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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 47 Documents
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Kedudukan dan Akibat Hukum Klausula Baku dalam Perjanjian Perspektif Hukum Perikatan Fahira Khoirun Nissa
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

The development of contractual practices in modern society has led to the increasingly frequent use of standard clauses drafted unilaterally by one of the contracting parties. These standard clauses are commonly found in various civil legal relationships, particularly in mass and standardized agreements. This condition raises legal issues concerning the legal position and legal consequences of standard clauses in agreements, particularly from the perspective of the law of obligations. This study aims to analyze the legal position of standard clauses in agreements and examine the legal consequences arising from their use based on the perspective of the law of obligations. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary and secondary legal sources, which are analyzed qualitatively through legal interpretation to obtain a comprehensive understanding of the issues under study. The results indicate that standard clauses constitute a legitimate part of an agreement and are legally binding as long as they fulfill the legal requirements for a valid agreement as stipulated in the Indonesian Civil Code. In terms of legal consequences, standard clauses create binding rights and obligations for the parties; however, their enforceability is not absolute, as it is limited by the principles of pacta sunt servanda, good faith, propriety, and the provisions of statutory regulations, particularly the Consumer Protection Law. Therefore, standard clauses may be validly applied in agreements, provided that their implementation upholds the principles of justice, balance between the parties, and legal protection to prevent the misuse of clauses that may disadvantage the weaker party.
Pemutusan Perjanjian Secara Sepihak dalam Hukum Perikatan Indonesia Ditinjau dari Akibat Hukum dan Perlindungan terhadap Pihak yang Dirugikan Kayla Vania Gita Putri
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

Unilateral termination of an agreement is one of the issues frequently encountered in Indonesian civil law practice, as it may create legal uncertainty and cause losses to the parties bound by the agreement. Although the Indonesian Civil Code has regulated the mechanism for contract cancellation, differences in its application remain, particularly regarding the legal consequences and the forms of legal protection available to the aggrieved party. This study aims to analyze the legal consequences of unilateral termination of an agreement and the legal protection that may be afforded to the injured party under Indonesian contract law. This research employs a normative legal research method using statutory and conceptual approaches through library research on primary, secondary, and tertiary legal materials. The findings indicate that, in principle, unilateral termination of an agreement contravenes the principle of pacta sunt servanda as stipulated in Article 1338 of the Indonesian Civil Code. Furthermore, cancellation of an agreement due to breach of contract must generally be requested through the court pursuant to Article 1266 of the Indonesian Civil Code. Therefore, unilateral termination carried out without following the prescribed legal procedure may result in the agreement remaining legally binding, the obligation to pay damages, and even the possibility of being classified as a tort if conducted in bad faith. Legal protection for the aggrieved party may be pursued through claims for specific performance, cancellation of the unlawful termination, compensation for damages, and the application of the principles of good faith, fairness, and justice in dispute resolution.
Status Hukum dan Pemenuhan Hak Keperdataan Anak Hasil Pernikahan Siri dalam Perspektif Hukum Positif Indonesia Nidha Raihani Aulia; Dikha Anugrah; Yayan Hadiyanto
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

Unregistered marriage (nikah siri) remains a common phenomenon in Indonesia as it is considered valid under religious law but is not officially recorded in accordance with national legal requirements. This condition raises legal issues, particularly regarding the legal status and civil rights of children born from such marriages. This study aims to examine the legal regulation concerning the status of children born from unregistered marriages and to analyze the legal protection of their civil rights within the framework of Indonesian positive law. This research employed a normative juridical method using statutory and conceptual approaches, supported by library research on legislation, court decisions, and relevant legal literature. The findings indicate that the absence of marriage registration weakens legal certainty regarding the child's administrative status and may hinder the fulfillment of civil rights, including legal recognition of the biological father, identity rights, inheritance rights, and access to public services. Nevertheless, the Constitutional Court Decision Number 46/PUU-VIII/2010 has strengthened legal protection by recognizing the possibility of a civil legal relationship between a child born outside a registered marriage and the biological father, provided that such relationship can be established through scientific evidence or other legally recognized means. Legal certainty regarding the child's civil rights may further be enhanced through marriage validation (isbat nikah) and the official registration of the marriage in accordance with applicable laws.
Kegagalan Penerapan Asas Itikad Baik dalam Praktik Fake Reviews pada Transaksi E-Commerce Berdasarkan Analisis Sistem Hukum Lawrence M. Friedman Siti Alya Cantika Nurjihan
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

The development of electronic commerce (E-Commerce) has transformed the way people conduct transactions by utilizing digital systems as a medium for information exchange and contract formation. One of the emerging phenomena in electronic transactions is the practice of fake reviews, which are used to influence consumers' perceptions of products or services. This practice has the potential to violate the principle of good faith because it provides information that does not reflect actual conditions and may mislead consumers in the decision-making process. This study aims to analyze the failure of the implementation of the principle of good faith in the practice of fake reviews in E-Commerce transactions based on Lawrence M. Friedman’s legal system theory. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that, normatively, the principle of good faith is regulated under Article 1338 paragraph (3) of the Indonesian Civil Code and is further supported by the provisions of the Consumer Protection Law. However, the implementation of this principle has not been effective due to weaknesses in the legal substance, which does not specifically regulate fake reviews, the legal structure, which has not optimally carried out supervision and law enforcement, and the legal culture of society, which remains permissive toward the manipulation of digital reviews. Therefore, strengthening regulations, enhancing oversight of E-Commerce platforms, and increasing public legal awareness are necessary to ensure consumer protection and justice in digital transactions.
Keabsahan Perjanjian Jual Beli Online yang Dilakukan Anak di Bawah Umur dalam Perspektif Hukum Perikatan Abdul Karnaen
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

The rapid development of digital technology has led to a significant increase in online buying and selling transactions involving various legal subjects, including minors. This phenomenon raises legal issues concerning the capacity to act in digital agreements and the legal consequences arising therefrom. This article aims to analyze the validity of online sale and purchase agreements entered into by minors under the law of obligations, as well as to examine the legal consequences and dispute resolution mechanisms that may arise. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that online sale and purchase agreements made by minors do not fulfill the requirement of legal capacity as a subjective element under Article 1320 of the Indonesian Civil Code (KUHPerdata), rendering such agreements voidable (vernietigbaar). The legal consequences include the possibility of contract annulment, restoration of the parties to their original positions, and the emergence of certain civil liabilities while still considering the principle of child protection. Dispute resolution is primarily pursued through non-litigation mechanisms by emphasizing the principles of child protection and legal certainty.
Perlindungan Hukum Terhadap Konsumen dari Praktik Hidden Cost dalam Perjanjian Pinjaman Online Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Rifqi Salam Muhammad Shahih; Hesti Dwi Astuti; Leny Megawati
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

The massive growth of financial technology-based online lending services in Indonesia has given rise to a serious legal problem, namely the practice of hidden cost imposed upon consumers without prior adequate disclosure of fee information. This study aims to analyze the legal framework governing cost transparency in online loan agreements, to identify the factual forms of hidden cost practices, and to examine the legal protection available to consumers under Law Number 8 of 1999 on Consumer Protection. The normative juridical method with descriptive-analytical specification was employed, with primary legal materials comprising the Consumer Protection Law, the Civil Code, and OJK Regulation Number 10/POJK.05/2022. The findings indicate that cost transparency regulations are normatively available; however, the absence of an explicit definition of hidden cost in POJK 10/2022 creates a normative gap that enables providers to claim formal compliance without fulfilling the substantive requirements of transparency. Hidden cost practices manifest in three forms: administrative fee deductions from disbursed funds without prior notice, imposition of disproportionate service fees, and progressive late payment penalties whose calculation mechanisms are not disclosed from the outset of the agreement all of which violate Article 18 of the Consumer Protection Law and potentially undermine the free consent requirement under Article 1320 of the Civil Code. Legal protection operates through a preventive channel in the form of transparency obligations and a repressive channel comprising clause nullification and compensation liability; however, its effectiveness will only be optimal when provider substantive compliance, non-merely-formal OJK supervision, and consumer legal awareness operate simultaneously and sustainably.
Implementasi Prinsip-Prinsip Pendirian Koperasi dalam Pembentukan Koperasi Desa Merah Putih: Studi pada Koperasi Desa Merah Putih Mancagar, Garawangi Didin Maulidina; Erna Wulansari; Muhammad Dafa Fauzan; Nidha Raihani Aulia; Sri Noviyanti Fadilah
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

This study examines the implementation of cooperative establishment principles in the formation of the Merah Putih Village Cooperative from the perspective of Law Number 25 of 1992 concerning Cooperatives. The research is motivated by the government's policy to accelerate the establishment of 80,000 village cooperatives through Presidential Instruction Number 9 of 2025, which raises legal issues concerning regulatory hierarchy, legal certainty, and conformity with cooperative principles. The study aims to analyze the legal framework governing the establishment of the Merah Putih Village Cooperative and evaluate its implementation in Mancagar Village, Garawangi District, Kuningan Regency. This research employs a normative-empirical legal research method with a qualitative approach through statutory analysis, legal principles, interviews, and field observations. The findings reveal that Law Number 25 of 1992 comprehensively regulates cooperative establishment principles, governance, membership, and capital mechanisms. Nevertheless, the implementation of the Merah Putih Village Cooperative still demonstrates several inconsistencies with cooperative principles, particularly in the top-down establishment process, dependence on government funding, and limited community participation. These conditions may undermine the principles of independence, democratic governance, and legal certainty in cooperative management. The study concludes that strengthening regulatory harmonization and promoting participatory implementation are essential to ensuring that the establishment of the Merah Putih Village Cooperative remains consistent with cooperative principles and achieves sustainable governance.

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