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Rifki Rifki

Jurnal Ilmu Kesehatan 2026 Lembaga Pengembangan Kinerja Dosen

Adolescents face significant barriers in accessing reproductive health services due to fears of privacy breaches and social stigma. In primary healthcare facilities, healthcare professionals are often trapped in a dilemma between the obligation to maintain medical confidentiality based on professional ethics and national regulatory demands requiring parental involvement for underage patients. This study aims to analyze the practice of protecting adolescent patient data privacy at Mardi Saras Primary Clinic and identify the gap between practical implementation and the norms of medical ethics and applicable legal regulations. This study employs a socio-legal research method with a qualitative approach. Data were collected through in-depth interviews with doctors and nurses, observation of service procedures, and study of the clinic's Standard Operating Procedures. The results indicate that although Mardi Saras Primary Clinic has implemented basic confidentiality protocols such as closed consultation rooms, there are substantial weaknesses in informed consent management, which still heavily relies on parental presence for all adolescent cases. This practice is driven by healthcare professionals' fear of legal risks, thereby ignoring the principle of developing autonomy in adolescents. These findings indicate a disparity between rigid administrative compliance and the spirit of protecting adolescent health rights within national regulations. The implication of this study underscores the urgency of developing specific SOPs that are sensitive to adolescent rights, as well as the need for continuous training for healthcare professionals regarding the legal and ethical boundaries of maintaining confidentiality for underage patients without compromising legal safety aspects.

Karenina Fernandya

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Marriage is one of the fundamental institutions in Indonesian law, regulated through Law Number 1 of 1974 concerning Marriage as subsequently amended by Law Number 16 of 2019. The practice of polygamy in Indonesia is not absolutely prohibited, yet it is subject to strict requirements, including obtaining prior permission from the Religious Court and consent from the existing wife or wives. The absence of such permission constitutes a serious violation of marital law. This study examines the juridical review of polygamy without permission under Indonesian marriage law, focusing on the high-profile case of Ahmad Dhani and Maia Estianty. Using a normative legal research method with a statutory and case study approach, this paper analyzes the legal basis of polygamy regulation, the legal consequences of unauthorized polygamy, and the legal remedies available to aggrieved parties. The findings indicate that Ahmad Dhani's marriage to Mulan Jameela without obtaining permission from the Religious Court and without the consent of his first wife, Maia Estianty, constituted an unlawful act under Indonesian marriage law. Such unauthorized polygamy renders the second marriage legally defective and potentially voidable. Furthermore, the aggrieved wife has the legal right to file for divorce and claim compensation under applicable civil law provisions. This study also reveals systemic weaknesses in the enforcement of polygamy regulations in Indonesia, particularly the lack of effective sanctions against violators. Recommendations are directed at legislative reform to strengthen existing provisions and enhance judicial oversight of polygamous marriages in Indonesia.

Gina Sonia Kafiar; Ni Komang Irma Adi Sukmaningsih

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2026 Pusat Riset dan Inovasi Nasional

Copyright is a key pillar of the Intellectual Property Rights system, providing legal protection for creative works in the arts sector, particularly musical works. Within the copyright framework, the most crucial aspect is economic rights, namely the exclusive right of creators to derive financial benefit from any use of their works. However, the reality on the ground demonstrates the rampant use of songs for commercial purposes without proper authorization, which directly harms creators. This article analyzes economic rights violations in the context of commercial use, using the case study of the song "Akad" by Payung Teduh as a case study. This research uses normative legal methods through a statutory and legal conceptual approach. The research findings indicate that the exploitation of songs for material gain without the explicit consent of the rights holder constitutes a clear violation of Law Number 28 of 2014 concerning Copyright. Such violations carry serious legal consequences, including civil liability in the form of compensation payments and criminal sanctions. Therefore, synergy between firm law enforcement and increased collective public awareness is necessary. These efforts are vital to guaranteeing the protection of creators' economic rights while creating a healthy, fair, and sustainable creative industry ecosystem in Indonesia for all arts stakeholders.

Anju Amelia; Nofiardi; Selvi; Nandita

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2026 CV. ALIM'SPUBLISHING

The tradition of marriage gift money (uang hantaran) in the Malay community of Melibur Village, Talang Muandau District, Bengkalis Regency, Riau Province, remains a customary practice preserved as a symbol of respect for the bride’s family and a sign of the groom’s seriousness. However, over time, its meaning has shifted toward materialism, as the amount is often determined by social status, educational background, and family prestige, potentially causing economic burdens, psychological pressure, delays, and even the cancellation of marriages. This study aims to describe the practice of uang hantaran and formulate an Islamic legal reconstruction of the tradition in accordance with the principle of simplicity. This research is a field research employing a qualitative approach. Data were collected through interviews, observations, and documentation, and were analyzed descriptively and analytically using the maslahahmursalah approach in Islamic law. The findings indicate that the practice of uang hantaran in Melibur Village is still maintained as part of local custom; however, its implementation has shifted from a symbolic function to a materialistic one, resulting in economic pressure on the groom’s family, psychological burdens on prospective spouses, and delays in marriage. From the perspective of maslahahmursalah, uang hantaran may be categorized as maslahahhajiyyah when determined flexibly and without imposing hardship, but it becomes mafsadah when the amount is excessive and causes harm. Therefore, the reconstruction of Islamic law regarding this tradition emphasizes that uang hantaran is not a legal requirement for marriage but rather a complementary customary practice whose determination should be based on deliberation, mutual consent, economic capability, and the principle of simplicity (taysir), so that it does not hinder the objectives of marriage in Islam.

Muhammad Furqon Thoyzar. RH

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal accountability of the Board of Directors of PT. Humpuss Intermoda Transportasi in relation to ultra vires conduct, with particular reference to Court Ruling No. 439/Pdt.G/2011/PN.JKT.SEL. Employing a normative-doctrinal legal methodology supported by statutory and comparative analyses, this research investigates the standard of director liability within Indonesian company law and contrasts it with the English ultra vires framework. Indonesia's Limited Liability Company Act (Law No. 40 of 2007) establishes that directors bear full accountability for corporate actions performed within the boundaries set by the Articles of Association and prevailing regulations; any action exceeding such boundaries constitutes an ultra vires act that is void ab initio and non-binding upon the company. Research findings reveal that the directors of PT. Humpuss Intermoda Transportasi overstepped their authority when they issued the Linsen Corporate Guarantee and the Nelson Corporate Guarantee without the mandatory written consent of the Board of Commissioners, thereby contravening Article 13(1) of the Company's Articles of Association and Articles 92(1) and 97(2) of Law No. 40 of 2007. The South Jakarta District Court consequently imposed joint and several personal liability on the said directors. A comparative review discloses that Indonesia maintains a more rigid application of the ultra vires doctrine relative to England, whose Companies Act 2006 introduced a good-faith-based flexibility that effectively confines ultra vires liability to situations where directors act dishonestly and cause demonstrable corporate harm. Notwithstanding this divergence, the directors' actions in the present case would equally qualify as ultra vires under English law given the verified prejudice inflicted on the company.

Rara Dian Setiani; Novi Mubyarto; Ferri Saputra Tanjung; Hansen Rusliani

Jurnal Kajian dan Penalaran Ilmu Manajemen 2026 CV. Aksara Global Akademia

This study aims to analyze the impact of middlemen on the price of Fresh Fruit Bunches (FFB) of oil palm received by farmers in Lambur I Village, Tanjung Jabung Timur Regency, from a sharia economic perspective. This study also examines the FFB marketing patterns carried out by farmers and the factors that influence farmers in choosing where to sell their harvest. The method used is a qualitative approach with a case study research type. Data were obtained through in-depth interviews, field observations, and documentation to understand FFB marketing practices and the socio-economic relationships between farmers and middlemen. The results show that FFB marketing in Lambur I Village is carried out through three main channels: middlemen, the Marketing Chain of Trust (RAM), and palm oil processing factories. Most farmers choose to sell FFB to middlemen because the transaction process is easier, payments are fast, and transportation costs are not required. In addition, urgent financial needs, limited transportation facilities, and long-standing socio-economic relationships also influence farmers' dependence on middlemen. In practice, middlemen play a dominant role in determining prices, deducting approximately Rp 250–Rp 300 per kilogram from the factory price. From a sharia economic perspective, marketing practices through middlemen are essentially permissible as long as they are carried out with mutual consent and do not contain elements of usury, gharar, or injustice. However, the dominance of middlemen in determining prices indicates a bargaining imbalance that could potentially harm farmers, thus not fully reflecting the principle of justice in sharia economics

Rayyan Fakhri; Ilyas Ismail; Zainal Abidin

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

Lalu Mahmud Yasin; Aris Prio Agus Santoso; Peter Guntara

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the importance of legal protection for healthcare workers in medical services, particularly in the Central Surgical Installation of the Regional General Hospital of Mataram City, which involves high medical risks. The background of this research is based on the increasing potential for medical disputes and the vulnerability of healthcare workers to legal claims due to discrepancies between medical outcomes and patient expectations. The objective of this study is to analyze the implementation of legal protection and identify the challenges faced in practice. The research employs a descriptive method with a qualitative approach, utilizing interviews, observations, and documentation studies. The findings indicate that legal protection has been implemented through standard operating procedures, informed consent, and internal hospital policies in accordance with applicable laws and regulations. However, its implementation remains suboptimal due to several constraints, including limited legal awareness among healthcare workers, inadequate legal assistance systems, and increasing public demands. The study implies the need to enhance legal education for healthcare workers and strengthen the role of hospitals in providing effective legal protection to support professional and safe healthcare services.

Angela Davina Ryan Vie; Hauna Tsabitul Azmi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The governance of natural resources (NR) in Indonesia remains marked by structural inequalities that favor large corporations, while indigenous and local communities are marginalized from access, management rights, and equitable benefit-sharing. Although the Constitution and several laws mandate social justice and ecological sustainability, NR governance practices tend to focus on exploitation and investment acceleration, sacrificing environmental protection and meaningful public participation. This study employs a normative juridical approach to analyze weaknesses in sectoral regulations, overlapping authorities, and their implications for the rights of local communities. Drawing on Satjipto Rahardjo’s progressive justice theory, it offers a reformulation of the concept of “controlled by the state” in Article 33 of the 1945 Constitution as a trustee mandate, rather than a monopoly, placing humans, the environment, and justice as the primary orientation. The proposed legal transformation strategies include revising NR regulations, implementing the Free, Prior, and Informed Consent (FPIC) principle, strengthening community-based management models, recognizing the rights of nature, and establishing participatory oversight mechanisms. This approach is expected to dismantle unequal power relations and direct NR governance toward ecological sustainability, community empowerment, and intergenerational benefit equity.

Josua Abimayu; Kamal Hasuna

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy plan to integrate parking fees into the Vehicle Registration Certificate (STNK), scheduled for nationwide implementation in 2027, has generated debate regarding contractual validity and fiscal justice. From the perspective of Islamic Economic Law, the transformation from a conventional pay-per-use retribution system to an annual prepaid system raises issues related to mutual consent (an-taradin) and the certainty of service benefits. This study aims to analyze the 2027 subscription parking policy using the framework of Maslahah Mursalah and the principle of distributive economic justice to assess its legitimacy as an instrument of public welfare. This research uses a normative legal method with conceptual and statutory approaches. Literature data are analyzed qualitatively through deductive reasoning to derive legal conclusions from general principles of Islamic economics in relation to contemporary fiscal policy. The findings indicate that the policy contains elements of Maslahah Mursalah, particularly in improving bureaucratic efficiency and preventing state revenue leakage (sadd adz-dzari'ah). However, from the perspective of distributive justice, the policy may contain elements of dzulm (injustice) if it is not supported by fair tariff segmentation. Without guaranteed service availability for all payers, mandatory annual parking fees risk being categorized as akl al-amwal bi al-bathil (unlawful appropriation of wealth). Therefore, a zoning-based tariff system is recommended to ensure fairness between obligations and benefits.

Raysah Afdila Fachriah; Nuzul Rahmayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

An agreement is a fundamental basis in civil law relations because it gives rise to rights and obligations for the parties who bind themselves. For an agreement to be valid, consent must arise from the free will of the parties without any defect of will as regulated in Articles 1320 and 1321 of the Indonesian Civil Code (KUHPerdata). In Indonesian legal practice, apart from classic defects of will such as coercion (dwang), mistake (dwaling), and fraud (bedrog), a modern form of defect of will has also developed, namely abuse of circumstances (misbruik van omstandigheden). Abuse of circumstances occurs when one party exploits the weak condition, dependency, or ignorance of the other party to obtain unfair advantage in an agreement. This research formulates the problems of how the concept of defect of will in abuse of circumstances is applied in the jurisprudence of Indonesian contract law and what are the legal consequences of abuse of circumstances in an agreement. The method used is normative legal research with a statutory approach and conceptual approach, as well as related legal literature. The conclusion of this research shows that abuse of circumstances is a modern form of defect of will recognized through doctrine and jurisprudence. The legal consequence is that the agreement can be annulled because the element of free consent is not fulfilled. This legal consequence provides protection for the aggrieved party and confirms that the principle of freedom of contract is not absolute, but is limited by good faith, propriety, and balance.

Irma Herliana; Revalina Indriyani; Devia Rahma Azalia; Adellia Dwi Cahya Ningsih

Bumi: Jurnal Hasil Kegiatan Sosialisasi Pengabdian kepada Masyarakat 2026 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

Hypertension is a public health problem that requires educational approaches and nonpharmacological interventions. This community service activity aimed to improve knowledge and support community-based hypertension management through health education, hypertension exercise, and cucumber juice therapy in RT 03 RW 08 Lenteng Agung, South Jakarta. The activity was conducted in three stages. The preparation stage included site selection, door-to-door screening of individuals with hypertension, which identified 32 hypertensive residents, obtaining informed consent, and preparing the instruments. The implementation stage consisted of hypertension education with pre-test and post-test knowledge assessments, as well as demonstrations of hypertension exercise and cucumber juice preparation involving 29 participants. Participants were encouraged to perform the exercise and consume cucumber juice regularly for seven days at home. The evaluation stage assessed changes in blood pressure after the intervention. The results showed improved knowledge and reduced blood pressure in most participants. This activity was effective in supporting hypertension management in the community.

Irmade, Oka; Yetty Isna Wahyuniseptiana; Singgih Subiyantoro

Jurnal Komunikasi Pendidikan 2026 Universitas Veteran Bangun Nusantara

Instilling local wisdom values in early childhood is crucial for strengthening cultural identity and contextual learning. Learning media based on local wisdom needs to be developed and its effectiveness evaluated in early childhood education. This study aims to evaluate the quality of local wisdom-based instructional media for early childhood education across five aspects: systematics, language, substance, graphics, and usefulness. A descriptive quantitative survey was conducted with 100 early childhood teachers in Surakarta. The instrument was a validated questionnaire using a four-point rating scale. Reliability testing confirmed internal consistency, and ethical protocols (informed consent, anonymity) were observed. The research results show that, Findings reveal that systematics and usefulness scored highest, showing that the media is well-structured and supportive for teaching practice. In contrast, the substance and graphic aspects scored lower, indicating limited content depth and visual quality. Divergent views were noted on the use of foreign terms. Local wisdom-based instructional media is highly relevant and useful, but improvements are required in substance integration and visual design. This study contributes novelty by providing a comprehensive evaluation framework for media grounded in local culture. Practical implications highlight the importance of contextualizing media development for teachers, while future research should examine direct impacts on children’s learning outcomes.

Erni Susanty Tahir; Aris Prio Agus Santoso; Aryono Aryono; Anindya Rizqita Salsabila

Jurnal Ilmu Kesehatan dan Gizi 2026 Pusat Riset dan Inovasi Nasional

Malpractice in dental health services has become a complex legal issue as public awareness of service quality and patient rights continues to increase. The enactment of Law Number 17 of 2023 on Health introduces important changes in regulating the legal accountability of medical personnel, including dentists, particularly in relation to criminal liability for malpractice. This study analyzes the forms of dental malpractice and the criminal responsibility of dentists under the new Health Law. The research uses an empirical legal method with sociological and statutory approaches. Data were obtained through interviews and a review of relevant legislation, legal doctrines, and court decisions. The results show that dental malpractice can arise from negligence, failure to comply with professional standards, violations of standard operating procedures, and the absence or disregard of informed consent. Law Number 17 of 2023 stipulates that criminal liability for dentists can only be applied after a recommendation from the Professional Discipline Board, ensuring a clear distinction between inherent medical risks and professional misconduct. This framework is designed to provide balanced legal protection for both patients and dentists while strengthening legal certainty in malpractice case resolution. Consequently, dentists must understand professional standards and criminal liability mechanisms to practice responsibly and professionally.

Muhammad Rizky; Rini Apriyani; Nur Aripkah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 20 of the Personal Data Protection Law (UU PDP) normatively regulates the protection of data subjects and constitutes a key provision emphasizing the principle of consent as the legal basis for the processing of personal data for commercial purposes. This norm safeguards individual privacy rights, including the validity of explicit consent, the right to withdraw consent, and the responsibility of data controllers. Furthermore, Articles 65–70 of the UU PDP substantively regulate various forms of criminal violations in the context of personal data protection, including the acquisition, disclosure, processing, falsification, and illegal use of personal data, demonstrating the state’s commitment to providing criminal law protection against personal data breaches. This study employs doctrinal legal research with a descriptive-normative approach to address two main issues. First, it aims to examine and identify the legal protection of personal data trading under the UU PDP. Second, it seeks to analyze and identify the legal certainty of personal data trading as regulated by the UU PDP. Although Article 20 of the UU PDP is intended to provide strong protection against the commercial use of personal data, the provision still gives rise to legal uncertainty due to the lack of clear regulation of several crucial aspects. Similarly, Articles 65–70 contain significant legal uncertainties, particularly with regard to the elements of criminal offenses, forms of harm, corporate criminal liability, overlap with other regulations, and the absence of clear enforcement mechanisms and implementing institutions.  

Muhammad Rizky; Rini Apriyani; Nur Aripkah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 20 of the Personal Data Protection Law (PDP Law) normatively regulates the protection of data subjects and constitutes a pivotal provision that underscores the principle of consent as the legal basis for the processing of personal data for commercial purposes. This normative framework safeguards individuals’ right to privacy, encompassing the validity of explicit consent, the right to withdraw such consent, and the accountability of data controllers. In parallel, Articles 65 to 70 of the PDP Law substantively establish various categories of criminal offenses within the context of personal data protection. These include the unlawful acquisition, disclosure, processing, falsification, and utilization of personal data. Collectively, these provisions reflect the State’s commitment to ensuring criminal legal protection against violations of personal data.This research adopts a doctrinal legal methodology with a descriptive-normative approach to address two primary issues: First, to examine and identify the scope of legal protection concerning the trade of personal data under the PDP Law; and Second, to assess and determine the degree of legal certainty afforded to the trade of personal data within the framework of the PDP Law.Notwithstanding the protective intent embodied in Article 20—particularly concerning the commercial use of personal data—this provision gives rise to legal uncertainty due to the absence of comprehensive regulatory clarity on several critical aspects. Similarly, Articles 65 to 70 continue to exhibit significant legal ambiguities, particularly with respect to the constituent elements of offenses, the definition of harm, corporate liability, regulatory overlap with other legislative instruments, and the lack of clear enforcement mechanisms and implementing institutions.

Gama Bagus Kuntoadi; Ima Rusdiana; Miftah Parid Firmansyah

International Journal of Health and Medicine 2026 Asosiasi Riset Ilmu Kesehatan Indonesia

This study identified the use of abbreviations in Medical Treatment Consent Forms (SPTK) at X Hospital Indonesia. A quantitative cross-sectional descriptive approach was applied to 76 SPTKs in September 2024, and questionnaires were administered to 30 patient-responsible physicians (DPJP). The results showed that 75% of SPTKs contained abbreviations, even though 97% of respondents understood the risk of miscommunication to patient safety. The state of the art includes accreditation standards that prohibit the use of abbreviations in informed consent, with global orthopedic studies reporting a decrease from 54% to 22% after educational interventions, as well as Indonesian regulations, namely Peraturan Mentri Kesehatan (Permenkes) Republik Indonesia No. 24/2022, which emphasizes that medical records must be complete. The novelty lies in the first empirical analysis in Indonesian hospitals to reveal the disparity between high physician knowledge and low documentation compliance, contributing to the development of evidence-based monitoring for patient safety. These findings support recommendations for daily review of SPTK, ongoing socialization, and integration of digital checklists to reduce medical errors.

Erni Sulhati Roudho Siregar; Uswatun Hasanah

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Paulus Dominggu Soplanit; M. Syahrul Borman; Dedi Wardana Nasution

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Oral loan agreements remain a prevalent form of contract in Indonesian society, particularly within familial relationships, friendships, and informal financial transactions. This study aims to examine the legal standing of oral loan agreements under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata) and to analyse the evidentiary mechanisms applicable in cases of default (wanprestasi). This research employs a normative juridical approach, utilising secondary data sources comprising legislation, legal doctrines, and relevant court decisions. The findings indicate that oral loan agreements are legally valid and binding provided they satisfy the requirements stipulated in Article 1320 of the Civil Code, namely mutual consent, legal capacity, a specific object, and a lawful cause. However, the fundamental weakness of such agreements lies in the evidentiary challenges that arise during dispute resolution. In the absence of written documentation, proof of the agreement's existence and content must rely on alternative forms of evidence, including witness testimony, acknowledgement by the parties, bank transfer records, receipts, electronic communications, and circumstantial evidence as recognised under Article 1866 of the Civil Code and the Electronic Information and Transactions Law. The success of claims in default cases largely depends on the strength, consistency, and relevance of the evidence presented. This study concludes that while oral agreements possess full legal force, parties are strongly advised to document loan transactions in writing or secure supporting evidence to ensure greater legal certainty and facilitate effective dispute resolution.

Fanisa Asyatilah Rusli; Dhiaul Azkiya; Putri Zahra Maulidina; Fajar Caesar; Neng Sri Suryati

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The development of Artificial Intelligence (AI) has significantly influenced the formation of contracts in civil law, particularly through the automation of clause drafting, risk analysis, and the standardization of contractual documents. The use of AI in contract drafting raises complex legal issues, especially concerning the validity of agreements and the attribution of legal liability in the event of default. This study aims to analyze the validity of contracts created through Artificial Intelligence from the perspective of Indonesian civil law and to examine models of legal liability in AI-based contracts. This research employs a normative legal method with statutory and conceptual approaches, examining the provisions of the Indonesian Civil Code, particularly Article 1320, as well as legal doctrines and scholarly perspectives on digital contracts and AI. The findings indicate that AI-based contracts are, in principle, legally valid as long as they fulfill the requirements of a valid agreement, namely the consent of the parties, legal capacity, a specific object, and a lawful cause. Artificial Intelligence cannot be positioned as a legal subject because it lacks intent, consciousness, and the capacity to bear rights and obligations, and therefore functions solely as a technological tool. Consequently, legal intent and liability remain attached to the human or legal entity that uses, controls, or benefits from AI. This study also emphasizes that the primary challenge of AI-based contracts lies in the absence of specific legal regulations governing the allocation of liability among AI users, system providers, and developers, particularly when default occurs due to algorithmic errors or system failures. Therefore, clearer, adaptive, and comprehensive regulations are required to ensure legal certainty, protect the parties involved, and maintain a balance between technological innovation and the principles of justice in AI-based contractual practices in Indonesia.