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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 3 Documents
 1 
Search results for , issue "Vol. 2 No. 5 (2026): FEBRUARY-JOY" : 3 Documents clear
Legal Liability of Digital Platforms for Default in Electronic Agreements Sinulingga, Tommy Aditia; Magda, Marienna; Aisyah, Aisyah; Susanto, Ayub Umboyo
Leges Privatae Vol. 2 No. 5 (2026): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7yv4ny50

Abstract

The development of information technology has driven a fundamental shift in the practice of civil agreements through the use of electronic agreements mediated by digital platforms. These changes not only affect the form of the agreement, but also the structure of legal relations, the bargaining position of the parties, and the pattern of accountability for achievement violations. The phenomenon of default in electronic agreements shows a higher complexity than conventional agreements due to the involvement of technological systems and the dominance of digital platforms in controlling the transaction process. This study aims to analyze the juridical construction of electronic agreements and defaults, examine the legal position and scope of responsibility of digital platforms, and examine the implementation of these liability arrangements in positive Indonesian law. The research method used is normative juridical with a legislative, conceptual, and analytical approach, through the review of Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Government Regulation Number 80 of 2019 concerning Trade Through Electronic Systems. The results of the study show that digital platforms cannot be positioned as neutral intermediaries because they have significant control over the transaction ecosystem. Existing arrangements have not established an integrated liability regime, thus opening up space for legal uncertainty and inequality of protection for users. This research emphasizes the urgency of the normative reconstruction of the legal responsibility of digital platforms oriented towards contractual fairness and proportionate risk distribution
Legal Convergence between Banking Law and Commodity Futures Law in the Practice of Bullion Banking Diana R.W. Napitupulu
Leges Privatae Vol. 2 No. 5 (2026): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xdxa5474

Abstract

This article examines the legal convergence between banking law and commodity futures law in bullion banking. The financialization of gold has shifted its role from a purely tangible commodity to a dual-function asset that operates as both a tradable commodity and a financial instrument, thereby blurring the regulatory boundaries between prudential banking supervision and commodity futures regulation. Bullion banking includes gold accounts, gold-based financing, custody services, and gold-linked derivatives such as swaps and forwards. These activities resemble traditional banking intermediation when banks accept gold deposits or create claims over gold, while simultaneously mirroring commodity futures trading through derivative contracts. This creates regulatory tension, as banking law prioritizes systemic stability, capital adequacy, and depositor protection, whereas commodity futures law emphasizes market integrity, transparency, and investor protection. Legal convergence is most evident in three areas: unallocated gold accounts functioning like monetary deposits, over-the-counter gold derivatives resembling futures contracts, and custody and clearing mechanisms overlapping with exchange-based infrastructures. In Indonesia’s sectoral regulatory system, where banking and commodity futures oversight are institutionally separated, bullion banking may generate jurisdictional ambiguity, inconsistent risk standards, and opportunities for regulatory arbitrage. The unclear legal classification of gold as property, financial instrument, or contractual claim further complicates ownership, insolvency treatment, and priority rights, ultimately affecting legal certainty and systemic resilience.  
Civil Legal Protection for Victims of Default in Digital Financial Services Arianti, Fitri
Leges Privatae Vol. 2 No. 5 (2026): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/m42sy114

Abstract

The development of the digital economy in Indonesia has transformed the legal relationship between businesses and consumers, particularly through marketplace platforms that facilitate electronic transactions. This transformation raises legal issues related to the limits of digital platforms' civil liability for consumer losses, particularly given the unclear norms regarding intermediary liability and the basis for claims for breach of contract or unlawful acts. This study aims to analyze the normative foundations of consumer protection in digital transactions and reconstruct the concept of platform civil liability to ensure legal certainty and justice. The research method used is normative legal research with a statutory, conceptual, and analytical approach (analytical and prescriptive approach). Primary and secondary legal materials are analyzed qualitatively using systematic and teleological interpretation techniques to identify unclear norms and formulate normative prescriptions relevant to the dynamics of the digital economy. The results indicate that the Safe Harbor Policy approach is no longer adequate to protect consumers, necessitating the repositioning of platforms as active legal subjects by applying strict liability, vicarious liability, and joint liability models. Reformulating norms through revisions to digital-based consumer protection regulations, integrating personal data protection principles, and strengthening due diligence and transparency obligations in electronic contracts are strategic steps in creating legal certainty that is both adaptive and equitable.

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