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Angga A.G
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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. 2 No. 4 (2025): DECEMBER-JOY" : 5 Documents clear
The Political Life of Civil Law: How Power Shapes Private Legal Relations Pramidazzura Alifa Rifqi
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jkj62q88

Abstract

Civil law is doctrinally positioned as a neutral legal domain governing private relations among legal subjects. In practice, however, the formation and application of civil law are inseparable from political, economic, and institutional power relations. Legislative interventions, state policies, and judicial decisions demonstrate that civil law operates as an instrument of legal policy through which public interests are articulated and enforced within private legal relations. This article examines the political dimension of civil law and its juridical implications for private autonomy in the Indonesian legal system. Employing normative legal research with statute, conceptual, and case approaches, the study identifies normative ambiguity in positive law concerning the limits of state power over private relations, the legitimacy of using civil law as a policy tool, and the criteria for restricting private autonomy on public interest grounds. The analysis shows that such ambiguity undermines legal certainty, reduces autonomy of will, and creates the risk of unaccountable state intervention. This article argues for a normative reconstruction that treats private autonomy as a conditional principle subject to proportionate, transparent, and accountable state intervention, in order to balance individual protection with public objectives within civil law.
From Private Autonomy to State Regulation: Shifting Boundaries in Civil Law Samsidar Samsidar
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0ypmp244

Abstract

Classical civil law is fundamentally grounded in the doctrine of private autonomy, which positions individual free will as the primary source of legal obligations. However, the evolution of the welfare state, the expansion of regulatory governance, and the increasing protection of public interests have significantly altered this paradigm. In Indonesia, this transformation has produced normative ambiguity regarding the boundary between freedom of contract and state regulatory authority, particularly due to inconsistencies between the Civil Code and sectoral regulatory statutes. This article employs normative legal research using statute, conceptual, and case approaches to examine the shifting relationship between private autonomy and state regulation in civil law. The analysis demonstrates that unstructured regulatory intervention risks undermining legal certainty and diluting the normative core of civil law, while absolutist private autonomy is no longer tenable in a modern regulatory state. This article argues for a reconstruction of civil law based on conditional private autonomy, supported by proportionality and accountability principles, in order to balance private interests and public objectives in a constitutionally coherent manner.
Rethinking Civil Law Protection in Unequal Societies Theresia N.A Narwadan
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jzv9jz58

Abstract

Civil law is traditionally grounded in the assumption of formal equality among legal subjects, presuming that private autonomy and freedom of contract operate under conditions of equivalent bargaining power. In unequal societies, however, civil law relations are frequently shaped by structural disparities in economic resources, access to information, and social position. This article examines the normative foundations of civil law protection in the context of social inequality and questions the adequacy of formal equality as a basis for justice in private legal relations. Using normative juridical research with statute, conceptual, and case approaches, this study identifies normative ambiguity in civil law regarding the criteria for legally relevant inequality, the limits of restricting freedom of contract, and the consistency of legal protection across private relations. The analysis demonstrates that such ambiguity weakens legal certainty and renders civil law protection fragmented and ineffective. This article argues for a normative reconstruction of civil law protection grounded in substantive justice, treating private autonomy as a conditional principle and positioning civil law as a constitutional instrument for correcting structural inequality.
Civil Law in Market Governance: Legal Instruments, Economic Policy, and State Power Shohib Muslim
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mdad4f26

Abstract

Modern market governance is no longer shaped solely by free market mechanisms but increasingly relies on state intervention through legally institutionalized economic policies. In this context, civil law—particularly through contracts, property rights, and civil liability—has become a strategic instrument for directing market behavior. This development generates normative ambiguity in positive law concerning the boundary between civil law as private law and as a tool of market governance, the legitimacy of using private law instruments to implement economic policy, and the relationship between freedom of contract and public interest–based economic regulation. Employing normative legal research with statute, conceptual, and case approaches, this article examines the role of civil law in market governance and the juridical implications of state intervention through private law instruments. The analysis demonstrates that unstructured instrumentalization of civil law undermines legal certainty and private autonomy while obscuring the limits of state power. This article argues for a normative reconstruction that positions civil law as a limited instrument of economic policy, grounded in conditional private autonomy, proportionality, and accountability, in order to balance economic efficiency, legal certainty, and social justice within market regulation.
Civil Law and Social Inequality: A Politics of Legal Protection Perspective Shohib Muslim
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5x64ag20

Abstract

Civil law is normatively constructed on the assumption of formal equality among legal subjects. In social reality, however, civil law relations frequently operate within conditions of structural inequality arising from disparities in economic power, access to information, and bargaining position. The state responds to such inequalities through regulatory interventions framed as legal protection. This article examines the role of civil law in addressing social inequality from a legal protection politics perspective. Employing normative legal research with statute, conceptual, and case approaches, this study identifies normative ambiguity in civil law concerning the criteria for identifying protected weak parties, the boundary between legal protection and restrictions on private autonomy, and inconsistencies between the Civil Code and social-economic protection legislation. The findings demonstrate that such ambiguity renders civil law protection selective and often ineffective in correcting social inequality. This article argues for a normative reconstruction that positions civil law as a constitutional instrument for correcting social inequality, treating private autonomy as a conditional principle subject to substantive and distributive justice considerations.

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