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
MODERN CONTRACT LAW: DYNAMICS OF AGREEMENTS IN THE ERA OF ECONOMIC DIGITALIZATION
The digitalization of the economy has revolutionized the way humans interact legally, particularly in the formation and implementation of agreements. The rapid development of information technology has given rise to new transaction models that cannot always be adequately accommodated by the Civil Code (KUHPerdata), which was created in the 19th century. This article examines in depth the dynamics of the transformation of contract law in the context of economic digitalization, including aspects of the validity of electronic contracts, the legal status of blockchain-based smart contracts, consumer protection in the digital trade ecosystem, and the challenges of jurisdiction and choice of law in cross-border digital transactions. Using normative legal research methods through statutory, conceptual, and comparative law approaches, this study concludes that Indonesia's contract law framework requires systemic modernization that includes formal recognition of algorithmic contracts, revision of the concept of agreement in the context of digital interfaces, strengthening the principle of proportionality in electronic adhesion contracts, and establishing a dispute resolution mechanism that is responsive to the unique characteristics of digital transactions. Recommendations include the establishment of a comprehensive national contract law, strengthening technical regulations in the field of electronic signatures, and harmonizing the law with international standards UNCITRAL.
Copyright (c) 2026 Adnan Lira, St Hatidja (Author) https://creativecommons.org/licenses/by-sa/4.0
The Role of Collective Management Organizations in Providing Legal Protection to Creators of Musical Works and Songs
The rapid development of the music industry, driven by digital technology, has significantly transformed the creation, distribution, and consumption of musical works, while simultaneously increasing challenges related to copyright protection. In this context, collective management organizations (CMOs) play a strategic role as intermediaries in managing creators’ economic rights, particularly in licensing, royalty collection, and distribution. This study aims to examine the role of CMOs in providing legal protection for creators of musical works and songs, as well as to analyze the challenges affecting their effectiveness. This research employs a qualitative approach with a descriptive design, combining normative legal analysis with a limited empirical perspective. Data were collected through library research using primary, secondary, and tertiary legal materials, and analyzed using a descriptive-analytical method to identify patterns, relationships, and key issues related to the functioning of CMOs. The findings indicate that CMOs are essential in simplifying the management of economic rights and ensuring more structured and efficient royalty systems. However, their effectiveness is influenced by several factors, including low public awareness of copyright obligations, weak law enforcement, and gaps between regulatory frameworks and practical implementation. Additionally, internal challenges such as limited transparency, accountability issues, and varying levels of institutional capacity affect creators’ trust in these organizations. The study also highlights that digital technological advancements require CMOs to adapt through the adoption of data-driven systems to improve monitoring and royalty distribution. In conclusion, while CMOs hold a crucial position in strengthening legal protection for creators, their optimal performance depends on the synergy between effective governance, technological adaptation, strengthened law enforcement, and increased public awareness. Enhancing these aspects is essential to establish a fair, transparent, and sustainable copyright protection system that supports the growth of the music industry.
Copyright (c) 2026 Anita Sabara Sutphin, Dhanuswara K. Harjono, John Pieris, Hulman Panjaitan (Author) https://creativecommons.org/licenses/by-sa/4.0
Civil Legal Protection for Victims of Default in Digital Financial Services
The development of the digital economy in Indonesia has transformed the legal relationship between businesses and consumers, particularly through marketplace platforms that facilitate electronic transactions. This transformation raises legal issues related to the limits of digital platforms' civil liability for consumer losses, particularly given the unclear norms regarding intermediary liability and the basis for claims for breach of contract or unlawful acts. This study aims to analyze the normative foundations of consumer protection in digital transactions and reconstruct the concept of platform civil liability to ensure legal certainty and justice. The research method used is normative legal research with a statutory, conceptual, and analytical approach (analytical and prescriptive approach). Primary and secondary legal materials are analyzed qualitatively using systematic and teleological interpretation techniques to identify unclear norms and formulate normative prescriptions relevant to the dynamics of the digital economy. The results indicate that the Safe Harbor Policy approach is no longer adequate to protect consumers, necessitating the repositioning of platforms as active legal subjects by applying strict liability, vicarious liability, and joint liability models. Reformulating norms through revisions to digital-based consumer protection regulations, integrating personal data protection principles, and strengthening due diligence and transparency obligations in electronic contracts are strategic steps in creating legal certainty that is both adaptive and equitable.
Copyright (c) 2026 Fitri Arianti (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Convergence between Banking Law and Commodity Futures Law in the Practice of Bullion Banking
This article examines the legal convergence between banking law and commodity futures law in bullion banking. The financialization of gold has shifted its role from a purely tangible commodity to a dual-function asset that operates as both a tradable commodity and a financial instrument, thereby blurring the regulatory boundaries between prudential banking supervision and commodity futures regulation. Bullion banking includes gold accounts, gold-based financing, custody services, and gold-linked derivatives such as swaps and forwards. These activities resemble traditional banking intermediation when banks accept gold deposits or create claims over gold, while simultaneously mirroring commodity futures trading through derivative contracts. This creates regulatory tension, as banking law prioritizes systemic stability, capital adequacy, and depositor protection, whereas commodity futures law emphasizes market integrity, transparency, and investor protection. Legal convergence is most evident in three areas: unallocated gold accounts functioning like monetary deposits, over-the-counter gold derivatives resembling futures contracts, and custody and clearing mechanisms overlapping with exchange-based infrastructures. In Indonesia’s sectoral regulatory system, where banking and commodity futures oversight are institutionally separated, bullion banking may generate jurisdictional ambiguity, inconsistent risk standards, and opportunities for regulatory arbitrage. The unclear legal classification of gold as property, financial instrument, or contractual claim further complicates ownership, insolvency treatment, and priority rights, ultimately affecting legal certainty and systemic resilience.
Copyright (c) 2026 Diana R.W. Napitupulu (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Liability of Digital Platforms for Default in Electronic Agreements
The development of information technology has driven a fundamental shift in the practice of civil agreements through the use of electronic agreements mediated by digital platforms. These changes not only affect the form of the agreement, but also the structure of legal relations, the bargaining position of the parties, and the pattern of accountability for achievement violations. The phenomenon of default in electronic agreements shows a higher complexity than conventional agreements due to the involvement of technological systems and the dominance of digital platforms in controlling the transaction process. This study aims to analyze the juridical construction of electronic agreements and defaults, examine the legal position and scope of responsibility of digital platforms, and examine the implementation of these liability arrangements in positive Indonesian law. The research method used is normative juridical with a legislative, conceptual, and analytical approach, through the review of Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Government Regulation Number 80 of 2019 concerning Trade Through Electronic Systems. The results of the study show that digital platforms cannot be positioned as neutral intermediaries because they have significant control over the transaction ecosystem. Existing arrangements have not established an integrated liability regime, thus opening up space for legal uncertainty and inequality of protection for users. This research emphasizes the urgency of the normative reconstruction of the legal responsibility of digital platforms oriented towards contractual fairness and proportionate risk distribution
Copyright (c) 2026 Tommy Aditia Sinulingga, Marianne Magda (Author) https://creativecommons.org/licenses/by-sa/4.0
Civil Law and Social Inequality: A Politics of Legal Protection Perspective
Civil law is normatively constructed on the assumption of formal equality among legal subjects. In social reality, however, civil law relations frequently operate within conditions of structural inequality arising from disparities in economic power, access to information, and bargaining position. The state responds to such inequalities through regulatory interventions framed as legal protection. This article examines the role of civil law in addressing social inequality from a legal protection politics perspective. Employing normative legal research with statute, conceptual, and case approaches, this study identifies normative ambiguity in civil law concerning the criteria for identifying protected weak parties, the boundary between legal protection and restrictions on private autonomy, and inconsistencies between the Civil Code and social-economic protection legislation. The findings demonstrate that such ambiguity renders civil law protection selective and often ineffective in correcting social inequality. This article argues for a normative reconstruction that positions civil law as a constitutional instrument for correcting social inequality, treating private autonomy as a conditional principle subject to substantive and distributive justice considerations.
Copyright (c) 2025 Shohib Muslim (Author) https://creativecommons.org/licenses/by-sa/4.0
Civil Law in Market Governance: Legal Instruments, Economic Policy, and State Power
Modern market governance is no longer shaped solely by free market mechanisms but increasingly relies on state intervention through legally institutionalized economic policies. In this context, civil law—particularly through contracts, property rights, and civil liability—has become a strategic instrument for directing market behavior. This development generates normative ambiguity in positive law concerning the boundary between civil law as private law and as a tool of market governance, the legitimacy of using private law instruments to implement economic policy, and the relationship between freedom of contract and public interest–based economic regulation. Employing normative legal research with statute, conceptual, and case approaches, this article examines the role of civil law in market governance and the juridical implications of state intervention through private law instruments. The analysis demonstrates that unstructured instrumentalization of civil law undermines legal certainty and private autonomy while obscuring the limits of state power. This article argues for a normative reconstruction that positions civil law as a limited instrument of economic policy, grounded in conditional private autonomy, proportionality, and accountability, in order to balance economic efficiency, legal certainty, and social justice within market regulation.
Rethinking Civil Law Protection in Unequal Societies
Civil law is traditionally grounded in the assumption of formal equality among legal subjects, presuming that private autonomy and freedom of contract operate under conditions of equivalent bargaining power. In unequal societies, however, civil law relations are frequently shaped by structural disparities in economic resources, access to information, and social position. This article examines the normative foundations of civil law protection in the context of social inequality and questions the adequacy of formal equality as a basis for justice in private legal relations. Using normative juridical research with statute, conceptual, and case approaches, this study identifies normative ambiguity in civil law regarding the criteria for legally relevant inequality, the limits of restricting freedom of contract, and the consistency of legal protection across private relations. The analysis demonstrates that such ambiguity weakens legal certainty and renders civil law protection fragmented and ineffective. This article argues for a normative reconstruction of civil law protection grounded in substantive justice, treating private autonomy as a conditional principle and positioning civil law as a constitutional instrument for correcting structural inequality.
Copyright (c) 2025 Theresia N.A Narwadan (Author) https://creativecommons.org/licenses/by-sa/4.0
From Private Autonomy to State Regulation: Shifting Boundaries in Civil Law
Classical civil law is fundamentally grounded in the doctrine of private autonomy, which positions individual free will as the primary source of legal obligations. However, the evolution of the welfare state, the expansion of regulatory governance, and the increasing protection of public interests have significantly altered this paradigm. In Indonesia, this transformation has produced normative ambiguity regarding the boundary between freedom of contract and state regulatory authority, particularly due to inconsistencies between the Civil Code and sectoral regulatory statutes. This article employs normative legal research using statute, conceptual, and case approaches to examine the shifting relationship between private autonomy and state regulation in civil law. The analysis demonstrates that unstructured regulatory intervention risks undermining legal certainty and diluting the normative core of civil law, while absolutist private autonomy is no longer tenable in a modern regulatory state. This article argues for a reconstruction of civil law based on conditional private autonomy, supported by proportionality and accountability principles, in order to balance private interests and public objectives in a constitutionally coherent manner.
Copyright (c) 2025 Samsidar Samsidar (Author) https://creativecommons.org/licenses/by-sa/4.0
The Political Life of Civil Law: How Power Shapes Private Legal Relations
Civil law is doctrinally positioned as a neutral legal domain governing private relations among legal subjects. In practice, however, the formation and application of civil law are inseparable from political, economic, and institutional power relations. Legislative interventions, state policies, and judicial decisions demonstrate that civil law operates as an instrument of legal policy through which public interests are articulated and enforced within private legal relations. This article examines the political dimension of civil law and its juridical implications for private autonomy in the Indonesian legal system. Employing normative legal research with statute, conceptual, and case approaches, the study identifies normative ambiguity in positive law concerning the limits of state power over private relations, the legitimacy of using civil law as a policy tool, and the criteria for restricting private autonomy on public interest grounds. The analysis shows that such ambiguity undermines legal certainty, reduces autonomy of will, and creates the risk of unaccountable state intervention. This article argues for a normative reconstruction that treats private autonomy as a conditional principle subject to proportionate, transparent, and accountable state intervention, in order to balance individual protection with public objectives within civil law.
Copyright (c) 2025 Pramidazzura Alifa Rifqi (Author) https://creativecommons.org/licenses/by-sa/4.0
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.