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INDONESIA
Leges Privatae
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30483123     DOI : https://doi.org/10.62872/5p8t0v42
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal publishes original articles on current issues and international trends in the field of civil law, notary public, business law. The purpose of publishing this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, and practitioners that have not been published in other media.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 4 (2024): DECEMBER-JOY" : 5 Documents clear
Principles Of Islamic Law In Indonesia Civil Law : A Study Of Obligations In Agreements And Contracts Harry Tuhumury
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 Abdul Somad; 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 Lilik Prihatin; Maria Yosepin Endah Listyowati
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; Firya Oktaviani
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.
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.

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