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INDONESIA
ADVANCED PRIVATE LEGAL INSIGHTS
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 30903459     DOI : https://doi.org/10.56087/april
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Advanced Private Legal Insights (APRIL) is a Scientific Journal in the field of law that is published twice a year (Oktober and April) by the Faculty of Law, Universitas Muslim Indonesia. APRIL is a forum for academics and legal practitioners to disseminate legal knowledge to the wider community in a legal reference field of study in legal journals covering various branches Justice in Context of Bussiness, Environmental, and Human Rights Law in Indonesia, Southeast Asia, and the Global context.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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When Games Turn Into Debt: Legal Analysis of Online Game Transactions Palu, Selvia; Arief, Anggreany; Aswari, Aan
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/april.v1i1.901

Abstract

This research aims to determine and analyze the fulfillment of the application of proficiency requirements by payment service providers when purchasing online game items. To find out and analyze the efforts that online game service users can take to deal with the losses they experience. The research method used is the Normative research method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents that contain concepts and information such as dictionaries. The results of this research show that the sale and purchase agreement for payment services for buyers of online game items does not fulfill the subjective and objective requirements which are the legal requirements for an agreement. The condition that is not fulfilled is that those who bind themselves agree to a certain thing and a lawful cause. for consumers for losses received due to irresponsibility of business actors in paying off transactions is clearly regulated in article 19 UUPK. However, if the business actor's number can be contacted, the perpetrator can be held responsible for compensation. Recommendations for this research: The government should also have more awareness and supervision of legal issues that arise in society, so that it can quickly act against negative elements that endanger society.
Agreements Contracts in Indonesia : Application of the Consensualism Zalshabila, Zhanya; Alam, Syamsul; Arifin, Muhammad Ya’rif
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/april.v1i1.904

Abstract

This study aims to determine and analyze the form of application of the principle of consensualism in contract agreements made by the parties and to determine what are the impacts of the application of the principle of consensualism on the protection of the rights of the parties in the agreement. This study uses a normative research method. This study uses a normative legal method that focuses on the analysis of legal norms in laws and regulations, doctrines, and court decisions. The results of this study indicate that the application of the principle of consensualism is a fundamental principle in contract law which emphasizes that an agreement is considered valid and binding on the parties since the agreement is reached. The application of the principle of consensualism also has an impact on providing space for the parties to draft agreements according to their needs, but it can also pose a risk of injustice, especially for parties who have a weak bargaining position. Therefore, effective legal protection, contract supervision, and legal education for the community are important to overcome the negative impacts of the application of the principle of consensualism. The recommendation of this study is To protect the rights of the parties in the agreement, stricter supervision of contract practices is needed, especially in situations where one party has a weaker bargaining position. The government and related institutions are advised to strengthen regulations governing minimum standards for certain agreements.
Legal Analysis of the Position and Impact of Misuse of E-Stamps in Electronic Documents: A Civil Law Perspective Wildan Asyraf, Andi Muhammad; Arsy, Muhammad; Adha Hamza, Yuli
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/april.v1i1.905

Abstract

This study aims to analyze the legal position of e-stamp duty in electronic documents based on Indonesian laws and regulations, especially Law No. 10 of 2020 on Stamp Duty. Furthermore, it seeks to examine the legal impact of e-stamp duty misuse from a civil law perspective. This study employs a normative juridical research method, which involves examining legal theories, comparative laws, structure, and general explanations. The findings indicate that e-stamp duty holds a strong legal position as a validation tool for electronic documents under Law No. 10 of 2020 and Article 5 of the ITE Law. However, misuse of e-stamp duty, such as forgery or unauthorized use, can weaken document validity, making them inadmissible as evidence under Article 1869 of the Civil Code. Additionally, misuse undermines public trust in digital administration systems. This study recommends strengthening regulations related to e-stamp duty, including better legal protection for electronic documents, enhanced security systems to detect fraud, and increased public awareness regarding the importance of document validation using e-stamp duty. Law enforcement authorities are encouraged to take firmer action against misuse cases to deter fraud and enhance public confidence in Indonesia's digital administration system.
Peace Behind Disputes: A Study of Inheritance Settlement through Mediation Anugerahi Ralina, Warisnu; Mursyid, Mursyid; Salmawati, Salmawati
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This research aims to determine and analyze the resolution of inheritance disputes through mediation based on legal provisions. The study reveals inconsistencies in the Supreme Court Regulation Number 1 of 2016 with the Civil Procedure Law in Indonesia, particularly regarding mediation costs and the role of the mediator judge. The mediation process in the Class I A Religious Courts consists of three stages: pre-mediation, mediation, and final implementation. However, the low success rate of mediation is attributed to inhibiting factors, including parties' reluctance to mediate and obstructing the process. This research recommends socialization of the benefits of resolving civil cases through mediation and the Supreme Court's regulation regarding sanctions for parties obstructing the mediation process. Furthermore, parties involved in disputes should prioritize good faith during the mediation process to optimize its success.
Consumer Protection Regarding the Failure to List Sugar, Salt and Fat Content in Ready-to-Drink Beverages Anggraini Nur, Yunita; Rahman, Sufirman; Asriati, Asriati
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This paper discusses the analysis of forms of consumer protection in terms of not listing the sugar, salt, and fat content in ready-to-drink drinks, and the duties of the health service in supervising business actors who do not list the sugar, salt and fat content in ready-to-drink drink business actors. Using qualitative methods with data from interviews, data processing techniques are carried out using descriptive analysis. The results of the study are forms of consumer protection in terms of not listing the sugar, salt, and fat content in ready-to-drink drinks by accommodating suggestions and input from consumers which will later be conveyed directly to business owners so that these suggestions and input can be considered for consumer health. It is hoped that the task of the government or related agencies to record ready-to-drink drinks that do not comply with PMK.NO. 63 of 2015 to include information on sugar, salt and fat content.
Legal Analysis of the Implementation of Employment Agreements for Laborers or Workers in the Industrial Sector Ihsan Ramadhan, Muhammad; Hasbi, Hasnan; Handayani, Dwi
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to determine the implementation of work agreements and the factors that influence the implementation of agreements for laborers or industrial workers in Soppeng Regency. This research uses empirical juridical legal research methods, focusing on qualitative analysis of primary data obtained from interviews, questionnaires and secondary data obtained from literature studies written in a descriptive report. The results of the research, the implementation of the work agreement is not well implemented because there are findings that are contrary to the applicable regulations and work agreements. The legal protection of industrial sector workers is less well protected due to violations of the work agreement that are less protected. There is a need for more intensive training and education programs to improve workers' understanding of their normative rights as stipulated in the labor law, as well as the contents of the work agreements they enter into. Also the establishment of a supervisory body from each industry to oversee the protection of labor agreements that can also increase worker productivity.
Parents' Responsibilities towards Children After Divorce Islamiyah, Nurul; Nurlia Mamonto, Andi Annisa; Stoffel, Mukti
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

The fact of people's responsibility towards children after divorce in Jayapura City, fathers often ignore the obligation to provide for children, so that mothers as the holder of custody bear all the needs of the child. The father's reasons include economic problems, new marriage, psychological, and the assumption that the mother is capable. And legal analysis shows that the rights of children after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, which requires parents, especially fathers, to bear the costs of children until adulthood. However, many divorced parents do not fulfill these responsibilities, violating Article 14 of the Child Protection Law which regulates children's rights and parental responsibilities after divorce. Children's rights after divorce are regulated by law, but many divorced parents do not fulfill their responsibilities, violating child protection provisions.
Customary Land Law in the Mamberamo Community Pieth Rumaikewi, Yan; Sari, Liani; Burhan, Wahyudi
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study is entitled Law on Customary Land in the Mamberamo Community, Especially the Warembori Village Community in Tanah Tabi, Papua Province. The main focus of this study is to examine the agrarian conflict between the Warembori Village and Yoke Village communities in Mamberamo Hilir District, as well as to analyze the mechanism of recognition and protection of customary rights of customary law communities in the area. This study uses a qualitative descriptive method with a case study approach. Data were obtained through interviews with traditional figures, community leaders, and parties involved in land disputes. In addition, secondary data was collected from legal documents such as Law Number 5 of 1960 and Papua Provincial Regulation Number 5 of 2022 The results of the study indicate that this agrarian conflict was caused by overlapping claims to customary land. In addition, there are still obstacles in the implementation of legal protection for indigenous peoples, especially in the administrative aspect of land registration. This study provides recommendations to improve the recognition and legal protection of customary land through clearer and more inclusive regulations.
Legal Analysis of the Implementation of Employment Agreements for Laborers or Workers in the Industrial Sector Nur, Rahmawati; Hijadz, Muhammad Kamal; Salle, Salle
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to analyze legal reform efforts in Indonesia to protect consumers in the digital era and to prepare consumers to face the era of rapid technological developments in digitalization. The method applied in this study is a normative method with a descriptive approach to identify regulatory gaps and challenges in their implementation. The results of the study show that although Indonesia has several regulations related to consumer protection in the digital world, regulatory reform is still very much needed, especially regarding personal data protection and more effective dispute resolution. In addition, consumer readiness in facing the digital era is also influenced by low digital literacy, which is an obstacle to increasing awareness of consumer rights. The government, digital platforms, and consumer protection institutions need to work together to improve public understanding of their rights and obligations as consumers in the digital era.
Regulation of Covernotes by Notaries, Land Deed Making Officials (PPAT) Against Parties in Bank Credit Agreements Sofyan, Ananda Magvirah; Bima, Muhammad Rinaldy; Lestari, Sri
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to analyze the legal consequences of the issuance of Covernote by Notary / PPAT on the parties to a banking credit agreement, identify potential legal problems due to delays or discrepancies in the documents promised in Covernote, and provide an understanding of the role and limitations of Covernote in banking practice as a supporting document for credit guarantees. The method used in this research is empirical juridical with a qualitative descriptive approach, where data is obtained through interviews with Notary / PPAT, banks, and debtors related to the issuance of Covernote, as well as through document studies and relevant laws and regulations. The results show that Covernote does not have binding legal force as a credit guarantee, but is often a reference in the process of disbursing funds by banks. The legal consequences can be in the form of default risk for the debtor if the documents promised in the Covernote cannot be fulfilled, as well as the potential legal responsibility for Notary / PPAT if there is negligence in its issuance. The implications of this research emphasize the need for caution in the issuance of Covernote so as not to cause legal problems for the parties. In addition, banks as creditors need to understand the limitations of Covernote in guaranteeing legal certainty over mortgage rights. The recommendations of this research emphasize the need for clearer regulations related to the issuance of Covernote by Notary/PPAT in order to provide legal protection for all parties involved in banking credit agreements.

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