Civil Law Commons^™

Analisis Penyelesaian Sengketa Konstruksi Akibat Wanprestasi Dalam Perjanjian Jasa Konstruksi Ditinjau Dari Hukum Perdata, Mayangsari Nurul Imani, Prof. Dr. Rosa Agustina, S.H.,M.H

Lex Patrimonium

This research analyzes how dispute resolution efforts can be made in the event of a construction dispute due to default committed by a party in a construction service agreement. This research is prepared using a doctrinal research method. The author describes and analyses three problems in this research, namely the factors that cause construction disputes based on the provisions in the construction service agreement, efforts to resolve construction disputes due to default by the parties in the construction service agreement, and the court's opinion in resolving construction disputes in Case No. 692/Pdt.G/2019/PN.Jkt.Utr. The results show that construction disputes usually occur …

Analisis Perbedaan Prinsip Kesalahan Dan Implikasinya Terhadap Tanggung Jawab Dalam Perbuatan Melawan Hukum: Studi Komparatif Antara Hukum Indonesia Dan Hukum Inggris, Muhammad Ihsan Abdurrahman, Prof. Dr. Rosa Agustina, S.H.,M.H

Lex Patrimonium

Indonesian law, originating from the Dutch law, includes the lawsuit for Perbuatan Melawan Hukum or PMH, which originates from onrechtmatige daad in the Netherlands. Despite undergoing developments, PMH in Indonesia still focuses on compensation for parties experiencing losses, in contrast to the concept of the Law of Torts in England, which aims not only to provide compensation but also to prevent future trots and deter perpetrators. A notable difference lies in the consideration of the perpetrator's intention, where PMH in Indonesia does not take intention into account, while the Law of Torts in United Kingdom incorporates the perpetrator's intention as …

Analisis Efektivitas Jaminan Perorangan Sebagai Pemenuhan Hak Kreditur Dalam Penyelesaian Kredit Yang Wanprestasi Pada Bank X, Maria Audy Vania Putri, Akhmad Budi Cahyono

Lex Patrimonium

This paper analyzes how the effectiveness of personal guarantees in supporting the fulfillment of creditor rights in resolving defaulted loans at banks. This paper is prepared using a non-doctrinal research method. Understanding the role of personal guarantees in the context of defaulted credit settlement is essential to optimize the process and final results of credit settlement. The results show that personal guarantees play an important role in the fulfillment of creditor rights in defaulted credit settlements. The analysis of the effectiveness of personal guarantees includes an evaluation of the collateral registration process, collateral value assessment procedures, and credit settlement mechanisms. …

Pertanggungjawaban Jaminan Perorangan (Personal Guarantee) Dalam Kepailitan: Studi Kasus Putusan Nomor 6/Pdt.Sus-Pailit/2020/Pn.Niaga.Jkt.Pst., Yasmin Ghaisani Sya'bina, Togi Marolop Pangaribuan

Lex Patrimonium

Agreement as a personal guarantee places oneself in a quite risky position. As regulated in Article 1820 of the Civil Code, a personal guarantee is obligated to pay off the debts of a debtor who fails to pay their debts. However, in carrying out the agreement, a personal guarantee is given a privilege based on Article 1831 of the Civil Code in the form of the right to demand execution of the principal’s beforehand. Furthermore, Article 1832 paragraph (1) of the Civil Code which regulates the relinquishment of personal guarantee’s privilege indicated the possibility of personal guarantee being …

Penetapan Pengampuan Berdasarkan Putusan Mk No. 93/Puu-Xx/2022 Dan Uu No. 17 Tahun 2023 Tentang Kesehatan, Sisilya -, Lauditta Humaira, Iffah Karimah

Lex Patrimonium

Curatele is a legal determination applied to individuals unable to manage their own needs and interests, designates them as legally incompetent. Despite its intent, the curatele system faces challenges due to misuse, resulting in violations of the rights of those placed under curatele. Governed by Article 433 of the Civil Code, curatele underwent significant changes following Constitutional Court Decision No. 93/PUU-XX/2022. This decision rendered curatele is now no longer a necessity, but rather can be, for individuals with conditions such as dungu, sakit otak, and mata gelap, provided these conditions aren't interpreted as indicative of mental or …

Peleburan Terhadap Hukum Waris Perdata Barat Dalam Penyelesaian Sengketa Kewarisan Menurut Hukum Waris Adat Batak Berkaitan Dengan Kedudukan Dan Hak Ahli Waris Perempuan (Studi Kasus Putusan), Laurensia Lefina Mulauli, Lauditta Humaira

Lex Patrimonium

This paper is prepared with doctrinal research methods and focuses on the applicability of Batak customary inheritance law by analyzing how to resolve inheritance disputes that occur in Batak families today, whether the Judges still applies the provisions of Batak customary inheritance law in full, which only gives inheritance shares to sons, or also heeds the shift in the value of patrilineal customary inheritance that gives inheritance shares to daughters based on rules Supreme Court Jurisprudence Law No. 179 K/SIP/1961 which equates the position and rights of women and men in the patrilineal customary inheritance system. The consideration of the …

Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah

Journal of Private International Law Studies

Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …

Disruption Events Sebagai Peristiwa Yang Tak Terduga Dalam Pelaksanaan Kewajiban Kontraktual, Natasya Yunita Sugiastuti, Ari Wahyudi Hertanto, Anda Setiawati, Agung Wijaya, Ghayana Aditya Putra

Jurnal Hukum & Pembangunan

An agreement creates an obligation, which is a legal relationship between the parties. If one party fails to fulfill its duties to the other party as promised, it is considered a breach of contract by one party against the other. One of the external factors that disrupt contract execution is a disruption event. In contrast to the concepts of force majeure and hardship, which have been acknowledged in Indonesian law, the argument of disruption events has not been recognized, even in the context of legal literature. However, in certain contracts with extended durations, the concept of disruption event has been …

Meninjau Alasan “Tidak Dipenuhinya Kuota Domestic Market Obligation” Sebagai Dasar Pencabutan Izin Usaha Pertambangan Batubara, Zaki Priambudi, Bima Rico Pambud, M. Ghifari Fardhana Bahar, Rivan Hidayat

Jurnal Hukum & Pembangunan

The revocation of 2,078 Mining Business Licenses (IUP) on January 10, 2022, some of which was based on non-compliance with the Domestic Market Obligation (DMO) policy, is alleged to have been conducted arbitrarily, without regard for the principles and procedures of licensing management. Therefore, this research aims to analyze two legal issues: (1) Whether the revocation of the IUPs belonging to coal mining business entities that failed to meet the DMO quota by the Minister of Investment/Head of the Investment Coordinating Board (Head of BKPM) is a lawful decision; (2) What are the legal consequences of revoking the coal IUPs …

Pelindungan Data Pribadi Pada Layanan Pendanaan Berbasis Teknologi Informasi Pasca Undang-Undang Nomor 27 Tahun 2022 Dan Undang-Undang Nomor 4 Tahun 2023, Gita Theresa, Henny Marlyna

Jurnal Hukum & Pembangunan

Abstract

Information Technology-Based Crowdfunding Services (LPBBTI) continue to encounter challenges related to legal protections, such as breaches of privacy and the misuse of personal data belonging to consumers and the public. This paper analyzes the implementation of personal data protection through LPBBTI operational compliance, the drafting of privacy policies and LPBBTI agreements, as well as the role of authorities in overseeing LPBBTI operators in implementing personal data protection following the enactment of Law No. 27 of 2022 (UU PDP) and Law No. 4 of 2023 (UU P2SK). This study aims to provide information and input on the implementation of consumer …

Letter Of Credit Related Trade Disputes - Court Decisions Legal Certainty In Indonesia, Rori Achir, Mella Ismellina Farma Rahayu, Ahmad Sudiro

Indonesia Law Review

This study examines the legal certainty surrounding commercial letters of credit (L/C) within the context of Indonesian judicial practice, focusing on how courts conduct hearings and render decisions in L/C-related trade disputes. The term “L/C” in this research encompasses both international L/C and the domestic equivalent, Surat Kredit Berdokumen Dalam Negeri (SKBDN). The analysis explores whether Indonesian courts have undertaken comprehensive judicial examinations across five key dimensions: (1) the determination of whether a breach of contract or a tort occurred; (2) the characterization of contractual relationships among the disputing parties; (3) the application of the L/C independence principle; (4) the …

Urgensi Perlindungan Data Pribadi Pada Sistem Elektronik Untuk Anak Di Bawah Umur Di Indonesia Serta Perbandingan Regulasi Dengan Uni Eropa (General Data Protection Regulation), Dzikrina Laili Kusumadewi, Akhmad Budi Cahyono

Lex Patrimonium

Childrens are inseparable from using technology. Using this technology also has a negative impact, which is misuse of one's personal data. This threat is quite troublesome, especially for children, in the eyes of the law, that are considered as incompetent individuals. Unfortunately, Regulation Number 27/2022 concerning Personal Data Protection does not regulate and explain in detail the protections that children can get for the security of their personal data. Therefore, this research will discuss child regulations, sanctions, and compensation in protecting personal data; child rights provisions; and the comparison. The aim is to provide an explanation of what provisions have …

Pembatalan Perjanjian Secara Sepihak Akibat Wanprestasi (Studi Putusan-Putusan Pengadilan Dan Perbandingan Di Negara-Negara Civil Law), Indi Millatul Aula, Akhmad Budi Cahyono

Lex Patrimonium

The inclusion of the override clause of Article 1266 of the Indonesian Civil Code in contract raises differences in interpretation and views by legal experts. Basically, there is no explanation regarding this matter in the Indonesian Civil Code, so the main issues discussed in this research are the opinions of legal experts in Indonesia regarding the unilateral termination of contract due to default, and comparing it with the arrangements in Civil Law Countries. This research is a normative juridical research with data collected through library research. This article explains that there are different views among legal experts regarding whether or …

Pengaruh Prinsip Best Interest Of Child Dalam Penentuan Hak Asuh Anak Pada Kasus Perceraian Menurut Hukum Perdata (Analisis Terhadap Putusan-Putusan Pengadilan), Yazid Nashrullah, Endah Hartati

Lex Patrimonium

Determination of child custody due to divorce should be done by applying the principle of Best Interest of Child because basically the relationship between children and parents is not broken due to divorce. Children have the right to be able to grow and develop properly according to their potential until the child reaches adulthood. The Panel of Judges has a major role in determining which party is entitled to control over child custody. Based on this background, how does the regulation in Indonesia regulate the determination of control over child custody and how does the effect of the principle of …

Pertanggungjawaban Hukum Pengumpulan Data Biometrik Melalui Artificial Intelligence Tanpa Persetujuan Pemilik Data (Studi Kasus Clearview Ai Inc. Di Yunani Dan Inggris), Miyuki Fattah Rizki, Abdul Salam

Lex Patrimonium

Usement of Artificial Intelligence (AI) along with biometric data can pose a threat to the personal data protection, especially when there’s a data gathering without the consent of Data Owner. Therefore, this thesis will analyze (1) the biometric data protection in Indonesia, (2) AI legal standing based on Indonesia, Greece, and the United Kingdom legal systems, also (3) the legal liability of gathering biometric data through AI without consent of the Data Owner in Indonesia. This thesis is conducted through a normative juridical method with multiple approaches. The conclusion of the research is (1) provisions of biometric data protection can …

Perlindungan Hukum Bagi Pembeli Terhadap Gugatan Pembatalan Jual Beli Tanah Oleh Para Ahli Waris Penjual, M Waldi Ali Soraya, Lauditta Humaira ,S.H.,M.Kn.

Lex Patrimonium

In the implementation of the Sale and Purchase Binding Agreement Deed, a dispute may occur. For example, if the land being sold is an inheritance. For example, one of the sellers does not approve of the sale and purchase, or the land is sold by someone who is not an heir. Of course the buyer will be disadvantaged. The aim of the research is to find out the legal provisions governing the unilateral cancellation of the PPJB, to explain the determination of unlawful acts and to analyze the legal protection for buyers in land sale and purchase agreements which are …

Eksekusi Objek Jaminan Fidusia Sebagai Suatu Perbuatan Melawan Hukum: Tinjauan Terhadap Putusan Pengadilan Negeri Medan Nomor 167/Pdt.G/2021/Pn Mdn Dan Putusan Pengadilan Tinggi Tanjung Karang Nomor 93/Pdt/2022/Pt Tjk, Rahmandika -, Lauditta Humaira

Lex Patrimonium

The provisions for the execution of fiduciary security objects are regulated in Law Number 42 of 1999 on Fiduciary Security which allows fiduciary obligee to unilaterally execute fiduciary security objects based on the inherent executorial title which means execution can be directly exercised without going through a court and is final and binding on the parties. The Constitutional Court through Decision Number 18/PUU-XVII/2019 changed the meaning of the executorial title so that the execution of the fiduciary security certificate must be exercised and apply the same as the execution of a court decision that has permanent legal force, unless there …

Perbandingan Rechtsverwerking Sebagai Doktrin Hukum Di Indonesia Dan Doktrin Estoppel Di Amerika Serikat Pada Bidang Hukum Perjanjian, Joseph Noviandri, Togi Marolop Pangaribuan

Lex Patrimonium

This journal discusses the scope of rechtsverwerking as a doctrine known as the ‘waiver of rights’ doctrine. rechtsverwerking refers to a situation where someone possesses a certain right but does not exercise it within a specific period, which may result in the loss of that right. This concept of waiving rights is widely recognized, As exemplified by Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning the release of land rights, the application of the rechtsverwerking doctrine should no longer be used as the basis for releasing land rights, as legislation takes precedence over doctrines in the …

Implementasi Doktrin Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Dalam Perkara Jual Beli Dengan Surat Di Bawah Tangan (Studi Kasus: Putusan Nomor 243/Pdt.G/2020/Pn Mdn Dan Putusan Nomor 101/Pdt/2021/Pt Mdn), Bagas Febrianto, Akhmad Budi Cahyono

Lex Patrimonium

Undue influence (misbruik van omstandigheden) is one of the reasons for the invalidity of an agreement due to a defective will known in Indonesian civil law based on doctrine and jurisprudence. This undue influence is a form of legal protection for weak parties because of the imbalanced position of the parties to the agreement both economically and psychologically. In the case of a sale and purchase agreement, often the parties disagree on the subject matter of the agreement, namely the goods and prices. Moreover, the sale and purchase agreement with privately made letters is certainly very prone to …

Penolakan Kpr Sebagai Syarat Tangguh Pembatalan Ppjb (Studi Kasus: Putusan Nomor 1138/Pdt.G/2020/Pn Sby), Alfin Permana Lutfi, Lauditta Humaira

Lex Patrimonium

This thesis analyzes Decision Number 1138/Pdt.G/2020/PN. Sby regarding the problem of refusing mortgages which resulted in binding agreements in buying and selling houses. The problems to be examined are the legal provisions regarding mortgage approval as a tough condition in the house sale and purchase agreement and the enforceability of PPJB cancellation and exoneration clauses in the construction of civil law in Indonesia with regard to the case in decision number 1138/Pdt.G/2020/PN.Sby. As for the legal provisions regarding KPR approval as a tough condition for PPJB cancellation, they are not clearly regulated in Indonesian laws and regulations. The house sale …

Perlindungan Hukum Terhadap Pemegang Perjanjian Pengikatan Jual Beli Atas Tanah Dimana Sertifikat Tanah Berada Dalam Penguasaan Bank (Studi Putusan Nomor 751 Pk/Pdt/2019), Ahmad Raihan Imani Setiawan, Abdul Salam

Lex Patrimonium

The dynamic and evolving nature of the law, which also gives rise to complexities in societal issues, requires legal certainty, especially concerning the legal protection for parties involved in a Sale and Purchase Agreement (PPJB). The purpose of this paper is to understand the legal position of the buyer based on a PPJB for land and buildings concerning the land that has been used as collateral by the seller to a bank. Additionally, it aims to determine whether the judge’s considerations were appropriate in providing legal protection to the buyer based on the PPJB, as per the verdict Number 751 …

Tanggung Gugat Orang Tua Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Anak Di Bawah Umur Menurut Kuh Perdata (Studi Perbandingan Dengan Belanda Dan Hukum Perdata Manitoba, British Columbia, Dan Ontario), Clarinta A.P. Lukman, Abdul Salam

Lex Patrimonium

Liability is not limited to acts committed by oneself, but also acts committed by others as regulated in Article 1367 paragraph (2) of the Civil Code or also known as vicarious liability or substitute responsibility. Unlawful acts can basically be committed by anyone, including minors. Therefore, in this research, the author is interested in discussing the liability of parents for unlawful acts committed by minors and its comparison with the Netherlands and Canada, which specifically includes the provinces of Manitoba, British Columbia and Ontario. This discussion is intended to look at the differences and similarities regarding the size of a …

Penalaran Dalam Putusan Mahkamah Konstitusi No. 64/Puu-X/2012 Dalam Kaitannya Dengan Pelindungan Data Pribadi Nasabah Perbankan Di Indonesia, Yosea Iskandar

Jurnal Hukum & Pembangunan

Abstract

Title: The Significance of Constitutional Court Decision No. 64/PUU-X/2012 on Banking Customer Data Protection in Indonesia: An Analysis of Legal Interpretation and Implications

This article delves into the pivotal role played by Constitutional Court Decision No. 64/PUU-X/2012 in shaping the concept and regulations governing the protection of personal banking data in Indonesia. The decision redefined the obligations of banks to maintain confidentiality, particularly concerning information about depositors and their deposits. Widely acclaimed as a legal breakthrough, the decision prompted the government to amend banking laws in 2022 to reflect the Court's new interpretation. In contrast to existing scholarly works …

Implikasi Pengaturan Konglomerasi Keuangan Terhadap Sektor Perbankan Di Indonesia Pasca Ditetapkannya Undang-Undang 4 Tahun 2023 Tentang Pengembangan Dan Penguatan Sektor Keuangan, Gumelar Taufik Yugo Rahmanto

Jurnal Hukum & Pembangunan

This paper focuses on the regulatory implications of financial conglomeration on the banking sector in Indonesia after Law 4 of 2023 on the Development and Strengthening of the Financial Sector. Financial conglomeration have a negative impact, which can create systemic risk in the financial sector. Therefore, the activities of financial conglomerates need to be regulated and supervised in a comprehensive and integrated manner. Through Law 4 of 2023, the Government regulates financial conglomerates and strengthens the OJK institution in conducting integrated regulation and supervision of financial conglomerate activities. With the issuance of Law 4 of 2023, it has implications for …

Perjanjian Perkawinan: Sebuah Analisis Terhadap Putusan Mahkamah Konstitusi 69/Puu-Xiii/2015, Hening Hapsari

Jurnal Hukum & Pembangunan

Marriage agreements remain a frequently debated and somewhat sensitive issue within the context of matrimony in Indonesia, notwithstanding their explicit existence in the country's legal regulations. Governed by the Marriage Law Number 1 of 1974 and addressed in the Civil Code (KUHPerdata/BW), marriage agreements are formulated by spouses before the solemnization of the marriage. However, a significant development occurred in 2015 when a constitutional challenge was raised against Article 29 of the Marriage Law Number 1 of 1974. In its definitive decision, the Constitutional Court ruled that marriage agreements could be established before, during, or after the marriage ceremony. This …

Konsep Kecakapan Subjek Hukum Dalam Kewenangan Bertindak Pada Hukum Perkawinan Di Indonesia Dari Perspektif Psikologis, Imelda Martinelli, Joko Priyono, Yunanto Yunanto

Jurnal Hukum & Pembangunan

This study explores the concept of 'injustice' in legal policy, focusing on the 'criterion of injustice' from the perspective of the individual's legal rights. The study identifies several differences in Indonesian legal systems, but focuses on the 'injustice' principle as a common principle in the legal system. The study also discusses the concept of 'injustice' as a legal principle that can be applied both in the public and private sectors. The study also highlights the role of 'law' in legal policy, which is a central aspect of legal research and is still present in the legal system. The study distinguishes …

Effectiveness Of Integrated Traffic Management Of Military Police And Traffic Police In Reducing Drive Speed N Arterial Roads: An Experimental Study, Teguh Patriot

CSID Journal of Infrastructure Development

The Indonesian National Police Traffic Corps (KORLANTAS POLRI) and the Army Staff and Command School (SESKOAD) conducted a joint study in early March 2023 to reduce the number of traffic accident victims by implementing traffic regulations by the Military Police and Traffic Police. One of the methods used by KORLANTAS POLRI is the installation of ETLE speed cameras on Jakarta toll roads, such as Cikampek, Jagorawi, Bitung, and others. At the end of 2022, 75 additional speed cameras had been installed on arterial roads in Jakarta.

The purpose of this study is to analyze the effectiveness …

Pelaksanaan Perjanjian Akibat Terjadinya Wanprestasi Karena Pandemi Covid-19: Studi Perbandingan Di Indonesia Dan Malaysia, Nadya Aurelia Salsabila

Lex Patrimonium

The Covid-19 pandemic has had a significant impact on various aspects of people’s lives, one of which is the existence of contracts whose implementation has been disrupted because there are some of parties who cannot fulfill their achievements or contractual obligations by postulating the Covid-19 pandemic as a category of force majeure. This research discusses the implementation of contracts due to defaults due to the Covid-19 pandemic in Indonesia and Malaysia. The method used is normative juridical by examining laws and regulations and court decisions in the two countries which are the focus of comparison in this research. The conclusion …

Penerapan Itikad Baik Dan Kebebasan Berkontrak Pada Jaminan Kebendaan Berdasarkan Perjanjian Fasilitas Pinjaman (Facility Agreement) Dalam Sengketa Kepailitan: Studi Kasus Putusan Pengadilan Niaga Nomor 3/Pdt.Sus-Lain Lain/2021/Pn Niaga Mdn Jo. Nomor 7/Pdt.Sus-Pkpu/2018/Pn Niaga Mdn, Tarissa Zahira Hidayansyah, Prof. Dr. Rosa Agustina, S.H.,M.H

Lex Patrimonium

The principle of good faith is a general principle of contract law used as a form of limitation of the parties in exercising freedom of contract. The principle of good faith is used to determine the parties' intentions in carrying out the agreement, which is assessed based on statutory regulations, decency, customs, good decency, and public order, as emphasized in articles 1337 and 1339 of the Civil Code. However, there is no clear definition of interpreting good faith in a particular legal action which brings a variety of perspectives and opinions in interpreting the good faith of a legal action. …

Urgensi Pengawasan Terhadap Penyedia Jasa Pengiriman Dalam Kegiatan E-Commerce: Studi Komparasi Indonesia Dengan Malaysia, Lydia Azzahro Silparensi, Abdul Salam

Lex Patrimonium

Delivery service providers are a role that is needed, especially with the increase in e-commerce activity. However, the implementation of courier services is still lacking in overcoming these problems. As an effort to increase supervision while adapting it to consumer needs, an analysis was carried out using a normative juridical method by comparing the two institutions between Indonesia and Malaysia. Institutions in Malaysia are different from Indonesia which are under the auspices of the Ministry of Communication and Informatics, that the Malaysian Institution known as the Malaysian Communications and Multimedia Commission is an institution whose role is to oversee communication …