ADVANCES PRIVATE LEGAL INSIGHTS (APRIL), is an international journal established by the Faculty of Law, Universitas Muslim Indonesia. It has 2 issues per year (October and April). APRIL is an open access, double peer-reviewed e-journal which aims to offer a Private Legal scientific platform for cross-border legal research. These may include but are not limited to various fields in Justice in the context of Business, in Southeast Asia, and the Global context. The materials published include major academic papers dealing critically with various aspects and fields of law as well as shorter papers such as recently published book reviews and notes on recent issues of law.
Faculty of Law, Universitas Muslim Indonesia
Juridical Review of the Role of the Makassar Heritage Hall in Issuing Certificates of Inheritance
This study aims to analyze the legal force of the certificate of inheritance issued by the Balai Harta Peninggalan (Inheritance Affairs Office) in Makassar City, as well as the responsibilities of the office regarding the issuance of such certificates. The research employs a normative juridical method with legislative, conceptual, and case study approaches. The data used consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The results show that the certificate of inheritance issued by the Inheritance Affairs Office holds legal validity as long as it meets the requirements stipulated in the applicable laws and regulations. However, in practice, the implementation of this authority encounters several challenges, including inconsistencies in data that may affect the legitimacy of the certificate. Furthermore, the Inheritance Affairs Office bears full responsibility for ensuring the accuracy and validity of the information used as the basis for issuing the certificate, including being held accountable in cases of disputes arising from the issued documents. The recommendation of this study is to contribute to strengthening the understanding of the role and responsibilities of the Inheritance Affairs Office within the Indonesian inheritance law system.
Andi Muhammad Fikri Ramadani Andi Nganro
Copyright (c) 2025 Andi Muhammad Fikri Ramadani Andi Nganro, La Ode Husen, Muhammad Zulkifli Muhdar https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis Of Telephone Conversation Recordings As Evidence In Civil Disputes
This study aims to determine and analyze the validity of telephone conversation recordings as evidence in civil disputes. This research was conducted using the Normative research method, also called doctrinal legal research, which is often conceptualized as what is written in laws and regulations or law is conceptualized as a rule or norm that is a benchmark for human behavior that is considered appropriate. The results of this study are that telephone conversation recordings can be strong evidence in civil disputes as long as they are obtained legally, do not violate privacy rights, and are accountable for their authenticity. The legal force of electronic evidence in civil cases basically depends on how the evidence can be verified and proven authentic in court. If the validity of electronic evidence can be proven, for example through expert witnesses or digital devices that can confirm its validity, then it can be considered with almost the same strength as written evidence in this case. However, in practice, electronic evidence often has a weaker position compared to letters in accordance with the provisions of the Civil Code, especially because electronic evidence can be more susceptible to forgery or manipulation.
Copyright (c) 2025 Yoga Pratama, Muhammad Arsy, Rizki Ramadani https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Intellectual Property Rights Protection for MSMEs in the Creative Economy Era
The aim of this research was to determine and analyze the effectiveness of legal protection of intellectual property rights of micro, small, and medium enterprises in the creative economy sector, as well as to determine the factors that influence the effectiveness of legal protection of intellectual property rights holders of micro, small, and medium enterprises in the creative economy sector. This research method uses an empirical research method. And the results of this study indicate that the level of effectiveness of the implementation of legal protection of intellectual property rights of micro, small, and medium enterprises in the creative economy sector is categorized as quite effective but not optimal due to limitations in terms of preventing plagiarism in terms of protecting copyright and trademarks. The factors that influence effectiveness include several aspects, namely access to information and technology, complex costs and procedures, legal substance, and awareness and knowledge of MSME actors. The recommendations in this study are that collaboration is needed in public education efforts to increase public awareness, improve regulations, and enforce strict laws and that public education and socialization with a wider reach are needed regarding the importance of Intellectual Property Rights as an effort to build public awareness and concern.
Copyright (c) 2025 Ade Lutfia Rahayu, Anggreany Arief, Asriati Asriati https://creativecommons.org/licenses/by-sa/4.0
The Existence Of Customary Leaders in Land Dispute Resolution
This study aims to determine and analyze the existence of the Tu'a Golo traditional figure in resolving land disputes in the indigenous people of Boleng District, Manggarai Bara Regency, East Nusa Tenggara. To determine and understand the factors that influence the resolution of land disputes in the Tu'a Golo traditional figure in the indigenous people of Boleng District. This study uses an empirical legal research type. The location of the research is in the Customary Law area of ​​Boleng District, West Manggarai Regency, East Nusa Tenggara Province. The types and sources of data are Primary and Secondary Data obtained through interview and documentation techniques, then qualitative analysis is carried out. The results of the study show that the existence of the traditional figure Tu'a Golo in the process of resolving land disputes in the traditional community of Boleng District, West Manggarai Regency, East Nusa Tenggara was resolved by Tu'a Golo as a traditional figure. The factors that influence the process of resolving land disputes in the traditional figure Tu'a Golo in the traditional community of Boleng District are internal factors from Tu'a Golo himself and external factors from the community. The recommendation of this study is that Tua Golo conduct socialization of the applicable customary law so that the community prioritizes resolving social and cultural problems through deliberation and consensus. As the customary leader or Hatoe Kampoh, Tu'a Golo always pays attention to his traditional community by being a fair mediator so that he is not influenced by any party.
Copyright (c) 2025 Ridwan Bustam, Ilham Abbas, Muhammad Zulkifli Muhdar https://creativecommons.org/licenses/by-sa/4.0
Legal Force of Information Technology-Based Money Lending Agreements
This study aims to determine the legal validity of information technology-based loan agreements. The research method used is normative legal research, which utilizes secondary data sources. These sources include the opinions of experts or specialists who study books, journals, and literature on the legal basis of contracts and laws and regulations. The research findings indicate that Information Technology-Based Lending Services (Fintech Lending) are an innovation in the financial sector that enables online lending and borrowing transactions using electronic systems. Online loan agreements are regulated by Financial Services Authority Regulation Number 10/POJK.05/2022. These agreements are legally valid and enforceable as long as they meet the legal requirements as stipulated in Article 1320 of the Civil Code, namely agreement, capacity, a specific matter, and a lawful cause. Dispute resolution in information technology-based loan agreements in the event of default can be carried out through litigation or non-litigation. Litigation is commonly referred to as the path taken in court, while non-litigation is through Alternative Dispute Resolution Institutions (LAPS), which include mediation, arbitration, and binding opinions. This research recommends educating users about the terms and conditions of agreements, focusing on legal validity and certainty, and strengthening regulations on personal data security and dispute resolution mechanisms.
Copyright (c) 2025 Dhaly Grendi Yambo, Lauddin Marsuni, Aan Aswari https://creativecommons.org/licenses/by-sa/4.0
Analysis Legal Impact of Cancellation Marriage in Religious Court
Study This aiming For knowing marital status second according to legislation in Indonesia and For know impact law cancellation marriage in religious courts . Research This use method study normative law , namely studies verdict . Research Results show that : first , according to positive law Polygamy allowed but very limited For protect rights women and children . Husband who wants polygamous must own legitimate reason , get​ permission from wife first , and submit application to religious court . Meanwhile , according to complications law Islam polygamy allowed with condition tight , especially dam matter applicable fair to wives and children . Second , the judge's considerations regarding impact law cancellation marriage in decision Number 586/ Rev.G /2022/ PA.Mks . Although marriage both of his parents canceled However decision the No applicable ebb to rights children and children still entitled get right inheritance towards his parents as well as if child born​ That women , then the father also has the right become guardian of his child's marriage .
Copyright (c) 2025 Nurwana Aris, Dachran S. Busthami, , Andi Nur Auliyah Asra
Customary Land Law in the Mamberamo Community
This study is entitled Law on Customary Land in the Mamberamo Community, Especially the Warembori Village Community in Tanah Tabi, Papua Province. The main focus of this study is to examine the agrarian conflict between the Warembori Village and Yoke Village communities in Mamberamo Hilir District, as well as to analyze the mechanism of recognition and protection of customary rights of customary law communities in the area. This study uses a qualitative descriptive method with a case study approach. Data were obtained through interviews with traditional figures, community leaders, and parties involved in land disputes. In addition, secondary data was collected from legal documents such as Law Number 5 of 1960 and Papua Provincial Regulation Number 5 of 2022 The results of the study indicate that this agrarian conflict was caused by overlapping claims to customary land. In addition, there are still obstacles in the implementation of legal protection for indigenous peoples, especially in the administrative aspect of land registration. This study provides recommendations to improve the recognition and legal protection of customary land through clearer and more inclusive regulations.
Effectiveness Implementation Electronic Land Certificates In Preventing Land Mafia Practices
This study aims to examine and explain the effectiveness of implementing electronic land certificates in preventing land mafia practices, the factors influencing it, and to investigate the application of electronic land certificates in Pinrang Regency. The research employs an empirical legal research method, with the study conducted at the ATR/BPN Office in Pinrang Regency. Data were collected through interviews and literature studies, which were analyzed then qualitatively and descriptively. The findings indicate that the introduction of electronic land certificates significantly enhances transparency in land ownership, allowing the public easier access to information and thereby reducing the likelihood of fraud. Additionally, the study finds that a digitized and integrated land registration system can lead to a significant reduction in land disputes, particularly those triggered by land mafia activities. However, the research also highlights potential technical challenges and cybersecurity threats that could compromise the integrity of electronic certificates, emphasizing the need for robust security measures to protect against data breaches and fraud. Based on these findings, the study recommends the establishment of comprehensive cybersecurity protocols and public education initiatives to ensure that landowners and potential buyers can effectively verify the authenticity of electronic land certificates. Furthermore, it suggests that policymakers are prioritizing the digital transformation of land management systems to enhance efficiency and public participation in governance.
Copyright (c) 2025 Mutmainna Samad, Fahri Bachmid, Dwi Handayani
Analysis Unhealthy Business Competition in the Business Era Digital Based
The purpose of this research is to understand and analyze the regulation of unfair business practices in the digital business era in Indonesia, as well as the impact of unfair competition on innovation and business sustainability in the future. This research employs a normative research method, using primary and secondary legal materials obtained through literature and the analysis of books, journals, and cases, particularly those available on the internet, literature books, and laws. The research results indicate that unfair competition in Indonesia is regulated by the ITE Law No. 11 of 2008 and Law no. 5 of 1999, but there are still gaps in oversight, especially in the digital sector. The ITE Law focuses more on electronic transactions and personal data protection, while the Anti-Monopoly Law has not fully accommodated new challenges such as predatory pricing and market dominance by large platforms. As a result, unfair competition can lead to market monopolies, a decrease in MSME turnover, and future losses for consumers. The research recommendation is that the anti-monopoly law has been effective in reducing unfair competition in the digital sector, but the government needs to provide further support, especially regarding the limitations of the KPPU under the existing regulations, without disrupting existing industries. Also, to prevent the negative impacts of unfair competition, tighter oversight is necessary, especially in competition within the digital sector, such as e-commerce.
Copyright (c) 2025 Aliah Latifah, La Ode Husen, Jasmaniar Jasmaniar https://creativecommons.org/licenses/by-sa/4.0
Food and Drug Monitoring Agency (BPOM) in Protection Consumer To Product Maintenance Skin
This study aims to determine and analyze the role of the BPOM (Indonesian National Agency of Drug and Food Control) in protecting consumers from skincare products containing mercury. It also aims to identify and analyze the legal actions taken by BPOM Makassar City against skincare products that do not meet quality standards. This research uses an empirical legal research method, which involves field data as the primary source, such as interviews and observations. The results of the study indicate: (1) The role of BPOM in providing consumer protection against the circulation of skincare products containing mercury by monitoring and supervising the circulation of skincare products in the market to ensure they do not contain harmful substances, implementing pre-market surveillance, conducting post-market surveillance, and inspecting skincare products circulating in the market. (2) The legal actions taken by BPOM against skincare products that do not meet quality standards include administrative sanctions and criminal sanctions. As recommendations: (1) The government needs to implement stricter supervision to better protect consumers from the use of cosmetics that do not have BPOM circulation permits. (2) There must be good cooperation between the government, BPOM, and law enforcement authorities in efforts to protect consumers from the circulation of cosmetics that do not meet the standards, through regular supervision of producers and business actors, as well as providing outreach to the public to raise awareness.
Copyright (c) 2025 Tritami Meldasari, Hasbuddin Khalid, Arfah Tjolleng
Position Permission Divorce for Civil Servants at the Class 1A Religious Court Office in Makassar
Study This aiming For know and understand mechanism submission permission for Civil servants who carry out divorce at the Class 1A Religious Court Office in Makassar. And for know and understand factor affecting​ submission permission for Civil servants who carry out divorce at the Class 1A Religious Court Office in Makassar. Research This use method study empirical that is a approach or method knowledge based​ observation direct , observation , and observation . Research results This show Civil servants who want to submit application permission divorce must with legitimate reasons​ to official authorized Then official authorized to form team advisory after That call second split party husband wife simultaneously or individually . Officials give advice to be able to harmony Back but if second split party or one of them party want to divorce so both of them must make statement want to divorce . The factors that influence submission permission divorce that is factor internal and external factors external . Recommendations given​ writer that is Firstly, civil servants at the Class 1A Religious Court in Makassar must own permission If want to carry out divorce . The second one give certainty law and sense of justice in take or emit permit decision letter divorce for civil servants.
Copyright (c) 2025 Muhammad Fadil Baharuddin, Syahruddin Nawi, Dian Eka Pusvita Aziza
Land Agency in Realizing a Systematic Land Registration Program Complete
Study This aiming For know the role of the National Land Agency in realize Systematic Land Registration Complete (PTSL) in Makassar City and find out obstacles faced by the National Land Agency in implementation Systematic Land Registration Complete (PTSL) in Makassar City. The research method used is method study empirical . The results of study This that is , to show role of the Land Agency in realizing the Systematic Land Registration program Complete in Makassar City , namely stage planning , determination location , preparation , formation and establishment committee adjudication Systematic Land Registration Complete (PTSL) and units assignments , counseling , collection of physical data and legal data , legal data research and proof rights , announcement of physical data and legal data as well as its ratification , confirmation conversion , recognition rights and grants rights , bookkeeping rights , publishing certificate right on land , documentation and handover results activity as well as reporting . Then , the obstacles faced by the Makassar City National Land Agency in realize Systematic Land Registration Complete that is moving domicile expert inheritance , letter information expert the heirs who have move domicile and sufficient registration process complex . Recommendations study This It is expected that the Makassar City Land Office will running a Systematic Land Registration program Complete (PTSL) in collaboration with public Give socialization so that speed up this program walk and give certainty law and protection law right on land public based on principle simple , cheap , fast , smooth , safe , fair , equitable and open as well as accountable , so that can increase welfare and prosperity society and the country's economy , as well as reduce and prevent disputes and conflicts land .
Copyright (c) 2025 Alfiya Kautsar fauzi muhammad, Anzar Anzar , Nasrullah Arsyad
Protection of Personal Data of Consumers Using Financial Technology Services
This research aims to examine and analyze legal provisions related to the protection of personal data of customers using financial technology services in Indonesian laws and regulations. Apart from that, this research also aims to compare the legal protection of consumer personal data in the regulations in force in Indonesia with the regulations in force in the United States. This research applies normative legal research methods. The data used comes from literature studies, including primary legal materials such as laws, Financial Services Authority Regulations (POJK), and Bank Indonesia Regulations (PBI), as well as secondary legal materials such as laws books and legal journals. The research results show that legal protection for the personal data of consumers using financial technology services in Indonesia has been regulated in Law Number 27 of 2022 concerning Personal Data Protection. This regulation reflects a progressive approach to law, which not only supports the use of technology but also provides protection for users to achieve legal certainty. Meanwhile, a comparison with regulations in the United States shows that personal data protection in the financial technology sector is based on the principle of “right to be alone” which is the main pillar of individual privacy. This principle emphasizes that privacy is a constitutional right of every citizen, as a form of respect and protection for this right.
Copyright (c) 2025 Nurul Jaya Nugraha, Andry Wikra Wardana Mamonto, Muhammad Azham Ilham
Legal Protection Against Buyer Good Faith in Implementation Execution of Mortgage Rights
This journal aims to analyze the implementation of execution seizure of mortgage rights related to good faith buyers, as well as the legal protection available to them. Using normative legal research methods, the data collected includes primary, secondary, and tertiary data, with a case study on. The results of the study indicate that execution seizure by the court does not harm legitimate buyers, who still have the right to ownership even though they transact with sellers who are not entitled. The decision emphasizes the importance of legal protection for good faith buyers in accordance with the provisions of the Civil Code and the circular of the Supreme Court. It is recommended that the sale and purchase of land rights be carried out before a PPAT and that banks be more careful in providing credit to reduce future risks, and agreements between the parties must be clearly drafted to ensure legal validity.
Copyright (c) 2025 Dhiya Salsabila Jamaluddin Sasa, Zainuddin Zainuddin, Mohammad Arif
Agreement on Providing Working Capital Credit
This study uses empirical legal research methods, empirical legal research is basically a combination of normative legal approaches with the addition of various empirical elements. In this empirical research method, it is also about the implementation of the legal provisions of the law in action in every particular legal research that occurs in society. The results of this study indicate that the procedure for granting Working Capital Credit (KMK) at PT. Bank Sulselbar Mamuju Branch is guided by the procedures and principles of providing sound credit and in accordance with applicable regulations. And the efforts made by Bank Sulselbar Mamuju in terms of overcoming debtors who default are by making efforts to save credit, this is considered very important for banks to avoid the occurrence of bad loans that can affect the soundness of the bank . The recommendation of this research is for creditors and debtors to further enhance their cooperation and compromise with each other so as to establish a more sustainable and effective agreement. In order for the implementation of working capital under the auspices of Bank Sulselbar Mamuju to run smoothly and each party does not suffer losses, the parties fulfill their respective rights and obligations where the debtor must be aware of his obligations.
Copyright (c) 2025 Faradhilla Ayun Maesaroh Haris, Ilham Abbas, Asriati Asriati
Implementation of Mudharabah Contract on Foreign Currency Deposit Investment in Indonesian Islamic Banking
This study aims to determine and analyze the Implementation of Mudharabah Contract on Foreign Currency Deposits in Indonesian Islamic Banking Study at Bank Syariah Indonesia Makassar branch. This study was conducted with an empirical type that uses primary legal materials or is a study by going directly to the location. The results of this study indicate that Bank Syariah Indonesia Makassar branch has complied based on the Fatwa of the National Sharia Council No. 03 / DSN-MUI / IV / 2000 concerning deposits in Law No. 21 of 2008 concerning Indonesian Islamic Banking, namely collecting funds in the form of Investments in the form of Deposits, Savings, or other forms that are equated with it based on the Mudharabah Contract or other Contracts that do not conflict with Sharia Principles. Bank Syariah Indonesia Makassar branch has complied with existing laws, namely Sharia Banking Law No. 21 of 2008, and the National Sharia Council Fatwa No: 03/DSN-MUI/IV/2000 has complied with existing Sharia principles.
Copyright (c) 2025 Muhammad Farhan, Syaruddin Nawi, Anggreany Arief
Regulation of Covernotes by Notaries, Land Deed Making Officials (PPAT) Against Parties in Bank Credit Agreements
This study aims to analyze the legal consequences of the issuance of Covernote by Notary / PPAT on the parties to a banking credit agreement, identify potential legal problems due to delays or discrepancies in the documents promised in Covernote, and provide an understanding of the role and limitations of Covernote in banking practice as a supporting document for credit guarantees. The method used in this research is empirical juridical with a qualitative descriptive approach, where data is obtained through interviews with Notary / PPAT, banks, and debtors related to the issuance of Covernote, as well as through document studies and relevant laws and regulations. The results show that Covernote does not have binding legal force as a credit guarantee, but is often a reference in the process of disbursing funds by banks. The legal consequences can be in the form of default risk for the debtor if the documents promised in the Covernote cannot be fulfilled, as well as the potential legal responsibility for Notary / PPAT if there is negligence in its issuance. The implications of this research emphasize the need for caution in the issuance of Covernote so as not to cause legal problems for the parties. In addition, banks as creditors need to understand the limitations of Covernote in guaranteeing legal certainty over mortgage rights. The recommendations of this research emphasize the need for clearer regulations related to the issuance of Covernote by Notary/PPAT in order to provide legal protection for all parties involved in banking credit agreements.
Copyright (c) 2025 Ananda Magvirah Sofyan, Muhammad Rinaldy Bima, Sri Lestari
Legal Analysis of the Implementation of Employment Agreements for Laborers or Workers in the Industrial Sector
This study aims to analyze legal reform efforts in Indonesia to protect consumers in the digital era and to prepare consumers to face the era of rapid technological developments in digitalization. The method applied in this study is a normative method with a descriptive approach to identify regulatory gaps and challenges in their implementation. The results of the study show that although Indonesia has several regulations related to consumer protection in the digital world, regulatory reform is still very much needed, especially regarding personal data protection and more effective dispute resolution. In addition, consumer readiness in facing the digital era is also influenced by low digital literacy, which is an obstacle to increasing awareness of consumer rights. The government, digital platforms, and consumer protection institutions need to work together to improve public understanding of their rights and obligations as consumers in the digital era.
Copyright (c) 2025 Rahmawati Nur, Muhammad Kamal Hijadz, Salle Salle
Peace Behind Disputes: A Study of Inheritance Settlement through Mediation
This research aims to determine and analyze the resolution of inheritance disputes through mediation based on legal provisions. The study reveals inconsistencies in the Supreme Court Regulation Number 1 of 2016 with the Civil Procedure Law in Indonesia, particularly regarding mediation costs and the role of the mediator judge. The mediation process in the Class I A Religious Courts consists of three stages: pre-mediation, mediation, and final implementation. However, the low success rate of mediation is attributed to inhibiting factors, including parties' reluctance to mediate and obstructing the process. This research recommends socialization of the benefits of resolving civil cases through mediation and the Supreme Court's regulation regarding sanctions for parties obstructing the mediation process. Furthermore, parties involved in disputes should prioritize good faith during the mediation process to optimize its success.
Copyright (c) 2025 Warisnu Anugerahi Ralina, Mursyid Mursyid, Salmawati Salmawati
Consumer Protection Regarding the Failure to List Sugar, Salt and Fat Content in Ready-to-Drink Beverages
This paper discusses the analysis of forms of consumer protection in terms of not listing the sugar, salt, and fat content in ready-to-drink drinks, and the duties of the health service in supervising business actors who do not list the sugar, salt and fat content in ready-to-drink drink business actors. Using qualitative methods with data from interviews, data processing techniques are carried out using descriptive analysis. The results of the study are forms of consumer protection in terms of not listing the sugar, salt, and fat content in ready-to-drink drinks by accommodating suggestions and input from consumers which will later be conveyed directly to business owners so that these suggestions and input can be considered for consumer health. It is hoped that the task of the government or related agencies to record ready-to-drink drinks that do not comply with PMK.NO. 63 of 2015 to include information on sugar, salt and fat content.
Copyright (c) 2025 Yunita Anggraini Nur, Sufirman Rahman, Asriati Asriati
This study aims to determine the implementation of work agreements and the factors that influence the implementation of agreements for laborers or industrial workers in Soppeng Regency. This research uses empirical juridical legal research methods, focusing on qualitative analysis of primary data obtained from interviews, questionnaires and secondary data obtained from literature studies written in a descriptive report. The results of the research, the implementation of the work agreement is not well implemented because there are findings that are contrary to the applicable regulations and work agreements. The legal protection of industrial sector workers is less well protected due to violations of the work agreement that are less protected. There is a need for more intensive training and education programs to improve workers' understanding of their normative rights as stipulated in the labor law, as well as the contents of the work agreements they enter into. Also the establishment of a supervisory body from each industry to oversee the protection of labor agreements that can also increase worker productivity.
Copyright (c) 2025 Muhammad Ihsan Ramadhan, Hasnan Hasbi, Dwi Handayani
Legal Analysis of the Position and Impact of Misuse of E-Stamps in Electronic Documents: A Civil Law Perspective
This study aims to analyze the legal position of e-stamp duty in electronic documents based on Indonesian laws and regulations, especially Law No. 10 of 2020 on Stamp Duty. Furthermore, it seeks to examine the legal impact of e-stamp duty misuse from a civil law perspective. This study employs a normative juridical research method, which involves examining legal theories, comparative laws, structure, and general explanations. The findings indicate that e-stamp duty holds a strong legal position as a validation tool for electronic documents under Law No. 10 of 2020 and Article 5 of the ITE Law. However, misuse of e-stamp duty, such as forgery or unauthorized use, can weaken document validity, making them inadmissible as evidence under Article 1869 of the Civil Code. Additionally, misuse undermines public trust in digital administration systems. This study recommends strengthening regulations related to e-stamp duty, including better legal protection for electronic documents, enhanced security systems to detect fraud, and increased public awareness regarding the importance of document validation using e-stamp duty. Law enforcement authorities are encouraged to take firmer action against misuse cases to deter fraud and enhance public confidence in Indonesia's digital administration system.
Copyright (c) 2025 Andi Muhammad Wildan Asyraf, Muhammad Arsy, Yuli Adha Hamza
Agreements Contracts in Indonesia : Application of the Consensualism
This study aims to determine and analyze the form of application of the principle of consensualism in contract agreements made by the parties and to determine what are the impacts of the application of the principle of consensualism on the protection of the rights of the parties in the agreement. This study uses a normative research method. This study uses a normative legal method that focuses on the analysis of legal norms in laws and regulations, doctrines, and court decisions. The results of this study indicate that the application of the principle of consensualism is a fundamental principle in contract law which emphasizes that an agreement is considered valid and binding on the parties since the agreement is reached. The application of the principle of consensualism also has an impact on providing space for the parties to draft agreements according to their needs, but it can also pose a risk of injustice, especially for parties who have a weak bargaining position. Therefore, effective legal protection, contract supervision, and legal education for the community are important to overcome the negative impacts of the application of the principle of consensualism. The recommendation of this study is To protect the rights of the parties in the agreement, stricter supervision of contract practices is needed, especially in situations where one party has a weaker bargaining position. The government and related institutions are advised to strengthen regulations governing minimum standards for certain agreements.
Copyright (c) 2025 Zhanya Zalshabila, Syamsul Alam, Muhammad Ya’rif Arifin
When Games Turn Into Debt: Legal Analysis of Online Game Transactions
This research aims to determine and analyze the fulfillment of the application of proficiency requirements by payment service providers when purchasing online game items. To find out and analyze the efforts that online game service users can take to deal with the losses they experience. The research method used is the Normative research method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents that contain concepts and information such as dictionaries. The results of this research show that the sale and purchase agreement for payment services for buyers of online game items does not fulfill the subjective and objective requirements which are the legal requirements for an agreement. The condition that is not fulfilled is that those who bind themselves agree to a certain thing and a lawful cause. for consumers for losses received due to irresponsibility of business actors in paying off transactions is clearly regulated in article 19 UUPK. However, if the business actor's number can be contacted, the perpetrator can be held responsible for compensation. Recommendations for this research: The government should also have more awareness and supervision of legal issues that arise in society, so that it can quickly act against negative elements that endanger society.
Copyright (c) 2025 Selvia Palu, Anggreany Arief, Aan Aswari https://creativecommons.org/licenses/by-sa/4.0
Parents' Responsibilities towards Children After Divorce
The fact of people's responsibility towards children after divorce in Jayapura City, fathers often ignore the obligation to provide for children, so that mothers as the holder of custody bear all the needs of the child. The father's reasons include economic problems, new marriage, psychological, and the assumption that the mother is capable. And legal analysis shows that the rights of children after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, which requires parents, especially fathers, to bear the costs of children until adulthood. However, many divorced parents do not fulfill these responsibilities, violating Article 14 of the Child Protection Law which regulates children's rights and parental responsibilities after divorce. Children's rights after divorce are regulated by law, but many divorced parents do not fulfill their responsibilities, violating child protection provisions.