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Letterlijk
Published by Universitas Kuningan
ISSN : -     EISSN : 30629845     DOI : https://doi.org/10.25134/letterlijk.v2i2.1250
Core Subject : Economy, Education, Social,
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences
LETTERLIJK: Jurnal Hukum Perdata focuses on the development and critical analysis of contemporary civil law, particularly in the context of socio-economic transformation, digitalization, and evolving commercial practices. The journal prioritizes scholarly works that offer theoretical advancement, empirical findings, and normative analysis within the civil law domain. The scope of the journal is specifically directed to the following areas: Contract Law and Legal Obligations Including formation, validity, enforcement, breach of contract, and dispute resolution in both conventional and digital transactions. Consumer Protection Law Covering legal frameworks, dispute mechanisms, digital consumer rights, e-commerce protection, and regulatory developments. Business and Commercial Law Including corporate transactions, commercial agreements, business ethics, and legal aspects of trade and investment. Property and Civil Asset Law Addressing ownership, land law, inheritance, and legal issues related to civil assets. Digital Civil Law and Technology-Based Transactions Focusing on legal implications of digital contracts, electronic signatures, fintech, online platforms, and emerging legal challenges in the digital economy. Civil Law in Socio-Economic Context Exploring how civil law interacts with economic development, social justice, and public policy. Dispute Resolution in Civil Law Including litigation, arbitration, mediation, and alternative dispute resolution mechanisms.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 37 Documents
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Peran Perikatan dalam Menjamin Kepastian Hukum bagi Investor di Sektor Properti Indonesia Sulistiawan, Alvin Nur; Nurohma, Alya Caesar; Gunadi, Arianto
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.73

Abstract

Agreements in the Indonesian property sector have an important role in ensuring legal certainty for investors. This engagement includes investment agreements, contracts, and other agreements that regulate the relationship between parties involved in the property business. In this engagement, it regulates the role of investors in the property business. This engagement is very important because it provides legal certainty for investors in guaranteeing their rights and avoiding conflicts that can arise in the property business. In addition, it also helps to resolve settlements that may arise in the property business in a fair and transparent manner. The research method used in this article is a case study with a qualitative approach with research using secondary data from several sources such as books, journals, articles, and related news. Thus in this research, it is found that the engagement in the Indonesian property sector has an important role in ensuring legal certainty for investors. This engagement helps ensure the rights and obligations of each party, so that the property business can run smoothly and safely.  
Mekanisme Perlindungan Hukum bagi Pihak dalam Perikatan Kredit Perbankan Nurohman, Maman; Saputra, Muhammad Luthfi; Sanjaya, Shinta Putri; Rahmandita, Zheea Keisha
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.76

Abstract

Based on Article 1313 of the Civil Code, which states that an agreement is an act in which one or more people bind themselves to one or more other people. In the research we conducted, there were problems that were still widespread regarding banking credit agreement issues that had not yet been resolved. So in the research we conducted we discussed the protection mechanisms in banking credit agreements against cases of default that occur in banking credit agreements. The research we use is normative research, where in this research we delve more deeply into secondary information in the form of literature reviews and related laws and regulations. Banking credit agreements involve customers as debtors and banks as creditors. Legal protection in this agreement is regulated by various laws and regulations which regulate the rights and obligations of both parties, dispute resolution mechanisms, as well as preventing abuse of authority or default. The purpose of making a bank credit agreement in written form is to guarantee proof of the existence of the agreement if one of the parties breaks a promise or defaults, as well as guaranteeing legal certainty for both creditors and debtors.
Perikatan dalam Kontrak:Perlindungan Hukum bagi Pekerja dan Pengusaha Widiastuti, Rika; Anisa, Syalsa Nabila; Daniyal, Muhammad Syahdan
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.77

Abstract

Legal protection for workers in Indonesia is regulated in Law Number 13 of 2003 concerning Employment. The basic policy in Labor Law is to protect the weak party, in this case the worker or laborer, from the arbitrariness of the employer or entrepreneur. However, in reality, since the enactment of Law Number 13 of 2003 concerning Employment, many people have complained about the certainty of their employment status due to the fixed-term employment contract system. However, with the issuance of Law Number 11 of 2020 concerning Job Creation, there are many concerns that the implementation of work with Specific Time Agreement (PKWT) status will be further relaxed. The formulation of the problem discussed in this article is what is the form of legal protection for workers according to the Job Creation Law and what is the form of legal protection for workers according to Law Number 13 of 2003. The results of the research show that Law Number 13 of 2003 concerning Employment provides various forms of legal protection for workers in Indonesia. This protection includes the right to decent wages, reasonable working and rest periods, as well as social security such as health insurance, old age security and work accident insurance. Meanwhile, the Job Creation Law is considered to be more detrimental to workers or laborers, as if there is bias towards certain parties. Indirectly, this proves that the Job Creation Law does not have the principles of justice that it should be because in several articles what is needed for workers or laborers is actually omitted. 
Dampak Finansial Teknologi terhadap Hukum Perikatan di Indonesia Faturohman, Fatur; Susanti, Sindi; Amanda Fitria Azil Rahmawati Fauziah, Zfika
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.78

Abstract

This article discusses the impact of online agreements on the law of engagement. Increasingly complex growth and development in society must be accompanied and followed by developments and regulations that can fill or provide protection for the legal needs required by society. However, with the ease of carrying out financing transactions through financial technology, parties who enter into agreements online are vulnerable and have a high potential for bad faith from other parties in entering into an agreement. The research method used is a normative legal research method with a deeper understanding of secondary information in the form of literature reviews and statutory regulations, and related literature. The results of the research show that legal protection for the parties involved is regulated in POJK NO.77/2016, the rapid development of the digital world and progress every year cannot be avoided by online-based technology, this innovation greatly influences the lifestyle of the economic community and of course provides development also to the law of Engagement.
Analisis Hukum Perikatan dalam Konteks Digital : Tantangan dan Peluang di Era Industri 4.0 Didit Firmansyah; Ramadhan, Irsyal; Jelita Kusuma , Metha; Setraati, Regi
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.79

Abstract

The increasingly developing internet-based technology has also influenced trade activities in society.  With the internet, trading activities can be carried out electronically, or what is better known as electronic-commerce and abbreviated as e-commerce.  Likewise in Indonesia.  In carrying out e-commerce transaction activities, transaction activities from the time an offer is made by the seller (manufacturer) to the buyer (consumer) until the implementation agreement is issued, all buying and selling uses electronic data by utilizing the internet network both by means of computers and communication tools.  such as gadgets and cell phones, so that buying and selling transactions can be carried out anywhere, anytime and in a very flexible way.  With its unique characteristics, it sometimes creates problems of legal certainty.  Wider problems occur in the civil sector because electronic transactions for e-commerce based buying and selling transactions have become part of national and international commerce.
Analisis Yuridis terhadap Pelanggaran Syarat Objektif dalam Pasal 1320 Kitab Undang-Undang Hukum Perdata Meilany, Dela; Abdullah, Fariz Azka; Azasa, Ivan Rigi; Ayudhia, Mozza
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.105

Abstract

  This research aims to analyze and seek information regarding violations of the objective requirements in Article 1320 of the Civil Code. Buying and selling is a type of agreement regulated in the Civil Code, namely that one party binds himself to hand over an object and the other party to pay the price that has been promised or determined. The research method used in this research uses a normative method, namely the rules of literature study, namely in the form of collecting and conducting a study of several library sources. This research discusses the legal regulations governing the buying and selling of illegal Mystery City goods (Mistery Box) in Indonesia, as well as the implications of the practice of buying and selling illegal Mistery Box goods on the enforceability of agreements and consumer protection. Buying and selling Mystery Boxes via the internet has a different appeal from regular online buying and selling. Buyers do not need to spend a lot of time choosing which product they want because they only need to spend money and pay for the contents of the box in the mystery box that is already visible in the market. The legal consequences that often arise in Mystery Box buying and selling transactions in online shops are unlawful acts and breaches of contract. In cases of default, the buyer may be subject to legal sanctions, including payment of damages to the seller and payment of court costs if the problem is resolved through court. 
Implikasi Hukum Ketidakterpenuhan Syarat Subjektif dalam Pasal 1320 Kitab Undang-Undang Hukum Perdata terhadap Keabsahan Perjanjian Sopiani, Susi; Vika Nur Senda; Mochamad Fajar Muzzamil
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.109

Abstract

According to article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is stated that Indonesia is a legal state. In social life, agreements play a very important role as a legal instrument that regulates relationships between individuals and between institutions. According to article 1313 of the Civil Code which reads, "An agreement is an act by which one or more people bind themselves to one or more other people. Fulfilling the subjective requirements in making an agreement according to Article 1320 of the Civil Code is very important to ensure the validity of the agreement. Failure to comply with these conditions can have serious legal implications, including cancellation of the agreement or a declaration that the agreement was invalid from the start. The author uses a type of juridical normative research method, by examining library materials or secondary data which includes, among other things, primary legal materials, secondary legal materials and tertiary legal materials. The result that can be concluded is that non-fulfillment of these subjective conditions makes the agreement revocable (vernietigbaar), which means the agreement remains in effect until an interested party requests its cancellation in court. Implications for the rights and obligations of the parties occur if the agreement is canceled due to non-fulfillment of subjective conditions, then the rights and obligations of the parties will follow the legal consequences of the cancellation.
Dinamika Hukum Perikatan dalam Praktik Perbankan terhadap Perlindungan Hukum Kreditur dan Debitur Minhatul Maula, Gefira; Fahmi Firmansyah; Fariz Yohana Fatahilah
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.110

Abstract

The background to this research focuses on the importance of legal protection in the relationship between creditors and debtors in banking practice. This balance of legal protection is crucial considering the potential for conflict and disputes that often occur in credit engagements. The aim of this research is to examine how legal protection is provided to creditors and debtors, as well as identifying effective dispute resolution efforts in banking practice. The research method used is a normative juridical approach with analysis of statutory regulations, legal doctrine and case studies. Data was collected through literature study and documentation relevant to the topic of legal protection and banking dispute resolution. The research results show that legal protection for creditors includes the right to collateral and guarantees, as well as a clear and firm guarantee execution mechanism. On the other hand, legal protection for debtors includes the right to transparent information, protection from abusive collection practices, and a fair debt restructuring mechanism. Further discussion reveals that efforts to resolve disputes between creditors and debtors are often carried out through mediation, arbitration and litigation. The conclusion of this research is that balanced and effective legal protection for creditors and debtors is very important to maintain stability and trust in banking practices. Increased regulation and stricter supervision, as well as the promotion of alternative dispute resolution methods, can help reduce conflict and increase compliance with existing legal regulations.  
Evolusi Perikatan dalam Transaksi E-Commerce : Regulasi dan Implementasi di Indonesia Anggini, Gina; Gita Silva Pramesti; Chaerunisa, Hilda; Tustinaningsih, Ine; Dwi Nurrohmah, Irma
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.116

Abstract

This article explains the evolution of the development of e-commerce in Indonesia, as well as regulation and enforcement. Development of information and communication technology has a big impact on various aspects of life, including activities commercial. E-commerce by utilizing internet technology has changed the traditional buying and selling transaction paradigm becomes more effective and efficient. These technological advances have legal implications that need to be considerespecially regarding the legal relationship (bond) formed between the perpetrators economics and consumers in electronic commerce. This article examines challenges and efforts in developing regulations for participation in electronic commerce and implementing effective legal regulations for guarantee legal certainty for all involved. We look forward to this discussion can produce a more comprehensive understanding of the problem laws that arise in the e-commerce ecosystem in Indonesia and facilitate development of a legal framework that takes into account unique characteristics digital commerce.  
Perkembangan Perikatan dalam Kontrak Bisnis Ditinjau dari Perspektif Hukum Indonesia Putry Delsa Hasanah; Rival Febriyana; Cahya, Nur
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.117

Abstract

This article examines the changes in business contract obligations from a legal perspective in Indonesia. As a key component of business contracts, obligations have undergone various transformations due to regulatory developments, economic shifts, and technological advancements. This research aims to evaluate the impact of regulatory changes on the evolution of obligations and identify the factors influencing the dynamics of obligations in business contracts in Indonesia. Using a normative juridical analysis method, the article explores the application of legal principles of obligations in business practices in Indonesia. Additionally, this research addresses the legal challenges that arise in the execution of business contracts and compares the development of obligations in Indonesia with several other countries. The findings of this study reveal that adaptation to new regulations and technological innovation are crucial factors in the development of business contract obligations in Indonesia.  

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