Journal Title Melayunesia Law Initials ML Email myl@ejournal.unri.ac.id Frequency 2 issues in a year ISSN 25580-7447 (Print) | 2580-7455 (Online) DOI Prefix Prefik 10.30652 by Editor in Chief Prof. Dr. Firdaus SH. MH. Publisher Magister Ilmu Hukum Fakultas Hukum Universitas Riau Melayunesia Law Journal is a peer-reviewed journal which is published by Magister Ilmu Hukum Fakultas Hukum Universitas Riau (UNRI). The aim of Melayunesia Law Journal published is to reveal the living law in the midst of society over time and peace. We publish original research papers, review articles, and case studies focused on the Malay customary law, law and human, customary law, criminal law, corporate and business law, and the law that developed in society. Melayunesia Law Journal publication schedule biannually in June and December. Melayunesia Law has been indexed in
Magister Ilmu Hukum Fakultas Hukum Universitas Riau
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Implementation of Sanctions Against Unlicensed Alcoholic Beverage Sellers in Pekanbaru City Based on Regional Government Regulation No. 13 of 2021 concerning Public Order and Tranquility
This study aims to examine the efforts of Satpol PP as the enforcer of Perda and Perkada in tackling the circulation of alcoholic beverages and the application of sanctions against its sellers in Pekanbaru city as well as the factors that support and inhibit the enforcement of the Law. The research method used is field research method, the research was conducted in pekanbaru city. The type of research in this writing is empirical juridical research, because it approaches the problem from the applicable regulations and the reality in society. the results of this study There are 3 (three) efforts of Satpol pp and related agencies in tackling the circulation of alcoholic beverages, namely: Preincentive efforts, preventive efforts and repressive efforts in this case Satpol PP and related agencies have 3 (three) supporting factors, namely: legal substance factors, informant factors, community leaders factors. and 4 (four) inhibiting factors, namely: human resource factors, intellectual resources of expert investigators, facilities and infrastructure factors of law enforcement, ground rules factors, community factors, and community culture factors.
Copyright (c) 2023 Al Qudri, Ardiansyah, Bagio Kadaryanto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Regulation on the Position of the State Civil Apparatus in the General Sorting of Indonesia
This study examines the regulation of the position of the State Civil Apparatus (ASN) in the context of General Elections (Pemilu) in Indonesia. This research uses normative juridical method with qualitative descriptive analysis approach. Regulations on the position of civil servants are very clearly regulated in the legislation on how to regulate civil servants to be more optimal in supporting government activities to benefit the community as much as possible and be fair and always maintain neutrality in elections. Based on the results of the study, there are several regulations governing the position of civil servants in elections in Indonesia, namely the 1945 Constitution, the Civil Service Law, the Election Law, the Corps Life Government Regulation and the Civil Servant Code of Ethics, the Government Regulation on Civil Servant Discipline, and the Circular Letter of the Chairman of KASN concerning the Neutrality of Civil Servants.
Copyright (c) 2023 Separen, Muhammad Zulhidayat, Sri Endang Kornita (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Restorative justice Approach to Certain Criminal Actions with the Threat of Under Five Years Prison in Functioning Criminal Law as Ultimum Remedium
The purpose of this research is to find out the concept of criminal law renewal to place restorative justice as ultimum remedium in certain crimes with a prison sentence of under five years. This type of normative legal research with the type of legal synchronization. Collecting data on normative legal research uses data collection techniques from a literature study. In drawing conclusions the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement. the results of research and discussion can be concluded. First; The restorative justice approach to criminal acts with the threat of imprisonment for under five years finds its footing in the basic philosophy of Pancasila, namely in accordance with the 4th precept of Pancasila "Deliberation to reach consensus". Currently, restorative justice has been regulated in various regulations/policies. The contents of this internal policy show that there is no uniformity in understanding and boundaries of criminal acts that can be resolved through restorative justice and does not create an Integrated Criminal Justice System. and the imposition of criminal sanctions on perpetrators.
Copyright (c) 2023 Windy Rizky Putri, Erdianto Effendi, Zulfikar Jayakusuma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Presidential Threshold Polemic in the 2019 Election and Before the 2024 Election Contest in Indonesia
The application of the presidential threshold in the presidential nomination election in Indonesia gave rise to various controversies and became a topic of discussion in the country's political system. This research wants to see the presidential threshold polemic in the 2019 election and before the 2024 election contestation in Indonesia. The type of research used is normative legal research. The findings in the 2019 election of the presidential threshold polemic that occurred were a number of political parties objecting to a high threshold, restrictions on the freedom of the people/the best sons and daughters who wanted to advance in the presidential election, the public were given choices that were not varied, weakened the presidential system and contradicted the 1945 Constitution Then the polemic leading up to the 2024 election, namely: elite candidates dominating, alternative candidates are limited, consideration of the Constitutional Court is problematic, article 222 of the law is contrary to article 6A (2) of the 1945 Constitution and democratic space is now limited.
Copyright (c) 2023 Ahmad Shirotol, Mhd. Erwin Munthe, Ridwan Harahap, Alfi Hasanah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of the Notary in Resolving Disputes Regarding the Deed of Sale and Purchase Agreement (PPJB) (Case Study at the Notary/PPAT in Pekanbaru City)
The subject matter of this research is the role of a notary in resolving disputes over the Sale and Purchase Agreement Deed (PPJB) made by the parties before him and how the legal force of peace made by the parties before a notary related to the dispute over the Sale and Purchase Agreement Deed (PPJB). This legal research uses an empirical juridical method, which is a method of approaching the problem by looking at the applicable legal norms and then connecting them with legal facts found in the field. While this type of research is descriptive-analytical, namely describing an event that occurs clearly and in detail. The results of the study, the role of a notary in resolving disputes in the Sale and Purchase Agreement Deed (PPJB) made by the parties in front of him the notary can act by providing input on the dispute between the parties in the deed made by the notary, this function is the role of the notary voluntarily as a parties who understands his duties and functions as a notary, and in this case, the notary is also considered to understand the core of the problems that are happening and the legal strength of the peace made by the parties before the notary regarding the dispute of the Sale and Purchase Agreement Deed (PPJB), namely the notary has such an important authority to provide legal counseling and provide information in connection with the making of authentic deeds.
Copyright (c) 2023 Dwi Mutia Sari, Busyra Azheri, Jean Elvardi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Juridical Analysis of Prohibition of Monopoly and Unfair Business Competition in Wholesaler Procedures for Sales of Umrah Tickets by PT. Garuda Indonesia (Persero) Tbk
The Business Competition Supervisory Commission (KPPU) decided that PT. Garuda Indonesia (Persero) Tbk. committing violations related to discrimination and making efforts to close access to distribution channels for direct sales of Umrah tickets to and from Jeddah and Medina through the Wholesaler Program. Where is PT. Garuda issued a policy regarding Middle East Asia (MEA) ticket sales that required Umrah Pilgrimage Organizers (PPIU) to purchase through the six designated wholesalers. The purpose of this research is to find out the legal consequences of the practice of prohibiting monopoly in the wholesaler procedure for selling Umrah tickets by PT. Garuda Indonesia (Persero) Tbk. This study uses a normative juridical research method using a statutory approach (Statutes Approach), namely Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and a case approach (Case Approach), namely Decision Number 06/KPPU-L/ 2020 regarding Alleged Discriminatory Practices of PT Garuda Indonesia (Persero).
Copyright (c) 2023 Redati Tsaniya Sekarsari, Siti Malikhatun Badriyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Cancellation of a Certificate of Ownership Based on a District Court Decision in Tanah Datar District
The problem formulations in this research are: the reason why the plaintiff did not submit a request for annulment to the BPN, the process of canceling a land title certificate based on a district court decision in Tanah Datar Regency, the status of the sale and purchase of land objects whose certificates are not valid but have not been canceled by the BPN, This research uses normative-empirical juridical methods. The reasons why the plaintiff did not submit an application for cancellation to the BPN were due to the plaintiff's ignorance of the cancellation procedure, physical control and certificates that were still controlled by the defendant, the length of the physical execution process due to resistance and the many requirements for submitting a cancellation to the BPN. 2. The process of canceling a certificate based on a court decision in Tanah Datar District begins with a request from an interested parties and then the file will be analyzed by the Land Office and then sent to the Regional Office, where the Regional Office will issue a decree of cancellation. 3.With the transfer of land rights by a person who is not the actual owner of the transferred land, his actions have clearly violated the principles that apply to land registration activities, namely the Nemo Plus Juris Principle and also the provisions of Article 1320 of the Civil Code, namely a lawful cause. Because the point of a lawful cause is violated, the agreement made by the parties becomes null and void.
Copyright (c) 2025 Intan Mariska Aretra, Zefrizal Nurdin, Anton Rosari (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The position of the Lake Toba Authority Body is based on Presidential Regulation Number 49 of 2016 concerning the Lake Toba Tourism Area Management Authority Body
The Lake Toba Tourism Authority Management Body was formed through Presidential Regulation Number 49 of 2016. After the formation of the Lake Toba Tourism Authority Body, many pros and cons occurred, apart from the issue of overlapping authority between the central government and regional governments regarding management rights, representatives of indigenous peoples also claimed that the Authority Body only carries out unilateral development without involving local indigenous peoples, besides that the agrarian problem of customary land in the Lake Toba area is also a fundamental problem, land and land which initially had no legal certainty and had become the land of local indigenous peoples were suddenly empowered to used for the Lake Toba Tourism Authority Board using the legal basis for Presidential Regulation Number 49 of 2016 concerning the Lake Toba Tourism Area Management Authority Body. The research method used in this study uses a normative research approach, while from the nature of this research it is a descriptive research.
Copyright (c) 2025 Augusto Edytama Prasetia, Siti Malikhatun Badriyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reformulation of Chemical Castration Sanctions for Perpetrators of Sexual Crimes in Review from the Relative Theory of Punishment
This research aims to see whether or not chemical castration sanctions are applied to sex offenders when viewed from the Relative Theory of Punishment and is associated with several examples of decisions. From the research results. The application of chemical castration sanctions against sex offenders has not been implemented effectively in law enforcement in Indonesia because there is still a discrepancy between the provisions of additional punishment determined by the legislator with the facts or circumstances that occur. The Relative theory of punishment views the provision of punishment not as retaliation for the wrongdoing committed by the perpetrator, the justification of punishment lies in its purpose, namely to reduce the frequency of crime. Therefore, it is necessary to reformulate the sanction of chemical castration from various aspects, including socio-philosophical, socio-political, and socio-cultural aspects. The need for a legal breakthrough to provide therapeutic/treatment effects to perpetrators of sexual crimes through psychiatric rehabilitation efforts. Because basically, punishment is no longer solely as retaliation, but to re-educate the person who committed the criminal act to become a useful member of society.
Copyright (c) 2025 Fanita Aditia, Emilda Firdaus, Davit Rahmadan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Mechanism for Settlement of Land Tenure in the Context of Forest Area Planning (PPTPKH) in Karimun Regency
This study examines the mechanism for resolving land tenure issues within the framework of Forest Area Structuring (PPTPKH) in Karimun Regency. The central problem lies in the mismatch between community land tenure and the designation of forest areas, which often generates legal as well as social conflicts. This research employs a normative juridical method with statutory and conceptual approaches, complemented by empirical data through interviews and document analysis at the regional level. The findings indicate that the implementation of PPTPKH in Karimun Regency faces several challenges, including regulatory disharmony between central and local governments, limited spatial data, and weak institutional coordination. The resolution mechanism applied involves administrative and technical verification of land claims, assessment based on principles of social justice and legal certainty, and granting legal access through forest area release, land-swap schemes, or the allocation of land rights under agrarian law. However, the implementation remains suboptimal due to overlapping authorities and limited institutional capacity. This study recommends regulatory harmonization, strengthening land and forestry databases, and enhancing the role of local governments in the PPTPKH process to achieve a fairer, more transparent, and sustainable resolution of land tenure issues.
Copyright (c) 2025 Dedy Sunarto, Darwis Anatami, Siti Nurkhotijah, Nicha Suwalla, Silvia Handayani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Juridical Analysis of Reclamated Land Rights in Batam City – Case Studies PT. Pasifik Karya Sindo
This study examines the juridical analysis of land rights over reclamation areas in Batam City, with a case study of PT. Pasifik Karya Sindo. The core issue lies in the legal status of reclaimed land, which is not yet comprehensively regulated under Indonesian law, leading to legal uncertainty for both business actors and local authorities. This research employs a normative juridical method with statutory, conceptual, and case study approaches. Data were collected through literature review, analysis of relevant legislation, and examination of legal documents. The findings indicate that reclaimed land essentially remains part of state-controlled coastal areas under the Basic Agrarian Law and sectoral maritime regulations. However, the granting of land rights over reclaimed areas requires clearer legal foundations to avoid conflicts with the principles of legal certainty and justice. The case of PT. Pasifik Karya Sindo illustrates the regulatory disharmony between the authority of the Batam Development Board and the local government, which has resulted in delays in the legalization of reclamation land rights. This study recommends regulatory synchronization between the central government, the Batam Authority, and local government, as well as the formulation of specific regulations on the management of reclamation land to ensure legal certainty and prevent future land disputes.
Copyright (c) 2025 Silvia Handayani, Siti Nurkhotijah, Darwis Anatami, Nicha Suwalla, Dedy Sunarto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
State Accountability for Corporate Climate Offenses : International and Developing Country Legal Perspectives
This study examines state legal responsibility in addressing corporate- driven climate violations in developing countries, focusing on the gap between normative commitments and actual enforcement. The central question is how state liability should be constructed to effectively regulate corporations that contribute significantly to greenhouse gas emissions and environmental degradation. Using a juridical normative and comparative approach, the analysis covers Indonesia, Brazil, and South Africa to identify similarities, differences, and weaknesses in integrating international principles into domestic legal systems. The findings reveal that while national laws recognize the duty to protect the environment and uphold human rights, enforcement remains fragmented, symbolic, and subordinated to short-term economic interests. This creates a structural accountability gap that facilitates corporate impunity, compounded by power imbalances, inadequate institutional capacity, and the absence of robust extraterritorial enforcement mechanisms. The novelty of this research lies in an integrated framework combining state responsibility, corporate accountability, and climate justice, emphasizing extraterritorial obligations and independent national climate adjudication mechanisms. This model operationalizes climate justice as a binding legal standard, harmonizes domestic laws with international obligations, and improves access to justice for affected communities. The tangible output of this study is a normative–comparative regulatory model and policy recommendations for legislators, environmental law practitioners, and international organizations to reform legal frameworks for corporate climate accountability in developing countries. By bridging the gap between norms and practice, the framework offers both conceptual contributions and practical guidance for legal reform, ultimately promoting sustainable development grounded in ecological protection and intergenerational equity.
Copyright (c) 2025 Rian Rusmana Putra, Ilhamda Fattah Kaloko, Irfan Harmain, Dahlan, Taruna Prakarsa (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Unamendable Provisions in The 1945 Constitution to Limit The Power of Constitutional Amendment in Indonesia
The concept of unamendable provisions in the 1945 Constitution of the Republic of Indonesia is an effort to limit the power of constitutional amendments to ensure they remain constitutional. In Indonesia, amendments to the 1945 Constitution are introduced through a highly stringent process, with certain provisions explicitly prohibited from being altered. These provisions aim to protect the fundamental aspects of the constitution, such as the unitary state form and the republican system of government, as stipulated in Article 37, paragraph 5 of the 1945 Constitution. This article examines whether the concept of unamendable provisions can be applied to other provisions not explicitly mentioned within the amendment limits.This research article employs a doctrinal legal approach using historical and conceptual methods, combined with descriptive analysis. Through this approach, the research explores the historical background of unamendable provisions and how this concept is applied in Indonesian legal practice. The findings indicate that, although not explicitly stated in the 1945 Constitution, certain provisions can be considered unamendable constructively, as they are closely related to the fundamental principles underlying the state and government of Indonesia, including provisions on the limitation of the presidential term of office. Unamendable provisions in the 1945 Constitution play a crucial role in maintaining the stability and continuity of the state and in preventing constitutional changes that could undermine the agreed-upon fundamental principles. This underscores the importance of understanding and interpreting these provisions
Copyright (c) 2025 Ilham Azhari, Dodi Haryono, Dessy Artina (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Comparative Law Concept of Restorative Justice Approach to Drug Abuser
Recent decades, the issue of drug protection has become one of the serious problems faced by many countries. The traditional approach that focuses on punishment often fails to reduce the number of drug referrals, and instead causes various other social problems. Therefore, an alternative approach that is more humane and effective is needed. Restorative justice offers a solution that focuses on recovery and reintegrating perpetrators into society. The type of research used in this study is normative legal research, using a comparative law method which examines the principles of law. In the conclusion, the author uses a deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement.
Copyright (c) 2025 M Sadam Husin, Maria Maya Lestari, Davit Rahmadan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Impact of Foreign Direct Investment Policy on the Economy in Indonesia
Given the large number of investors who are starting to be interested in the State of Indonesia, studies related to foreign investment legal policies need to be carried out. The specific purpose of this paper is to see how the economic impact of foreign investment in Indonesia will be. The method to be carried out is Normative Juridical with a legal approach. There are two types of investment in Indonesia, namely Domestic Investment and Foreign Investment. Foreign Direct Investment has a significant impact on economic growth in Indonesia, because foreign investment can create jobs, and opening new job opportunities in developing countries. FDI is one of the sources of state financial savings in line with the increasing economic increase due to investment from foreign parties who invest. With the existence of PMA, the government establishes policies that have been regulated in Law No. 25 of 2007 Article 4.
Copyright (c) 2025 M Yazhar Rayhan Al Farrasy, Nur Hidayatul Fithri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Implementation of Criminal Sanctions in Falsification of Tax Returns that Harm the State
Crime can occur in various aspects including tax administration which leads to tax crimes. The application of criminal sanctions against falsification of tax notification letters that harm the state must be optimised. This research raises issues related to how the application of criminal law arrangements regarding falsification of tax notification letters that harm the state? how the application of criminal law sanctions against falsification of tax notification letters that harm the state? how criminal law efforts in applying sanctions against falsification of tax notification letters that harm the state? The purpose of this research is to answer the problems that are the issue of this research discussion. The importance of this topic of discussion is to provide education to the public regarding the legal consequences of the crime of forgery of letters that harm the state. This research uses a normative juridical method that priority the study of laws and regulations (library research). This research has findings, namely this research recommends strengthening the legal substance sector through the issuance of tax counterfeiting laws with heavier sanctions accompanied by restitution to the state.
Copyright (c) 2025 Mutiara Fadia Silalahi, Ismail Koto (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role of Standardization of Goods in the Context of Protecting the Interests of Car Spare Part Consumers in Pekanbaru
The purpose of this study is to determine the important role of standardization in various policies and public interests in controlling product quality, especially regarding the standardization of car spare parts products in order to guarantee the interests and provide consumer protection for car users. This type of research is field legal research or sociological research. Data collection techniques in sociological legal research through interviews with related parties, distributing questionnaires, and literature studies. In drawing conclusions, the author uses a deductive thinking method, namely starting from a general proposition whose truth is already known (believed) and ending with a more specific conclusion (new knowledge). The implementation of SNI is basically voluntary, but in matters relating to interests, safety, and security, the ministry or authorized non-ministerial government agency can stipulate the mandatory implementation of SNI through a Ministerial Regulation or Regulation of the Head of a Non-ministerial Government Agency. In this regard, car spare parts are a very important component of a car. However, currently the regulation regarding the standardization of car spare parts, including in Pekanbaru City, has not been regulated by the relevant party, namely the government through the National Standardization Agency (BSN), even though standardization plays a very important role in protecting consumers.
Copyright (c) 2025 Silmia Dahnil, Hayatul Ismi, Zulfikar Jayakusuma (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Judge's Dilemma in Determining Bankruptcy Decisions: Dichotomy Between Supreme Court Circular Letter Number 3 of 2023 and Law 37 of 2004 Concerning Bankruptcy- PKPU
This study aims to examine the dilemma faced by judges in determining bankruptcy decisions, especially in the context of conflict between Supreme Court Circular Letter Number 3 of 2023 and Law 37 of 2004 concerning Bankruptcy-PKPU. The research method used is a normative research method that focuses on analyzing laws and regulations, court decisions, and related legal documents. This approach allows researchers to understand and analyze relevant legal aspects to obtain a comprehensive understanding of the judge's dilemma in determining bankruptcy decisions. In the context of normative research, the researcher conducted an in-depth study of the conflict between Supreme Court Circular Letter Number 3 Year 2023 and Law 37 Year 2004 on Bankruptcy-PKPU. This research explores how judges face the challenge of applying different regulations and their potential impact on their decisions. The analysis is conducted with reference to applicable legal principles, legal interpretations, as well as relevant cases in court practice. The results of this study are expected to contribute to clarifying the framework of thought and legal solutions to the problem of judges' dilemma in the context of bankruptcy in Indonesia. In addition, this research can also serve as a basis for stakeholders, both legal practitioners and policy makers, to consider the necessary steps to minimize legal conflicts and improve consistency and fairness in handling bankruptcy cases.
Copyright (c) 2025 M.O. Saut Hamonangan Turnip, Geofani Milthree Saragih, Evanto Pandora Manalu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Sharia Arisan as an Innovation in Islamic Banking: A Normative Legal Approach
This research aims to find out the basics of sharia arisan as an innovative Islamic banking product that has a foundation in application and is in accordance with the concept of local wisdom. Specifically, what this research wants to know is how the mechanism of sharia arisan is applied in Islamic banking. This research is a literature research that uses a normative legal approach. This research shows that sharia arisan does not contradict customary law, Islamic law, and the philosophy of the nation, even sharia arisan is very relevant to be used as a means of investment in Islamic banking. This is because sharia arisan is based on three foundations: juridical, philosophical, and sociological. Furthermore, technically, sharia arisan can be applied in Islamic banking by using three contracts, namely mudharabah mustarakah, wakalah, and ijarah.
Copyright (c) 2025 Hengki Firmanda, Mahmud Hibatul Wafi, Samariadi, Firdaus, Rahmad Hendra, Mumaddun Khaerudin Salami (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Legal Review of Tiktok Content Containing Photos and Videos of Sexual Harassment in Live Format (Perspective of ITE Law)
A legal review of TikTok's content of live open photos and videos from the perspective of the Electronic Information and Transaction Law (ITE) is one important aspect of efforts to regulate and protect internet users, especially children and adolescents, from harmful content. The ITE Law provides a relevant legal basis for responding to online safety violations, including the dissemination of sexualised content. The problems in the research are first, how is content containing sexual harassment in live format on TikTok created and disseminated? Second, how does TikTok content containing photos or videos of sexual harassment in live format affect users, especially teenagers in their psychology and behaviour? Third, how is the application of the law to Tiktok content containing sexual harassment? The purpose of this research is to answer the problems of this research. This research method is normative juridical research which focuses on secondary data in the form of primary, secondary, and tertiary data. The results of this discussion, among others, focus on content containing sexual harassment in live format on TikTok made and distributed can be charged with the ITE Law as Lex Specialist in conjunction with the Pornography Law, and the Criminal Code as the lex generalist. TikTok content containing photos or videos of sexual harassment in live format against users, especially teenagers in psychology and behaviour.
Copyright (c) 2025 Taufik Hidayat, Nur Hilmiyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Transformation of Contract Law in the Era of Digital Contracts in Indonesia
This study examines the transformation of contract law in Indonesia in response to the increasing prevalence of digital agreements and automated contracts, particularly smart contracts. The central issue addressed is the adaptability of conventional legal paradigms to digital interactions, wherein agreements are frequently formed and executed through code without direct human negotiation. Employing a normative-qualitative method and a comparative conceptual approach, the research identifies key challenges and legal gaps in the recognition, validity, and enforcement of digital contracts. The findings indicate that, although digital contracts have gained some legal recognition, existing doctrines remain anchored in traditional principles, which are inadequate for regulating autonomous contract execution and digital evidentiary mechanisms. The study's contribution lies in proposing a paradigm shift: contract law must evolve beyond merely accepting digital formats to reinterpreting core principles—such as consent, freedom of contract, and legal certainty—within algorithmic frameworks. This necessitates a reorientation of legal thought, recognizing technology not only as a medium but as an influential actor in legal relationships. The study offers a critical theoretical and regulatory framework to support the development of responsive and equitable contract law in the digital age.
Copyright (c) 2025 Aulia Fikrina, Meissy Putri Deswari, Yossiramah Sucia, Amanda Silvia Putri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0