cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Angga A.G
Contact Email
nawalaedu@gmail.com
Phone
+6281374694015
Journal Mail Official
nawalaedu@gmail.com
Editorial Address
Jl. Raya Yamin No.88 Desa/Kelurahan Telanaipura, kec.Telanaipura, Kota Jambi, Jambi Kode Pos : 36122
Location
Kota jambi,
Jambi
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 61 Documents
 3   4   5   6   7 
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.
Legal Liability of Digital Platforms for Default in Electronic Agreements Tommy Aditia Sinulingga; Marienna Magda; Aisyah Aisyah; Ayub Umboyo Susanto
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 Fitri Arianti
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.
The Role of Collective Management Organizations in Providing Legal Protection to Creators of Musical Works and Songs Anita Sabara Sutphin; Dhaniswara K. Harjono; John Pieris; Hulman Panjaitan
Leges Privatae Vol. 2 No. 6 (2026): APRIL - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/c9kk8680

Abstract

The rapid development of the music industry, driven by digital technology, has significantly transformed the creation, distribution, and consumption of musical works, while simultaneously increasing challenges related to copyright protection. In this context, collective management organizations (CMOs) play a strategic role as intermediaries in managing creators’ economic rights, particularly in licensing, royalty collection, and distribution. This study aims to examine the role of CMOs in providing legal protection for creators of musical works and songs, as well as to analyze the challenges affecting their effectiveness. This research employs a qualitative approach with a descriptive design, combining normative legal analysis with a limited empirical perspective. Data were collected through library research using primary, secondary, and tertiary legal materials, and analyzed using a descriptive-analytical method to identify patterns, relationships, and key issues related to the functioning of CMOs. The findings indicate that CMOs are essential in simplifying the management of economic rights and ensuring more structured and efficient royalty systems. However, their effectiveness is influenced by several factors, including low public awareness of copyright obligations, weak law enforcement, and gaps between regulatory frameworks and practical implementation. Additionally, internal challenges such as limited transparency, accountability issues, and varying levels of institutional capacity affect creators’ trust in these organizations. The study also highlights that digital technological advancements require CMOs to adapt through the adoption of data-driven systems to improve monitoring and royalty distribution. In conclusion, while CMOs hold a crucial position in strengthening legal protection for creators, their optimal performance depends on the synergy between effective governance, technological adaptation, strengthened law enforcement, and increased public awareness. Enhancing these aspects is essential to establish a fair, transparent, and sustainable copyright protection system that supports the growth of the music industry.
MODERN CONTRACT LAW: DYNAMICS OF AGREEMENTS IN THE ERA OF ECONOMIC DIGITALIZATION Adnan Lira; St Hatidja
Leges Privatae Vol. 2 No. 6 (2026): APRIL - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/065q7k73

Abstract

The digitalization of the economy has revolutionized the way humans interact legally, particularly in the formation and implementation of agreements. The rapid development of information technology has given rise to new transaction models that cannot always be adequately accommodated by the Civil Code (KUHPerdata), which was created in the 19th century. This article examines in depth the dynamics of the transformation of contract law in the context of economic digitalization, including aspects of the validity of electronic contracts, the legal status of blockchain-based smart contracts, consumer protection in the digital trade ecosystem, and the challenges of jurisdiction and choice of law in cross-border digital transactions. Using normative legal research methods through statutory, conceptual, and comparative law approaches, this study concludes that Indonesia's contract law framework requires systemic modernization that includes formal recognition of algorithmic contracts, revision of the concept of agreement in the context of digital interfaces, strengthening the principle of proportionality in electronic adhesion contracts, and establishing a dispute resolution mechanism that is responsive to the unique characteristics of digital transactions. Recommendations include the establishment of a comprehensive national contract law, strengthening technical regulations in the field of electronic signatures, and harmonizing the law with international standards UNCITRAL.
CIVIL LIABILITY FOR ARTIFICIAL INTELLIGENCE-BASED DECISION MAKING: LEGAL CHALLENGES AND FUTURE DIRECTIONS Rachmadi Usman
Leges Privatae Vol. 2 No. 2 (2026): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zh8zna35

Abstract

The rapid diffusion of artificial intelligence (AI) into decision-making processes across banking, healthcare, transportation, and public administration has exposed significant gaps in existing civil liability regimes, most of which were designed for human tortfeasors or physical products rather than autonomous, self-learning systems.[1] This article examines the legal challenges that AI-based decision-making poses to conventional doctrines of fault, causation, and foreseeability, and evaluates the extent to which existing civil law frameworks, both in comparative jurisdictions and in Indonesia, remain adequate to allocate liability when an algorithmic decision causes harm. Using a normative juridical method combining statutory, comparative, and conceptual approaches, the study analyzes recent regulatory developments, including the European Union’s now-withdrawn AI Liability Directive, the revised Product Liability Directive, and Indonesia’s Civil Code, Consumer Protection Law, and Personal Data Protection Law. The findings indicate that the opacity of many AI systems, the diffusion of responsibility among developers, deployers, and users, and the unresolved question of AI legal personhood collectively produce what several scholars describe as a liability gap that existing fault-based regimes cannot adequately close. The article concludes by proposing a layered civil liability framework that combines risk-based strict liability, a rebuttable presumption of causation, mandatory insurance mechanisms, and algorithmic transparency obligations as future directions for both international and Indonesian law reform, and it argues that legislative intervention, rather than incremental judicial adaptation alone, is necessary to restore legal certainty for victims of AI-related harm.
THE DEVELOPMENT OF CONTRACT LAW IN THE DIGITAL ECONOMY: CHALLENGES AND OPPORTUNITIES UNDER INDONESIAN CIVIL LAW Tiara Mustika
Leges Privatae Vol. 2 No. 2 (2026): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aascwd52

Abstract

The rapid expansion of Indonesia's digital economy, encompassing e-commerce, digital lending, and blockchain-based transacting, has generated an urgent need to assess whether Indonesian civil law, rooted in the century-old validity doctrine of Article 1320 of the Kitab Undang-Undang Hukum Perdata (KUHPerdata), remains adequate to govern contracts formed and performed through electronic and automated means. This article employs normative juridical research, combining statutory and conceptual approaches, to examine the legal validity and formation of clickwrap agreements, electronic signatures, and smart contracts under the KUHPerdata, the Electronic Information and Transactions Law, and Government Regulation No. 71 of 2019. The findings show that Article 1320's consensualist framework, reinforced by the functional-equivalence doctrine, accommodates most digital contracting forms, yet significant implementation gaps persist in the evidentiary treatment of uncertified electronic signatures, the accommodation of deterministic smart-contract performance within doctrine on defects of consent, the protection of consumers and micro, small, and medium enterprises against platform-drafted standard terms, the interaction between contractual and data-processing consent under the Personal Data Protection Law, and the enforcement of cross-border digital transactions. The article recommends graduated evidentiary reform for electronic signatures, sector-specific smart-contract guidance built on a hybrid-contract model, full operationalization of data-protection supervisory institutions, and closer alignment with UNCITRAL harmonizing instruments, concluding that Indonesia's task is one of regulatory completion rather than doctrinal replacement.
THE ENFORCEMENT OF ELECTRONIC CONTRACTS IN INDONESIA: A REVIEW OF CIVIL LAW PRINCIPLES AND JUDICIAL PRACTICE Syahrul Ibad
Leges Privatae Vol. 2 No. 2 (2026): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7jqt2k89

Abstract

The rapid expansion of digital commerce in Indonesia has transformed the way in which parties negotiate, conclude, and perform contractual obligations, yet the legal architecture governing these transactions remains rooted in a civil code drafted more than a century before the advent of electronic communication. This article examines how the foundational principles of Indonesian contract law consensualism, capacity, a determinate object, and a lawful cause as codified in Article 1320 of the Civil Code are applied to electronic contracts and reconciled with the specific requirements introduced by Law Number 11 of 2008 concerning Electronic Information and Electronic Transactions, as amended, and its implementing regulation, Government Regulation Number 71 of 2019. Employing normative legal research supported by a review of judicial decisions and secondary literature, the study finds that while the formal validity of electronic contracts is now firmly established in statute, the practical enforcement of such contracts before Indonesian courts continues to be complicated by unresolved questions of evidentiary weight, the certification status of electronic signatures, jurisdiction over cross-platform disputes, and the protection of economically weaker parties bound by standard-form electronic agreements. The article further shows that judicial practice has developed unevenly: courts increasingly admit electronic evidence, yet they continue to apply inconsistent standards when assessing the authenticity and integrity of that evidence. Drawing on recent Indonesian scholarship and documented court practice, the article concludes that legislative recognition alone cannot guarantee enforceability, and that coherent procedural guidelines, judicial training, and closer integration between electronic transaction law and civil procedure are necessary to secure legal certainty for electronic contracting in Indonesia.
LEGAL PROTECTION FOR CONSUMERS IN DIGITAL TRANSACTIONS: A SYSTEMATIC REVIEW OF CIVIL LAW PERSPECTIVES Arlinta Prasetian Dewi
Leges Privatae Vol. 2 No. 2 (2026): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/c2z99359

Abstract

The rapid expansion of digital commerce has fundamentally transformed the manner in which contracts are formed, performed, and enforced, thereby raising urgent questions about the adequacy of classical civil law doctrine to protect consumers who transact online. This article conducts a systematic review of civil law perspectives on consumer protection in digital transactions, synthesizing findings from twenty-three peer-reviewed studies published mainly between 2020 and 2026 across multiple jurisdictions, including Indonesia, Oman, Ecuador, Saudi Arabia, Malaysia, Brazil, and several cross-border and comparative settings. Employing a normative-juridical method combined with a systematic literature review protocol, the study examines how doctrines of offer and acceptance, contractual validity, standard-form agreements, and good faith are being reinterpreted to address the asymmetries of information, bargaining power, and technological complexity inherent in online transactions. The review finds that although most civil law systems retain the four classical conditions of contract validity, namely agreement of the parties, capacity, a certain object, and a lawful cause, their application to electronic contracts, smart contracts, and platform-mediated transactions remains fragmented and unevenly enforced. It further identifies personal data protection, algorithmic and smart-contract governance, and cross-border jurisdictional conflict as the three most pressing frontiers where civil law consumer protection frameworks currently fall short. The article concludes that harmonizing sector-specific regulation, namely electronic transactions law, consumer protection law, and personal data protection law, within a coherent civil law framework is essential to secure meaningful redress for digital consumers, and it proposes a research and policy agenda oriented toward that end.

Page 6 of 7 | Total Record : 61

 3   4   5   6   7 

Filter by Year

2024 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 6 (2026): APRIL - JOY Vol. 2 No. 5 (2026): FEBRUARY-JOY Vol. 2 No. 2 (2026): AUGUST - JOY Vol. 2 No. 4 (2025): DECEMBER-JOY Vol. 2 No. 3 (2025): OCTOBER-JOY Vol. 2 No. 2 (2025): AUGUST-JOY Vol. 2 No. 1 (2025): JUNE-JOY Vol. 1 No. 6 (2025): APRIL-JOY Vol. 1 No. 5 (2025): FEBRUARY-JOY Vol. 1 No. 4 (2024): DECEMBER-JOY Vol. 1 No. 3 (2024): OCTOBER-JOY Vol. 1 No. 2 (2024): AUGUST - JOY Vol. 1 No. 1 (2024): JUNE-JOY More Issue