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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
 2   3   4   5   6 
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.
Credit Relaxation as an Instrument of Legal Protection for Debtors During the Covid-19 Pandemic Edison; Rr. Ani Wijayati; Diana Ria Winanti Napitupulu
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/evxnws44

Abstract

This article is structured based on research conducted on the case of PT. Pasundan Jaya. The fundamental points used as the foundation or the main topic of this study involve examining the legal protection mechanisms for debtors unable to fulfil their obligations in the future, the obstacles faced in acquiring legal protection due to their incapacity, and the legal efforts made by debtors to address these obstacles, particularly during the Covid-19 pandemic. This research employs a qualitative methodology with a normative juridical approach guided by the perspectives of Soerjono Soekanto and Sri Mamudji. It is descriptive-analytical and empirical, involving observations and interviews with several sources. The research findings encompass restructuring or relaxation of credit involving changes in credit agreements such as interest rates, timeframes, or payments; The credit restructuring policy applies to banking and financing until March 2023 due to the Covid-19 pandemic; Presidential Decree No. 12 of 2020 acknowledges unforeseen events regulated by law, stating that defaulting due to Covid-19 is not a breach of contract; and The Covid-19 pandemic is deemed as force majeure, among other aspects
MEDIATION EFFECT OF NOTARY VERIFICATION DALAM PERJANJIAN WARISAN DIGITAL Henny Saida Flora; edison; Taqyuddin Kadir
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ttz7qh07

Abstract

The advancement of digital technology has transformed various aspects of human life, including the management of digital inheritance comprising assets such as cryptocurrencies, online accounts, and digital intellectual property rights. However, the transfer of digital inheritance often encounters both legal and technical obstacles, particularly in relation to authentication, identity verification, and disputes among heirs. This study aims to explore how notarial verification functions as a mediator in digital inheritance agreements, examining whether such verification can bridge conflicts or enhance legal certainty. The research adopts a normative juridical approach combined with comparative perspectives from religious (Islamic and Christian) and customary law systems to analyze mediation principles and the validity of notarial verification across different legal traditions. The findings reveal that notarial verification plays a significant mediating role by reducing potential disputes over digital inheritance, facilitating consensus among heirs, and reinforcing the certainty of digital inheritance execution— provided that verification procedures and standards are properly regulated. The discussion links these findings to emerging practices of digital notarization and mediation mechanisms in religious and customary law. In conclusion, notarial verification as a mediating instrument holds strategic potential in digital inheritance agreements, particularly when supported by adaptive regulations that accommodate the unique characteristics of digital assets. 
The Relationship Between Consumer Legal Literacy Level And Dispute Resolution Of Buy Now Pay Later Service Lina Maulidiana; Rendy Renaldy; Erni Yoesry
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pkz6np60

Abstract

This study examines the relationship between consumers' level of legal literacy and the effectiveness of dispute resolution in Buy Now Pay Later (BNPL) services in Indonesia. The rapid growth of BNPL has expanded financial access but also generated legal issues such as unilateral contracts, personal data breaches, and unethical debt collection practices. Employing a normative juridical approach, this research analyzes relevant legislation, legal doctrines, and scholarly works, including Law No. 8 of 1999 on Consumer Protection, Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector, Law No. 27 of 2022 on Personal Data Protection, and OJK Regulation No. 22 of 2023. The findings reveal that the lack of consumer legal literacy is a major factor hindering effective dispute resolution, despite the existence of adequate regulatory frameworks. A synergistic approach combining regulatory reform and digital legal-literacy empowerment is essential to help consumers understand their rights, obligations, and available redress mechanisms. Strengthening legal literacy will enhance consumers' bargaining power and promote a fairer, more transparent dispute-resolution system in Indonesia's digital financial sector.
Civil Legal Protection Against Patients For Chatbot-Based Health Consultation Malpractice Andi Hartawati; A. Silfiana Sirajuddin; MUHAMMAD SUMARDIN
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mf1q9747

Abstract

The advancement of artificial intelligence (AI) in the healthcare sector has significantly transformed medical consultation practices, particularly through the use of AI chatbots as tools for preliminary diagnosis and health recommendations. However, the use of such systems introduces potential algorithmic errors and biases that may cause harm to patients, while the existing legal framework has not yet clearly defined the scope of civil liability in cases of AI-based malpractice. This study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine civil legal protection for patients harmed by AI-driven medical consultations. The findings reveal that Indonesia’s Health Law, Consumer Protection Law, and Electronic Information and Transactions Law remain insufficient to address the complex distribution of liability among doctors, healthcare institutions, platform providers, and AI developers. Therefore, regulatory reform in the form of a lex specialis is necessary to incorporate the principles of explainability, mandatory algorithm auditing, and burden-shifting mechanisms to ensure equitable legal protection for patients in the digital era.
Uang Panai And Its Legality: When Tradition Intersects With Civil Law Rizky Wisudawan Katjong; Revie Kurnia Katjong
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n2tq2002

Abstract

This study examines the legal position of uang panai, a traditional form of payment in Bugis-Makassar marriage customs, within Indonesia’s civil law system. The practice, deeply rooted in local culture, symbolizes respect, social status, and familial honor. However, its contemporary implementation often intersects with the formal legal order, raising questions regarding its classification as a lawful civil contract, a conditional gift, or an adat-based moral obligation. Using a normative juridical approach, this article analyzes relevant provisions of the Indonesian Civil Code (KUHPerdata), the 1945 Constitution, and Law No. 48 of 2009 on Judicial Power, alongside empirical findings from legal and sociological studies. The results show that while uang panai fulfills the elements of a binding agreement under Article 1320 of the Civil Code, its absence of written documentation and inconsistent enforcement create legal uncertainty. The state’s constitutional recognition of customary law under Article 18B(2) of the Constitution remains largely declarative rather than substantive. Consequently, disputes involving uang panai are often settled through informal adat forums without enforceable legal authority. To harmonize tradition and modern law, this research recommends the formulation of local regulations (peraturan daerah) and the development of judicial precedents that establish fair, proportional, and gender-sensitive standards for customary contracts. Such legal integration would ensure that uang panai remains a respected cultural practice while achieving the legal certainty and justice mandated by Indonesia’s civil law framework.
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.

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