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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. 2 No. 2 (2025): AUGUST-JOY" : 5 Documents clear
Credit Insurance as a Legal Risk Mitigation Mechanism in Promoting Stability and Soundness in the Banking Industry Diana R.W. Napitupulu
Leges Privatae Vol. 2 No. 2 (2025): AUGUST-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xspbkj66

Abstract

Credit insurance serves as a strategic legal and financial instrument designed to mitigate credit risk in the banking industry. By insuring potential default losses from borrowers, credit insurance operates not only as a risk transfer mechanism but also as a form of legal protection that enhances the resilience and soundness of banks. This paper applies legal protection theory and the theory of the function of law as the main analytical tools to examine how credit insurance contributes to financial stability. Using a normative legal research method, supported by statutory and conceptual approaches, this study finds that the existing regulatory framework in Indonesia while providing a foundation remains insufficient in ensuring effective legal protection for stakeholders. Thus, there is a need for regulatory enhancement, better supervision, and stronger dispute resolution mechanisms to ensure that credit insurance functions optimally in supporting banking health and financial system stability. Indonesia’s regulatory landscape for insurance and banking has evolved significantly, particularly following the enactment of Law No. 40 of 2014 on Insurance and Law No. 21 of 2011 on the Financial Services Authority (OJK). These laws outline the general principles of insurance activities and establish supervisory mechanisms to ensure market integrity. However, specific regulations on credit insurance especially as it pertains to banking risk remain underdeveloped. There is limited guidance on underwriting standards, premium calculation, claims procedures, and dispute resolution mechanisms tailored for credit insurance involving financial institutions. As such, the current framework provides only partial legal certainty and lacks the robustness required to support an effective credit insurance regime in the banking context.
The Effectiveness of Electronic Mediation in Religious Courts Based on Supreme Court Regulation No. 3 of 2022 concerning Electronic Mediation in Courts (Case Study at the Karawang Religious Court) Lia Amaliya; Farhan Asyhadi; Aef Sulaeman; Imas Rosidawati
Leges Privatae Vol. 2 No. 2 (2025): AUGUST-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8ezz9z51

Abstract

Advances in information technology have driven significant transformations in supply chain management, including in the healthcare logistics sector, which requires fast, precise, and safe distribution. One recent innovation is the integration of conventional transportation with autonomous vehicles (AVs) in the distribution of healthcare products. This study aims to analyze the effectiveness of this hybrid healthcare logistics model by assessing its impact on distribution speed, cost efficiency, and product safety. The research method used a mixed methods approach, involving a quantitative survey of 120 respondents consisting of hospital logistics managers, transportation providers, and regulators, as well as in-depth interviews with 10 industry experts. Quantitative data were analyzed using multiple linear regression tests to measure variable relationships, while qualitative data were analyzed using thematic analysis to gain insights into field implementation. The results showed that the integration of AVs with conventional transportation increased distribution speed by up to 27% and reduced operational costs by an average of 18%, while also improving product safety through sensor systems and real-time monitoring. However, regulatory and infrastructure constraints are factors that hinder widespread adoption. These findings confirm that hybrid healthcare logistics can be a strategic solution in modernizing healthcare product distribution, provided it is supported by adaptive policies and inclusive technology development.
Legal Position of Substitute Heirs in the Distribution of Inheritance: A Comparative Study of the Civil Code and the Compilation of Islamic Law Qadriani Arifuddin
Leges Privatae Vol. 2 No. 2 (2025): AUGUST-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6t3ykm68

Abstract

This study examines the legal status of substitute heirs in inheritance distribution through a comparative study between the Civil Code (KUH Perdata) and the Compilation of Islamic Law (KHI). The background of the study is based on differences in the regulation and practice of inheritance distribution, particularly in terms of scope, portion size, and the legal philosophy used. The research method applied is normative juridical with a comparative approach, using analysis of laws and regulations, court decisions, and academic literature from 13 scientific journal sources. The results show that the Civil Code regulates substitute heirs with a broader scope, including lateral and upward lines, and applies the principle of equality of distribution. In contrast, the KHI limits the replacement only to a straight line downward and follows the faraidh principle that distinguishes the shares of men and women. The discussion reveals that this difference is influenced by differences in the legal philosophy of the Civil Code based on equality of rights, while the KHI is based on sharia distributive justice. The conclusion of the study confirms that although there are similarities in the recognition of the rights of substitute heirs, fundamental differences remain. Procedural harmonization between the two legal systems is necessary to provide certainty and justice in cross-jurisdictional inheritance cases in Indonesia.
Civil Liability in Medical Malpractice Cases in Private Hospitals Henny Saida Flora
Leges Privatae Vol. 2 No. 2 (2025): AUGUST-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1s5tay94

Abstract

This study examines civil liability in medical malpractice cases in private hospitals in Indonesia, which still face legal uncertainty due to the difference in the basis of claims between unlawful acts and breach of contract, as well as the limited application of the vicarious liability principle. This study uses a normative juridical method with a statutory, conceptual, and case-based approach, utilizing secondary data from legal literature, regulations, and court decisions related to medical malpractice. The results show that the application of vicarious liability in private hospitals is often hampered by the partnership-based working relationship between doctors, allowing hospitals to avoid direct liability. Furthermore, disharmony between the Civil Code, the Health Law, the Hospital Law, and the Consumer Protection Law creates evidentiary obstacles and jurisprudential inconsistencies. The discussion underscores the need for regulatory harmonization, national guidelines for proving medical malpractice, and affirmation of the direct liability of private hospitals to strengthen patient legal protection. In conclusion, increasing legal certainty and patient protection requires regulatory reform and consistent application of the civil liability principle, which is also expected to encourage improved quality of healthcare services in private hospitals.
Legal Protection for Consumers in Online Transactions: A Case Study of Marketplace Platforms in Indonesia Harry Tuhumury
Leges Privatae Vol. 2 No. 2 (2025): AUGUST-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2q9eh550

Abstract

The development of digital technology has driven the rapid growth of online transactions in Indonesia, particularly through marketplace platforms such as Tokopedia, Shopee, and Bukalapak. Ease of access and broad market reach are accompanied by various legal issues, such as goods not as described, late delivery, fraud, and personal data leaks. This study aims to analyze the effectiveness of legal protection for consumers in online transactions, using a normative juridical approach that examines laws and regulations, internal marketplace policies, and case studies of actual disputes. Data were obtained from primary legal materials (UUPK, UU ITE, PP No. 80 of 2019, Permendag No. 50 of 2020, Law on Personal Data Protection), secondary legal materials, and tertiary legal materials. The results show that the national legal framework is normatively adequate, but its implementation is hampered by weak supervision, differences in policies between platforms, imbalanced consumer bargaining power, low legal literacy, and limited access to external dispute resolution mechanisms. The discussion reveals that consumer protection relies more on internal platform policies than on the direct implementation of national regulations. In conclusion, standardization of consumer protection policies across all marketplaces, strengthening of substantive government oversight, integration of personal data protection, and increasing consumer legal literacy are needed to build a safe, fair, and just online transaction ecosystem.

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