Leges Privatae (LP) is a peer-reviewed, open access international journal that discusses politics of law in general and discuss discourses on the development of civil law and government policy from various perspectives. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal. Journal title : Leges Privatae Initials : LP Frequency : 6 (six) times a year (February, April, June, August, October, December) DOI : 10.62872 ISSN Online : 3048-3123 Editor in Chief : Angga A.G Managing Editor : Fitri Arianti Saputri, S.H Assistant Editor : Sefiani Dwi Azmi Publisher : PT. Anagata Sembagi Education Accreditation : Index Copernicus International
Uang Panai And Its Legality: When Tradition Intersects With Civil Law
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.
Copyright (c) 2025 Rizky Wisudawan Katjong, Revie Kurnia Katjong (Author) https://creativecommons.org/licenses/by-sa/4.0
Civil Legal Protection Against Patients For Chatbot-Based Health Consultation Malpractice
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.
Copyright (c) 2025 Andi Hartawati, A. Silfiana Sirajuddin, MUHAMMAD SUMARDIN (Author) https://creativecommons.org/licenses/by-sa/4.0
The Relationship Between Consumer Legal Literacy Level And Dispute Resolution Of Buy Now Pay Later Service
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.
Copyright (c) 2025 Lina Maulidiana, Rendy Renaldy, Erni Yoesry (Author) https://creativecommons.org/licenses/by-sa/4.0
MEDIATION EFFECT OF NOTARY VERIFICATION DALAM PERJANJIAN WARISAN DIGITAL
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.
Copyright (c) 2025 Henny Saida Flora, edison (Author) https://creativecommons.org/licenses/by-sa/4.0
Credit Relaxation as an Instrument of Legal Protection for Debtors During the Covid-19 Pandemic
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
Copyright (c) 2025 Edison, Rr. Ani Wijayati, Diana Ria Winanti Napitupulu (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Consumers in Online Transactions: A Case Study of Marketplace Platforms in Indonesia
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.
Copyright (c) 2025 Harry Tuhumury (Author) https://creativecommons.org/licenses/by-sa/4.0
Civil Liability in Medical Malpractice Cases in Private Hospitals
This study examines civil liability in medical malpractice cases in private hospitals in Indonesia, which still face legal uncertainty due to the difference in the basis of claims between unlawful acts and breach of contract, as well as the limited application of the vicarious liability principle. This study uses a normative juridical method with a statutory, conceptual, and case-based approach, utilizing secondary data from legal literature, regulations, and court decisions related to medical malpractice. The results show that the application of vicarious liability in private hospitals is often hampered by the partnership-based working relationship between doctors, allowing hospitals to avoid direct liability. Furthermore, disharmony between the Civil Code, the Health Law, the Hospital Law, and the Consumer Protection Law creates evidentiary obstacles and jurisprudential inconsistencies. The discussion underscores the need for regulatory harmonization, national guidelines for proving medical malpractice, and affirmation of the direct liability of private hospitals to strengthen patient legal protection. In conclusion, increasing legal certainty and patient protection requires regulatory reform and consistent application of the civil liability principle, which is also expected to encourage improved quality of healthcare services in private hospitals.
Copyright (c) 2025 Henny Saida Flora (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Position of Substitute Heirs in the Distribution of Inheritance: A Comparative Study of the Civil Code and the Compilation of Islamic Law
This study examines the legal status of substitute heirs in inheritance distribution through a comparative study between the Civil Code (KUH Perdata) and the Compilation of Islamic Law (KHI). The background of the study is based on differences in the regulation and practice of inheritance distribution, particularly in terms of scope, portion size, and the legal philosophy used. The research method applied is normative juridical with a comparative approach, using analysis of laws and regulations, court decisions, and academic literature from 13 scientific journal sources. The results show that the Civil Code regulates substitute heirs with a broader scope, including lateral and upward lines, and applies the principle of equality of distribution. In contrast, the KHI limits the replacement only to a straight line downward and follows the faraidh principle that distinguishes the shares of men and women. The discussion reveals that this difference is influenced by differences in the legal philosophy of the Civil Code based on equality of rights, while the KHI is based on sharia distributive justice. The conclusion of the study confirms that although there are similarities in the recognition of the rights of substitute heirs, fundamental differences remain. Procedural harmonization between the two legal systems is necessary to provide certainty and justice in cross-jurisdictional inheritance cases in Indonesia.
Copyright (c) 2025 Qadriani Arifuddin (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Review of the Transfer of Waqf Land Functions for Commercial Purposes
Increasing global awareness of the climate crisis has driven a paradigm shift in development towards a sustainability-oriented green economy. Indonesia, as a party to the Paris Agreement and an implementer of the Sustainable Development Goals, is obliged to integrate sustainability principles into its investment policies. Legal certainty is a key pillar to create a stable and predictable investment climate, especially in long-term sectors such as renewable energy, sustainable natural resource management, and environmentally friendly infrastructure. This research uses normative juridical methods with legislative, conceptual, and comparative approaches, examining Law No. 25 of 2007, Law No. 32 of 2009, as well as international best practices such as the EU Taxonomy and Singapore's Green Finance Action Plan. The results of the study show that even though Indonesia already has a Green Taxonomy, its implementation is still limited, hampered by regulatory disharmony, weak institutional capacity, and the risk of greenwashing. The recommendations included the establishment of a nationally binding green taxonomy, coordination of central-regional policies, competitive legal and fiscal incentives, and firm law enforcement. This effort is expected to strengthen the competitiveness of Indonesia's green investment at the global level while ensuring a balance between economic growth, environmental protection, and social welfare
Copyright (c) 2025 Aisyah Aisyah, Syafruddin Syafruddin, Hediyanto Harahap (Author) https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Electronic Mediation in Religious Courts Based on Supreme Court Regulation No. 3 of 2022 concerning Electronic Mediation in Courts (Case Study at the Karawang Religious Court)
Advances in information technology have driven significant transformations in supply chain management, including in the healthcare logistics sector, which requires fast, precise, and safe distribution. One recent innovation is the integration of conventional transportation with autonomous vehicles (AVs) in the distribution of healthcare products. This study aims to analyze the effectiveness of this hybrid healthcare logistics model by assessing its impact on distribution speed, cost efficiency, and product safety. The research method used a mixed methods approach, involving a quantitative survey of 120 respondents consisting of hospital logistics managers, transportation providers, and regulators, as well as in-depth interviews with 10 industry experts. Quantitative data were analyzed using multiple linear regression tests to measure variable relationships, while qualitative data were analyzed using thematic analysis to gain insights into field implementation. The results showed that the integration of AVs with conventional transportation increased distribution speed by up to 27% and reduced operational costs by an average of 18%, while also improving product safety through sensor systems and real-time monitoring. However, regulatory and infrastructure constraints are factors that hinder widespread adoption. These findings confirm that hybrid healthcare logistics can be a strategic solution in modernizing healthcare product distribution, provided it is supported by adaptive policies and inclusive technology development.
Copyright (c) 2025 Lia Amaliya, Farhan Asyhadi, Aef Sulaeman, Imas Rosidawati (Author) https://creativecommons.org/licenses/by-sa/4.0
The Legal Protection for Third Parties in Confidential Agreements
This study examines the legal position and protection of third parties affected by confidential agreements under Indonesian contract law. Rooted in the principle of privity of contract, the Indonesian Civil Code recognizes contractual rights and obligations only between the parties directly involved. However, in modern legal and business practices, confidential agreements such as non-disclosure agreements (NDAs), exclusivity contracts, and private arrangements often have unintended consequences for external parties. This normative legal research employs statutory, conceptual, and case approaches to critically analyze the limitations of current regulations and explore comparative models from other jurisdictions, such as the United Kingdom’s Contracts (Rights of Third Parties) Act 1999. The findings reveal a normative gap in Indonesian law that fails to account for the legitimate interests of third parties harmed by undisclosed contractual arrangements. The study recommends the development of a more inclusive legal framework through legislative reform and progressive judicial interpretation, ensuring fairness and legal certainty in contractual relationships involving broader societal impact.
Copyright (c) 2025 Alwi Jaya (Author) https://creativecommons.org/licenses/by-sa/4.0
Credit Insurance as a Legal Risk Mitigation Mechanism in Promoting Stability and Soundness in the Banking Industry
Credit insurance serves as a strategic legal and financial instrument designed to mitigate credit risk in the banking industry. By insuring potential default losses from borrowers, credit insurance operates not only as a risk transfer mechanism but also as a form of legal protection that enhances the resilience and soundness of banks. This paper applies legal protection theory and the theory of the function of law as the main analytical tools to examine how credit insurance contributes to financial stability. Using a normative legal research method, supported by statutory and conceptual approaches, this study finds that the existing regulatory framework in Indonesia while providing a foundation remains insufficient in ensuring effective legal protection for stakeholders. Thus, there is a need for regulatory enhancement, better supervision, and stronger dispute resolution mechanisms to ensure that credit insurance functions optimally in supporting banking health and financial system stability. Indonesia’s regulatory landscape for insurance and banking has evolved significantly, particularly following the enactment of Law No. 40 of 2014 on Insurance and Law No. 21 of 2011 on the Financial Services Authority (OJK). These laws outline the general principles of insurance activities and establish supervisory mechanisms to ensure market integrity. However, specific regulations on credit insurance especially as it pertains to banking risk remain underdeveloped. There is limited guidance on underwriting standards, premium calculation, claims procedures, and dispute resolution mechanisms tailored for credit insurance involving financial institutions. As such, the current framework provides only partial legal certainty and lacks the robustness required to support an effective credit insurance regime in the banking context.
Copyright (c) 2025 Diana R.W. Napitupulu (Author) https://creativecommons.org/licenses/by-sa/4.0
The Binding Power of Prenuptial Agreements in the Perspective of the Indonesian Civil Code and Jurisprudential Developments
This study explores the legal strength and enforceability of prenuptial agreements under the Indonesian Civil Code (KUH Perdata) and examines how jurisprudential developments, particularly the Constitutional Court’s Decision No. 69/PUU-XIII/2015, have shifted the legal landscape. Historically, prenuptial agreements were only recognized if executed before marriage, limiting legal protection for couples facing economic, personal, or property changes after marriage. Through a normative juridical approach supported by case analysis, this research reveals that the Constitutional Court’s decision has expanded the legal understanding of contractual freedom by allowing postnuptial agreements. Despite this progressive development, the implementation remains uneven due to inconsistencies in judicial interpretations, absence of procedural regulations, and social stigmas surrounding such agreements. The study concludes that a harmonized legal and administrative framework is necessary to ensure consistent enforcement and public acceptance. Prenuptial and postnuptial agreements, if properly regulated and socially acknowledged, can serve as important instruments for protecting individual rights and maintaining legal certainty in marital relationships.
Copyright (c) 2025 Basri Basri (Author) https://creativecommons.org/licenses/by-sa/4.0
Settlement of civil disputes through mediation: its effectiveness and challenge in the District Court
This study aims to examine the effectiveness of mediation in resolving civil disputes and to identify various challenges faced at the District Court of Bandung. The approach used is normative-empirical juridical, combining analysis of the prevailing legal provisions particularly Supreme Court Regulation (PERMA) No. 1 of 2016 with empirical data obtained through interviews, observations, and document studies of civil cases undergoing mediation. The findings indicate that although mediation has been normatively integrated into the civil justice system, its effectiveness remains low. The main obstacles include the public's low legal awareness regarding the benefits of mediation, the limited number and competence of judge-mediators, and the lack of facilities and institutional support. Furthermore, mediation is often perceived merely as an administrative obligation rather than a substantive dispute resolution mechanism. Therefore, regulatory reform, continuous mediator training, and intensive public education are needed to make mediation a more effective, efficient, and equitable alternative for dispute resolution.
Copyright (c) 2025 Henny Saida Flora, Andi Hartawati, Sachsyabillah Dwi Maharani Yusuf (Author) https://creativecommons.org/licenses/by-sa/4.0
Restructuring Indonesia’s Directorate General of Intellectual Property Into an Autonomous Agency to Strengthen Valuation Function and Economic Utilization of Intellectual Property in Indonesia
This research examines the urgency of restructuring the Directorate General of Intellectual Property (DGIP) into an autonomous body to strengthen the valuation functions and optimize the economic utilization of intellectual property in Indonesia. Intellectual Property (IP) plays a strategic role in driving innovation and knowledge-based economic growth. However, IP governance in Indonesia continues to face challenges, including weak institutional capacity, low commercialization rates of innovation outputs, and an inefficient valuation system. The Directorate General of Intellectual Property (DGIP), as the national authority responsible for IP protection and administration, currently lacks an adequate institutional structure to address these challenges optimally. This study examines three main issues: (1) the characteristics of current IP governance in Indonesia and its challenges in valuation and economic utilization; (2) the effectiveness of DGIP’s institutional framework in supporting IP valuation and commercialization; and (3) an ideal institutional restructuring model to transform DGIP into an autonomous body. The research combines normative juridical approaches, qualitative data analysis, and comparative studies of IP institutional models in South Korea, Japan, the United States, the European Union, China, Singapore, Saudi Arabia, and Egypt. Findings reveal that DGIP’s current administrative and bureaucratic structure limits flexibility in resource management, innovation ecosystem development, and IP commercialization. The study recommends restructuring DGIP into a Public Service Agency (PSA the Indonesian term being Badan Layanan Umum) to strengthen valuation functions and optimize the economic utilization of IP. This model is expected to enhance public service efficiency, encourage private sector engagement, and foster cross-sectoral synergy in developing a knowledge-based economy.
Copyright (c) 2025 Muhammad Insan Kamil (Author) https://creativecommons.org/licenses/by-sa/4.0
Intellectual Property Rights in the Digital Disruption Era: A Normative Review of Copyright Protection
The era of digital disruption has significantly transformed the landscape of intellectual property, particularly in the realm of copyright protection. With the rapid evolution of digital technology, creative works are now more vulnerable to unauthorized use, duplication, and distribution across various online platforms. This normative legal research aims to analyze the adequacy and responsiveness of existing copyright laws in addressing the challenges posed by digital advancements. Utilizing a statute and conceptual approach, the study examines the current regulatory framework in Indonesia and compares it with international standards. The findings indicate that existing copyright laws are still limited in their ability to offer comprehensive protection in the digital age. Key issues include weak enforcement mechanisms, lack of digital monitoring systems, and outdated legal provisions that do not reflect technological realities. The study emphasizes the urgent need for legal reform that integrates digital-based enforcement tools and aligns national copyright regulations with global legal frameworks. Strengthening the legal infrastructure and improving public awareness are essential to ensure effective copyright protection in the era of digital disruption.
The Effectiveness of Restorative Legal Approach in Handling Organized Crime in Indonesia
The restorative legal approach is an alternative method in handling crime that focuses on restoring relationships between perpetrators, victims, and the community, and prioritizes rehabilitation rather than punitive punishment. In Indonesia, where organized crime often involves complex networks and broad social impacts, this approach offers the potential to overcome challenges that exist in the conventional criminal justice system. This study aims to evaluate the effectiveness of the restorative legal approach in the context of handling organized crime in Indonesia. The research method used is qualitative, with data collection techniques through in-depth interviews with legal practitioners, law enforcement officials, and representatives of rehabilitation institutions, as well as document analysis and case studies related to the implementation of the restorative approach. The results of the study indicate that although the restorative legal approach can provide a more humanistic and constructive solution in some cases, significant challenges include resistance to change from the existing legal system, the need for training and a deeper understanding of this approach, and effective integration between restorative law and the existing criminal law system. This study suggests that in order to increase the effectiveness of this approach, there is a need for systemic reform, increased training, and the development of policies that support the implementation of restorative law in handling organized crime.
Transformation of Customary Law in the Era of Globalization: Impact on Local Legal Identity
This article examines the impact of globalization on customary law in Indonesia, focusing on how global social and economic changes affect local legal identities. Globalization, characterized by intense exchanges of information, culture, and technology, has brought about significant changes in the structure and practice of customary law across communities in the archipelago. This study uses a qualitative approach with a case study method to explore how customary law adapts to the pressures and opportunities posed by globalization. The findings suggest that while globalization can accelerate the modernization and recognition of customary law in national and international legal contexts, it also has the potential to threaten the preservation of traditional values and practices. The article identifies challenges, such as conflicts between customary law and modern law, and impacts on social cohesion and the legitimacy of customary law. Based on this analysis, the article proposes strategies to achieve a balance between the integration of customary law and the preservation of local identity, to ensure that traditional values continue to be respected in an increasingly complex global era.
The Implementation of Inheritance Rights Distribution for Children Born Outside of Marriage According to Islamic Law in the Application of the Inheritance Law System in Indonesia
This study discusses how the implementation of the inheritance rights of children born outside of marriage according to Islamic law in the application of the inheritance law system in Indonesia. In Islamic law, children born from a legitimate relationship have clear rights to their parents' inheritance. However, for children born outside of marriage, the situation becomes more complex. In many communities, social stigma and negative views of children born outside of marriage often affect their acceptance of inheritance rights. This can lead to injustice and discrimination, where these children do not get the rights they should receive according to Islamic law. The research method with a qualitative research type, this study uses library research, namely research that focuses and limits its activities to libraries to obtain data without conducting research in the field. Data collection techniques by conducting review studies of books, literature, notes, and reports that are related to the problem to be solved. Data sources in this study were obtained by tracing literature and laws and regulations, books, the Qur'an, and hadiths related to the research. Data collection techniques are carried out using documentary techniques. Documentary comes from the word document which means written object. In using the documentary method, the author collects written data such as books, scientific journals and so on. The results and discussion that in Islamic law, illegitimate children have limited inheritance rights, namely only the right to inherit from the mother and her family, without inheritance rights from the father. This is based on the view that illegitimate children do not have a legal bond with their father, but it is important to align the principles of Islamic law and positive law in regulating the inheritance rights of illegitimate children in order to realize justice and legal certainty for all parties. This harmonization effort will not only protect illegitimate children, but also strengthen the national inheritance law system as a whole
Copyright (c) 2025 Inayatillah Ridwan, Neni Ruhani, Neneng Nurhasanah, Lina Jamilah (Author) https://creativecommons.org/licenses/by-sa/4.0
Transformation of Customary Law in the Digital Era: Opportunities and Challenges in the Archipelago
The transformation of customary law in the digital era faces complex dynamics in the archipelago, where information and communication technology acts as a catalyst for change in various aspects of social and legal life. This article explores how digital advances affect customary law practices and cultural identities in Indonesia, and analyzes the opportunities and challenges that arise from the integration of technology into customary law systems. Using a qualitative approach, this article examines several cases across the archipelago to illustrate how digital technologies such as web-based applications, data management systems, and social media platforms are accelerating the process of customary law transformation. These transformations include the digitization of customary law administration, increased transparency in dispute resolution, and the potential for the preservation and promotion of local culture globally. However, the use of technology also poses significant challenges, such as the risk of loss of cultural authenticity, shifting traditional values, and unequal access to technology in more remote indigenous communities. This article also discusses how a culturally sensitive and inclusive approach can help address these challenges, by providing recommendations for policies and practices that support equitable and effective technology integration. The results of this study show that while digital technology offers opportunities to strengthen and develop customary law, it is important to pay attention to its impact on the social and cultural structures of indigenous communities. A holistic and participatory approach will be key to ensuring that the transformation of customary law in the digital era goes hand in hand with the preservation of cultural values ​​and community rights.
Evolution and Development of Customary Law in the Archipelago: From Tradition to Modernity
Customary law in the archipelago is a deep cultural heritage and plays a significant role in the lives of traditional communities. This article examines the evolution and development of customary law in Indonesia, from its traditional roots to its adaptation in a modern context. This study aims to understand how customary law, which was originally local and traditional, has adapted to social, political, and legal changes that have occurred at the national and global levels. Through a historical approach and literature analysis, this article identifies important stages in the evolution of customary law, including the influence of colonialism, integration with the national legal system, and post-independence legal reform. The main focus lies on how customary law adapts to the dynamics of modernity while maintaining its cultural essence. This study also explores the challenges faced by customary law in facing globalization and social change, as well as efforts to maintain its sustainability amidst an increasingly dominant national legal system. The results show that customary law has undergone significant changes but continues to play an important role in society. Adaptation of customary law includes adjusting norms and practices to align with national law and modern values, without losing its original cultural identity. This article concludes that although customary law faces various challenges, it continues to contribute to the preservation of culture and dispute resolution in indigenous communities, as well as playing a role in the development of more inclusive national laws.
The Influence of Globalization on Customary Legal Systems: A Review from an Archipelago Perspective
This article examines the impact of globalization on customary law systems in the archipelago, focusing on changes that occur in the structure and practice of customary law amidst the flow of modernization. Globalization has brought various significant impacts on customary law, both in positive and negative aspects. This study uses literature study and case analysis methods to evaluate how customary law adapts to or is affected by global trends. The results show that globalization affects customary law in various ways: from adjustments to international legal practices to challenges in maintaining local cultural identity. The author also notes that although globalization brings opportunities for the protection and recognition of customary rights through international cooperation, this is often accompanied by pressure to align customary norms with global standards that may not always be in accordance with local values. This article suggests the need for a balanced approach between maintaining the richness of customary law and adapting to global developments to ensure the sustainability of customary law systems in the archipelago.
Application of The Principles of Equality and Non-Discrimination in Civil Law: Harmonization with International Legal Standards
This study aims to analyze the application of the principles of equality and non-discrimination in Indonesian civil law as well as its harmonization with international legal standards. These principles form an essential foundation in protecting human rights and ensuring justice for all citizens without any discriminatory treatment. The research method used is normative, with a documentary study approach and comparative analysis of national legislation and related international legal instruments. The results show that although national legal norms have accommodated the principles of equality and non-discrimination, challenges in implementation still arise due to socio-cultural factors, limited understanding among legal officials, and a lack of regulations addressing modern discrimination issues. This study emphasizes the need to strengthen regulations, enhance the capacity of legal officials, and educate the public as efforts to effectively enforce these principles. A more progressive legal harmonization is expected to support the realization of social justice and human rights protection in Indonesia.
Revision of Civil Law: Challenges and Opportunities in The Modernization of The Legal System
The revision of the Indonesian Civil Code, inherited from Dutch colonial law, has become an urgent necessity in responding to the dynamic development of society, economy, and technology. This normative legal research aims to analyze the fundamental challenges faced in the process of revising the Civil Code, as well as the strategic opportunities that can be utilized to modernize the legal system. Through a normative-juridical approach supported by literature studies, legal documents, and comparative law analysis, this study identifies key weaknesses in the current Civil Code, such as outdated norms, lack of digital regulation, and inadequate protection for contemporary civil relations. The research also reveals the potential benefits of integrating digital law, simplifying legal procedures, recognizing local customary laws, and embedding the principle of justice to enhance legal relevance and responsiveness. The findings of this study offer theoretical and practical recommendations for stakeholders involved in legal reform efforts, emphasizing that modernizing civil law must be grounded in Indonesia's socio-cultural context while embracing global legal developments.
Consumer Protection in Digital Transactions: An Evaluation of Regulation and the Effectiveness of Law Enforcement
This study examines the protection of consumers in digital transactions in Indonesia by evaluating existing regulations and the effectiveness of law enforcement. With the rapid expansion of Indonesia’s digital economy, consumer rights face increasing challenges due to gaps in legal frameworks and enforcement mechanisms. Key laws analysed include the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law. While these regulations lay foundational protections, they often lack specificity and adaptability to the dynamic digital marketplace. The enforcement landscape is constrained by limited resources, fragmented institutional coordination, and insufficient judicial expertise, which hamper effective resolution of consumer disputes. A comparative analysis with jurisdictions such as the European Union and Singapore reveals best practices in regulatory clarity, empowered supervisory bodies, and consumer education that Indonesia could adopt. Empirical data highlights the urgency of reform as digital transactions and related consumer complaints grow rapidly. The study recommends legislative updates tailored to digital commerce, enhanced enforcement capacity through specialised authorities, and strengthened consumer awareness initiatives. These measures aim to establish a more robust and responsive consumer protection system, fostering trust and fairness in Indonesia’s digital economy. The findings contribute to ongoing discourse on balancing innovation and consumer rights in the digital age.
Juridical review of Consumer Dispute Resolution in Online Marketplace Transactions
The development of digital technology has driven the growth of online transactions through marketplace platforms, providing convenience for consumers in shopping. However, as electronic transactions increase, various disputes have arisen between consumers and business actors, such as mismatched products, delayed deliveries, and fraud. This study aims to examine the consumer dispute resolution mechanisms in marketplace transactions from a legal perspective, assess the effectiveness of existing regulations, and identify the challenges faced in their implementation. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that existing regulations, such as the Consumer Protection Law and the Electronic Information and Transactions Law (ITE Law), have not been fully effective in providing legal certainty for consumers. Differences in dispute resolution mechanisms across marketplaces and low consumer legal literacy are the main obstacles in protecting consumer rights. Therefore, it is necessary to strengthen regulations, ensure transparency in dispute resolution procedures, and improve consumer education to optimize the consumer protection system in electronic transactions.
Responsibility of E-Commerce Platforms to Consumers for illegal Products in Indonesia
The expansion of e-commerce in Indonesia has significantly transformed digital transactions, offering unparalleled convenience while simultaneously giving rise to pressing legal concerns regarding the distribution of unauthorized goods. Items such as unregulated pharmaceuticals, harmful beauty products, and counterfeit merchandise are increasingly prevalent on online marketplaces, endangering consumer safety. This research adopts a normative juridical framework, incorporating legislative, theoretical, and case-study approaches to examine the extent of liability e-commerce platforms bear in facilitating the trade of illegal products. Under Indonesia’s Consumer Protection Law, Trade Law, and the Electronic Information and Transactions (ITE) Law, these platforms are expected to regulate and oversee transactions, yet in practice, accountability predominantly falls on individual vendors. The principles of strict liability and vicarious liability provide a legal basis for evaluating platform responsibility in such cases. Findings suggest that enforcement mechanisms remain insufficient, allowing gaps in regulatory oversight. To address this, robust policies must be introduced, including stringent verification protocols for sellers and products, alongside stronger governmental supervision of digital commerce. Strengthening these regulatory frameworks will not only enhance consumer rights but also curtail the proliferation of illegal goods across e-commerce platforms, ensuring a safer and more accountable online marketplace.
Application of Pacta Sunt Servanda Principle in District Court Decision
The Pacta Sunt Servanda principle is one of the fundamental principles in the law of agreements which emphasizes that every agreement made legally binds the parties like a law. This research aims to analyze the application of the Pacta Sunt Servanda principle in the Indonesian legal system, especially in court decisions, and identify exceptions to the principle. The research method used is a normative juridical approach by analyzing laws and regulations, court decisions, and relevant legal literature. The results showed that this principle is regulated in Article 1338 paragraph (1) of the Civil Code, which emphasizes that a valid agreement must be carried out in good faith. However, there are exceptions in certain circumstances, such as force majeure (Article 1245 of the Civil Code) and the principle of justice in Article 1339 of the Civil Code. Case studies of court decisions show that although the principle of Pacta Sunt Servanda is generally applied consistently, there are variations in its interpretation, especially in cases involving public interest and consumer protection. The implication of this research is the need for caution in drafting contracts so that they do not only fulfill the elements of legality, but also consider aspects of justice and propriety. Thus, this research provides insights for academics, legal practitioners, and policy makers in understanding the dynamics of the application of Pacta Sunt Servanda in Indonesian treaty law.
Legal Implications of Pledge Injuries in Banking Credit Agreements
This study examines the legal implications of default (breach of contract) in banking credit agreements in Indonesia. Credit agreements play a crucial role in the banking sector, providing financial support for individuals and businesses. However, defaults in credit agreements have become a significant issue, affecting not only debtors and creditors but also the stability of the financial system. This research employs a normative legal method with a statutory approach, analyzing relevant laws and regulations such as the Indonesian Civil Code (KUH Perdata), Law No. 10 of 1998 on Banking, and OJK Regulations. The findings reveal that default in credit agreements is caused by various factors, including financial incapacity, unfavorable economic conditions, force majeure, bad faith of debtors, and bank mismanagement. The study also highlights the legal consequences of default, which include penalties, asset seizures, and litigation or non-litigation dispute resolution mechanisms. While litigation provides stronger legal certainty, it is time-consuming and costly, whereas non-litigation methods such as mediation and arbitration offer faster and more flexible resolutions. This study emphasizes the need for improved regulatory enforcement and preventive measures, such as enhanced risk assessment, debtor monitoring, and early warning systems to mitigate default risks. Strengthening collaboration between banks, regulators, and the judiciary is also essential to ensure effective legal protection for all parties involved in credit agreements.
Legal Analysis of Islamic Family Civil Dispute Settlement Through Mediation
The resolution of Islamic family civil disputes through mediation has been regulated in national regulations, particularly in Supreme Court Regulation (Perma) No. 1 of 2016. However, the implementation of this policy still faces various obstacles that hinder its effectiveness in peacefully resolving family disputes. This study aims to analyze the regulations governing mediation in the resolution of Islamic family disputes in Indonesia, evaluate the effectiveness of the applicable laws, and provide recommendations to enhance the role of mediation in the religious court system. Using a normative juridical method with a statute approach, this research examines how existing regulations have been implemented in practice and whether there is a need for revisions or improvements in the mediation system. The findings indicate that although mediation is mandatory in family dispute resolution, its success rate remains low due to limited public awareness, a shortage of certified mediators, and a lack of supervision and evaluation of its effectiveness.Therefore, strengthening the role of mediation is necessary by increasing mediator capacity, promoting the benefits of mediation to the public, and reinforcing regulations to ensure the optimal implementation of mediation. Thus, mediation is expected to become an effective solution in reducing the burden of cases in religious courts and achieving a more harmonious and fair resolution of family disputes.