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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 51 Documents
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Intellectual Property Rights in the Digital Disruption Era: A Normative Review of Copyright Protection Anis Noviya
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wjx1qz15

Abstract

The era of digital disruption has significantly transformed the landscape of intellectual property, particularly in the realm of copyright protection. With the rapid evolution of digital technology, creative works are now more vulnerable to unauthorized use, duplication, and distribution across various online platforms. This normative legal research aims to analyze the adequacy and responsiveness of existing copyright laws in addressing the challenges posed by digital advancements. Utilizing a statute and conceptual approach, the study examines the current regulatory framework in Indonesia and compares it with international standards. The findings indicate that existing copyright laws are still limited in their ability to offer comprehensive protection in the digital age. Key issues include weak enforcement mechanisms, lack of digital monitoring systems, and outdated legal provisions that do not reflect technological realities. The study emphasizes the urgent need for legal reform that integrates digital-based enforcement tools and aligns national copyright regulations with global legal frameworks. Strengthening the legal infrastructure and improving public awareness are essential to ensure effective copyright protection in the era of digital disruption.
Restructuring Indonesia’s Directorate General of Intellectual Property Into an Autonomous Agency to Strengthen Valuation Function and Economic Utilization of Intellectual Property in Indonesia Muhammad Insan Kamil
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rras5s13

Abstract

This research examines the urgency of restructuring the Directorate General of Intellectual Property (DGIP) into an autonomous body to strengthen the valuation functions and optimize the economic utilization of intellectual property in Indonesia. Intellectual Property (IP) plays a strategic role in driving innovation and knowledge-based economic growth. However, IP governance in Indonesia continues to face challenges, including weak institutional capacity, low commercialization rates of innovation outputs, and an inefficient valuation system. The Directorate General of Intellectual Property (DGIP), as the national authority responsible for IP protection and administration, currently lacks an adequate institutional structure to address these challenges optimally. This study examines three main issues: (1) the characteristics of current IP governance in Indonesia and its challenges in valuation and economic utilization; (2) the effectiveness of DGIP’s institutional framework in supporting IP valuation and commercialization; and (3) an ideal institutional restructuring model to transform DGIP into an autonomous body. The research combines normative juridical approaches, qualitative data analysis, and comparative studies of IP institutional models in South Korea, Japan, the United States, the European Union, China, Singapore, Saudi Arabia, and Egypt. Findings reveal that DGIP’s current administrative and bureaucratic structure limits flexibility in resource management, innovation ecosystem development, and IP commercialization. The study recommends restructuring DGIP into a Public Service Agency (PSA the Indonesian term being Badan Layanan Umum) to strengthen valuation functions and optimize the economic utilization of IP. This model is expected to enhance public service efficiency, encourage private sector engagement, and foster cross-sectoral synergy in developing a knowledge-based economy.  
Settlement of civil disputes through mediation: its effectiveness and challenge in the District Court Henny Saida Flora; Andi Hartawati; Sachsyabillah Dwi Maharani Yusuf
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1c8z3q82

Abstract

This study aims to examine the effectiveness of mediation in resolving civil disputes and to identify various challenges faced at the District Court of Bandung. The approach used is normative-empirical juridical, combining analysis of the prevailing legal provisions particularly Supreme Court Regulation (PERMA) No. 1 of 2016 with empirical data obtained through interviews, observations, and document studies of civil cases undergoing mediation. The findings indicate that although mediation has been normatively integrated into the civil justice system, its effectiveness remains low. The main obstacles include the public's low legal awareness regarding the benefits of mediation, the limited number and competence of judge-mediators, and the lack of facilities and institutional support. Furthermore, mediation is often perceived merely as an administrative obligation rather than a substantive dispute resolution mechanism. Therefore, regulatory reform, continuous mediator training, and intensive public education are needed to make mediation a more effective, efficient, and equitable alternative for dispute resolution.
The Binding Power of Prenuptial Agreements in the Perspective of the Indonesian Civil Code and Jurisprudential Developments Basri Basri
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pxzphm06

Abstract

This study explores the legal strength and enforceability of prenuptial agreements under the Indonesian Civil Code (KUH Perdata) and examines how jurisprudential developments, particularly the Constitutional Court’s Decision No. 69/PUU-XIII/2015, have shifted the legal landscape. Historically, prenuptial agreements were only recognized if executed before marriage, limiting legal protection for couples facing economic, personal, or property changes after marriage. Through a normative juridical approach supported by case analysis, this research reveals that the Constitutional Court’s decision has expanded the legal understanding of contractual freedom by allowing postnuptial agreements. Despite this progressive development, the implementation remains uneven due to inconsistencies in judicial interpretations, absence of procedural regulations, and social stigmas surrounding such agreements. The study concludes that a harmonized legal and administrative framework is necessary to ensure consistent enforcement and public acceptance. Prenuptial and postnuptial agreements, if properly regulated and socially acknowledged, can serve as important instruments for protecting individual rights and maintaining legal certainty in marital relationships.
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 Legal Protection for Third Parties in Confidential Agreements Alwi Jaya
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pecbxs59

Abstract

This study examines the legal position and protection of third parties affected by confidential agreements under Indonesian contract law. Rooted in the principle of privity of contract, the Indonesian Civil Code recognizes contractual rights and obligations only between the parties directly involved. However, in modern legal and business practices, confidential agreements such as non-disclosure agreements (NDAs), exclusivity contracts, and private arrangements often have unintended consequences for external parties. This normative legal research employs statutory, conceptual, and case approaches to critically analyze the limitations of current regulations and explore comparative models from other jurisdictions, such as the United Kingdom’s Contracts (Rights of Third Parties) Act 1999. The findings reveal a normative gap in Indonesian law that fails to account for the legitimate interests of third parties harmed by undisclosed contractual arrangements. The study recommends the development of a more inclusive legal framework through legislative reform and progressive judicial interpretation, ensuring fairness and legal certainty in contractual relationships involving broader societal impact.
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 Review of the Transfer of Waqf Land Functions for Commercial Purposes Aisyah Aisyah; Syafruddin Syafruddin; Hediyanto Harahap
Leges Privatae Vol. 2 No. 1 (2025): JUNE-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/dzvwj632

Abstract

Increasing global awareness of the climate crisis has driven a paradigm shift in development towards a sustainability-oriented green economy. Indonesia, as a party to the Paris Agreement and an implementer of the Sustainable Development Goals, is obliged to integrate sustainability principles into its investment policies. Legal certainty is a key pillar to create a stable and predictable investment climate, especially in long-term sectors such as renewable energy, sustainable natural resource management, and environmentally friendly infrastructure. This research uses normative juridical methods with legislative, conceptual, and comparative approaches, examining Law No. 25 of 2007, Law No. 32 of 2009, as well as international best practices such as the EU Taxonomy and Singapore's Green Finance Action Plan. The results of the study show that even though Indonesia already has a Green Taxonomy, its implementation is still limited, hampered by regulatory disharmony, weak institutional capacity, and the risk of greenwashing. The recommendations included the establishment of a nationally binding green taxonomy, coordination of central-regional policies, competitive legal and fiscal incentives, and firm law enforcement. This effort is expected to strengthen the competitiveness of Indonesia's green investment at the global level while ensuring a balance between economic growth, environmental protection, and social welfare
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.

Page 4 of 6 | Total Record : 51

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