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INDONESIA
INDONESIAN CIVIL LAW REVIEW
Published by PT. Makanja Group Publishing
ISSN : 31091466     EISSN : 3090868X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Focus And Scope Indonesian Civil Law Review (ICLR) focuses on the study of civil law across various fields that are cross-sectoral and multidisciplinary. The scope of this journal includes, but is not limited to, the following areas: General Civil Law: Law of Obligations, Property Law, Family Law, Inheritance Law, and Civil Procedural Law. Special and Commercial Civil Law: Business Law, Corporate Law, Contract Law, Consumer Protection Law, Intellectual Property Law, and Capital Market Law. Civil Law in Natural Resources and Environment: Agrarian Law (private law aspects), Forestry Law in its civil dimensions, Environmental Law based on civil liability, and civil aspects of marine and natural resource law. Social and Cultural Civil Law: Customary Law from a civil perspective, Islamic Law (muamalah), Islamic family law, and the interaction between civil law and society. Private International Law: Conflict of laws, cross-border transactions, and international civil dispute resolution. Interdisciplinary Studies in Civil Law: Sociology of Civil Law, Anthropology of Civil Law, Philosophy of Civil Law, Legal Politics of Civil Law, and Comparative Civil Law Studies. Civil Law and Governance: Civil aspects of administrative law, government contracts, and civil liability of the state and public institutions. Islamic Economic Law: Civil law perspectives within the Islamic economic system, including contracts (akad), sharia transactions, and Islamic financial institutions. Contemporary Issues in Civil Law: Developments in civil law from the perspectives of technology (digital contracts, fintech), personal data protection, gender, health, education, economics, social, and culture. The journal is also open to comparative law approaches and the development of civil law methodologies that are relevant to both global and local issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Legal Protection for the Weaker Party in Standard Form Contracts Based on Balance in Indonesian Civil Law Agus Widyantoro
Indonesian Civil Law Review Vol. 2 No. 1 (2026): PUBLISHED JUNE
Publisher : Indonesian Civil Law Review

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Abstract

This study analyzes legal protection for weaker parties in standard form contracts based on the principle of balance in Indonesian civil law. The main issue arises because standard contracts are drafted unilaterally by business actors, so the resulting consent is merely formal and does not reflect equal bargaining positions. This research aims to examine the legal status of standard contracts, identify forms of imbalance in contractual clauses, and formulate dispute resolution mechanisms based on the principle of balance. The method used is normative legal research employing statutory, conceptual, and case approaches through library research of legislation, doctrine, and judicial practice. The results show that standard contracts remain valid agreements, but their binding force is not absolute because they are subject to the principles of good faith and propriety. Imbalance appears through exoneration clauses, unilateral modification, limitation of legal remedies, transfer of liability, and non-transparent drafting. Dispute resolution is not carried out through total annulment but through corrective interpretation, exclusion of unfair clauses, and adjustment of the parties’ obligations. This study confirms that the principle of balance functions as a corrective to freedom of contract so that contracts not only ensure legal certainty but also deliver substantive justice to weaker parties in modern contractual relationships.
Expansion of the Meaning of Unlawful Acts in Corruption Cases: A Civil Law Perspective Jupri Jupri; Alyas Alyas; Mala Ilyas; Umar. P; Muh. Syarif Lamanasa Lamanasa
Indonesian Civil Law Review Vol. 2 No. 1 (2026): PUBLISHED JUNE
Publisher : Indonesian Civil Law Review

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Abstract

This study aims to analyze the expansion of the meaning of unlawful acts in corruption cases from a civil law perspective as an alternative instrument for recovering state losses. The main issue addressed is the limitation of criminal law approaches, which have not been able to optimally restore state losses resulting from corruption. This research employs a normative legal method with statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The findings indicate that the concept of unlawful acts can be expanded beyond violations of written legal norms to include breaches of public interest, propriety principles, and good governance. In this context, the state has legal standing as a subject of law to file civil lawsuits based on Article 1365 of the Civil Code against perpetrators of corruption and related parties. The novelty of this research lies in the integration model between criminal and civil law through civil litigation mechanisms, including the application of reversed burden of proof and the strengthening of asset recovery mechanisms. This approach is expected to create a more effective, comprehensive, and just anti-corruption system, particularly in recovering state losses.
Protection of Property Rights in Malaysian Civil Law: A Normative Study Azharun Bin Azlan Azharun; La Diu Samiun Diu
Indonesian Civil Law Review Vol. 2 No. 1 (2026): PUBLISHED JUNE
Publisher : Indonesian Civil Law Review

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Abstract

Protection of property rights is one of the fundamental elements of civil law because it is directly related to legal certainty, social stability, and the guarantee of human rights. In Malaysia, the protection of property rights has distinctive characteristics due to the influence of a plural legal system that combines common law, Islamic law, and customary law. This condition creates its own dynamics, particularly in the regulation of land, inheritance, contracts, and the resolution of property rights disputes. This study aims to analyze the forms of property rights protection in Malaysian civil law, identify the normative foundations governing them, and assess the effectiveness of legal protection for vulnerable groups in ownership disputes. This research employs normative legal research methods using statutory, conceptual, and comparative approaches. The data used are secondary data obtained through library research, including primary legal materials such as the Federal Constitution, National Land Code 1965, Contracts Act 1950, and Specific Relief Act 1950, as well as secondary legal materials in the form of books, scientific journals, and relevant court decisions. The results of the study show that Article 13 of the Federal Constitution provides constitutional guarantees for property rights through the prohibition of arbitrary deprivation and the obligation to provide adequate compensation. The National Land Code 1965 strengthens this protection through the Torrens-based land registration system. However, the effectiveness of such protection still faces obstacles, including jurisdictional conflicts between civil courts and Syariah courts, weak recognition of indigenous peoples’ land rights, and limited legal access for women and economically disadvantaged groups. In conclusion, the protection of property rights in Malaysia should not rely solely on formal legal certainty but must also be directed toward inclusive substantive justice. Therefore, harmonization of the legal system and the strengthening of affirmative policies are necessary to ensure fairer protection for all levels of society.
The Golomang Tradition in the Funeral Procession in Bolaang Mongondow from the Perspective of Islamic Law Madinah mokobombang; Candra Kirana Putri Calya Candra Kirana
Indonesian Civil Law Review Vol. 2 No. 1 (2026): PUBLISHED JUNE
Publisher : Indonesian Civil Law Review

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Abstract

This research is motivated by the people of Bolaang Mongondow, particularly in Otam Village, Bilalang Village, and Pangian Village, who continue to preserve the Golomang Tradition (Kolintang), as well as its conformity with Islamic law. This study aims to examine the procedures for carrying out the Golomang Tradition in mourning processions and to analyze it from the perspective of Islamic law. This research employs a qualitative method with sociological and normative approaches. The data sources were obtained from religious leaders, traditional leaders, and community members through observation, interviews, and documentation. The results of the study show that the Golomang Tradition is performed at several stages of mourning, namely after the arukus has been erected, after the body has been washed, before the remarks from village officials, when the body is about to be taken to its final resting place, and on the third, seventh, and fourteenth nights after the recitation of prayers. This tradition is understood by the community as a form of final respect and as a means of strengthening social solidarity. From the perspective of Islamic law, this practice does not contradict Islamic teachings as long as it does not contain elements of deviant belief and remains within the boundaries of permissible custom (‘Urf Shahih). Therefore, the Golomang Tradition can be positioned as a cultural custom that exists alongside the implementation of Islamic law in funeral rites.

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