2023 concerning Business Licensing, Advertising, Coaching, and Supervision of Business Actors in Trade through Electronic Systems. The results of the study show that consumers who experience a discrepancy in the quality of goods are entitled to legal protection both preventively and repressively. Preventively, the state has provided regulations that require business actors to provide true, clear, and honest information. Repressively, consumers can take the dispute resolution route through the Consumer Dispute Resolution Agency (BPSK), district courts, or the settlement mechanism provided by the TikTok Shop platform itself. This study recommends strengthening government supervision of electronic commerce and improving consumer digital literacy.
Legal Issues in Handling Breach of Contract in Commercial Agreements (A Study on Law No. 8 of 1999 Concerning Consumer Protection) Khairun Naim; Sri Wenti Buulolo; Yohanes Herman Buulolo; Sonotehe Halawa; Yaniman Gulo
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

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Abstract

In commercial transactions, breach of contract (wanprestasi) remains a significant legal issue that can disrupt business relations and cause financial losses. This study aims to analyze legal problems in handling wanprestasi in trade contracts and examine the obligations and rights of parties under Law No. 8 of 1999 concerning Consumer Protection. The research method used is normative juridical, involving the examination of statutory regulations, case law, and other legal materials relevant to commercial contracts and breaches. The findings indicate that wanprestasi often occurs due to delayed performance, non-conformity of goods or services, and failure to fulfill contractual obligations. Legal remedies include claims for compensation, contract termination, and dispute resolution through litigation or alternative mechanisms such as arbitration. The discussion highlights challenges in enforcing contractual rights, particularly regarding clarity of obligations and effectiveness of existing regulations. The study concludes that understanding legal provisions and strengthening contractual agreements are crucial to mitigate risks of wanprestasi in trade transactions.
Rethinking Policyholder Rights in Mutual Insurance Enterprises Angel Firstia Kresna; Dewa Gede Giri Santosa
International Journal of Society and Law Vol. 4 No. 1 (2026): April 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v4i1.712

Abstract

Mutual insurance companies in Indonesia operate under a unique legal structure that is fundamentally different from shareholder-based insurance corporations. Rather than acting merely as consumers, policyholders in these organizations collectively serve as co-owners. This study analyzes the legal characteristics of mutual insurance enterprises and examines the implications of this dual status and contractual rights arising from insurance policies. Employing a normative legal methodology, this research uses statutory and case approaches to analyze key regulations, including Law No. 40 of 2014 on Insurance, Government Regulation No. 87 of 2019, and Financial Services Authority Regulation No. 7 of 2023, along with several Supreme Court decisions concerning disputes involving AJB Bumiputera 1912. The findings indicate that the mutual structure creates policyholders within a complex, dual legal relationship. Recent judicial interpretations tend to prioritize the mutuality principle by rejecting breach of contract claims against the enterprise itself and instead directing liability toward management through tort-based claims. While this approach reinforces the conceptual nature of mutual enterprises, it raises serious concerns about the practical effectiveness of legal protection for policyholders. The study concludes that the current normative ambiguity regarding the legal status of policyholders requires a more balanced framework that harmonizes the principle of mutuality with enforceable protections for policyholders.

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