Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum

Business Actors Liability For Defective Products In The Perspective Of Law Number 8 Of 1999 Concerning Consumer Protection

2025-12-17T12:03:10+00:00

This research originates from the issue of increasing consumer losses caused by detective, damaged, or misleading products that do not correspond to the information promised by business actors. The purpose of this study is to analyze and identify the forms of business actors’ responsibility for detective products as reviewed under Law Number 8 of 1999 concerning Consumer Protection, as well as the regulation of cinsumers rights to obtain compensation under the same law. The research method used is normative juridical with a statutory approach and literature study of primary and secondary legal sources. The results show that business actors have strict liability for losses suffered by consumer do to defective products. The forms of compensation may includerefunds, products replacements, medical care, or financial assistance, which must be provided within seven (7) days after the transaction. Consumers rights to obtain compensation are regulated in Articles 4, 19, and 23 of Law Number 8 of 1999 concerning Consumer Protection. In the event of a dispute, resolution can be carried out trhough non-litigation (Consumer Dispute Settlement Agency) or litigation (court)

Civil Legal Consequences of Asset Use Crypto as a Pawn Guarantee

2025-12-17T07:27:50+00:00

As specified in the Civil Code's Article 503, crypto assets as intangible commodities can be categorized as intangible objects. In addition, since crypto assets have economic value and can be traded, they can be used as collateral. Documents known as "proof of storing crypto assets" are provided by the depository management as evidence of ownership of cryptocurrency assets. The purpose of this research is to examine the characteristics of cryptocurrency assets as collateral and the legal ramifications of lien asset loss. Furthermore, what legal ramifications arise from employing cryptocurrency assets as security for a lien. This study approach combines secondary data from literature reviews with a kind of normative legal research. Furthermore, to analyse the data, qualitative analysis is employed. The findings indicated that the crypto asset feature can be used as collateral for a lien because the feature meets the lien requirements that protect the interests of creditors. One of these is inbezitstelling, which means that the mortgaged object is owned by the creditor.

The Lack of Authority in Determining State Losses: A Legal Anomaly in Corruption Cases

2025-12-17T07:26:06+00:00

This study analyzes the legal problems of determining state losses in corruption cases in Indonesia, especially regarding the unclear institution that is legally authorized to determine it. This study was conducted using normative research with a statute approach. The results of the study indicate that there is no explicit norm that establishes the Audit Board of Indonesia (BPK) as the sole institution authorized to determine state losses in criminal cases. This opens up space for investigators and prosecutors to use internal estimates or audits from non-constitutional institutions, which raises the potential for excessive criminalization, inter-institutional conflict, and legal uncertainty. This study recommends harmonization of legislation that integrates BPK investigative audits as the main evidence in corruption criminal proceedings and encourages the reconstruction of inter-institutional procedures to ensure the principle of due process and legal justice.

Legal Analysis of the Validity and Enforcement of Fiduciary Guarantees in Default Disputes Based on Decision Number 243/Pdt.G/2017/PN Smn.

2025-12-17T10:31:27+00:00

Abstract

This study aims to analyze the validity and execution of fiduciary security with market stall lease rights as collateral in default disputes, based on Decision Number 243/Pdt.G/2017/PN Smn. The background of this research lies in banking practices that frequently use stall lease rights as collateral, despite the fact that, normatively, lease rights are not classified as property rights under the Indonesian secured transactions law. The research method applied is normative legal research with a literature study approach, involving statutory regulations, legal doctrines, jurisprudence, and case analysis.

The findings show that, under Indonesian civil law, stall lease rights are not explicitly recognized as fiduciary objects in Law Number 42 of 1999 concerning Fiduciary Security. Nevertheless, in practice, lease rights possess significant economic value and may serve as collateral, provided that the agreement fulfills the validity requirements under Article 1320 of the Civil Code and has obtained permission from the market management authority as the asset owner. The Sleman District Court Decision Number 243/Pdt.G/2017/PN Smn emphasized that although the collateral object is not a classical property right, the court still protected the creditor’s position based on the principle of pacta sunt servanda.

The execution of fiduciary security over market stall lease rights must comply with the provisions of the Fiduciary Security Law, particularly after the Constitutional Court Decision Number 18/PUU-XVII/2019, which requires consensus on default or voluntary surrender by the debtor, or otherwise through a court order. The conclusion of this research is that the use of stall lease rights as fiduciary collateral remains possible, but it must adhere to civil law requirements, administrative regulations, and prudential principles to avoid legal disputes.

Keywords: fiduciary security, stall lease rights, default, execution, legal certainty

The Validity and Legal Force of the Preliminary Sale and Purchase Agreement in the Event of Developer’s Default

2025-12-08T06:49:33+00:00

The Preliminary Sale and Purchase Agreement (in Indonesia known as PPJB) serves as a preliminary contract between developers and consumers prior to the execution of the Deed of Sale and Purchase before a Land Deed Official. The PPJB provides legal certainty for both parties in property transactions during the construction phase. However, in practice, various legal issues arise when developers default, such as delays in property handover, discrepancies in building specifications, or unfinished projects. These situations cause losses to consumers and raise questions regarding the validity and binding legal force of PPJB when developers fail to fulfill their contractual obligations. This study employs a normative legal research method using both statutory and conceptual approaches. The primary legal materials include the Indonesian Civil Code, Law No. 8 of 1999 on Consumer Protection, and relevant regulations in the housing and property sector. The analysis was conducted qualitatively through examination of legal doctrines, principles of contract law, and the application of breach of contract (wanprestasi) within the legal relationship between developers and consumers. The results show that the PPJB remains legally valid as long as it fulfills the requirements for a valid contract under Article 1320 of the Civil Code and is based on the principles of freedom of contract and good faith. However, if the developer commits a default, the PPJB serves as a legal basis for consumers to demand performance, contract termination, or compensation pursuant to Articles 1266 and 1267 of the Civil Code. Therefore, the PPJB retains its binding legal force, but its implementation must be grounded in the principles of justice, legal certainty, and consumer protection in property sale and purchase transactions.

Non-Punitive Policy in Addressing Violence and Sexual Harassment Among Middle School Students in Sleman Regency

2025-12-14T13:30:16+00:00

This study aims to analyze non-penal policies implemented in addressing violence and sexual abuse among junior high school students in Sleman Regency. Violence and sexual abuse in educational settings, particularly at the junior high school level, are pressing issues that affect students' physical and psychological well-being. Non-penal policies, which focus on prevention, victim recovery, and education for students and educators, are expected to be a more humane alternative to legal approaches that tend to be reactive. This study uses a qualitative approach with a literature study method, which examines relevant policies, as well as reports and official documents available in Sleman Regency. The findings show that effective non-penal policies involve various elements, such as counseling for students and educators, establishing a safe reporting mechanism for victims, and implementing educational programs on sexual violence. In addition, the success of these policies also depends on the commitment of schools and the support of parents and the community. This study recommends that non-penal policies be expanded and implemented more comprehensively in all schools in Sleman Regency to create a safe educational environment that supports the recovery of victims of sexual violence and abuse.

Reconstructing Land Administration Law to Prevent Administrative Reclamation in the Control of Marine Spaces in Indonesia: An Ecological Justice Perspective

2026-02-02T08:02:44+00:00

This study examines the phenomenon of administrative reclamation, a legal-administrative practice in which marine spaces are transformed into legally recognized land through formal certification procedures without physical reclamation. Despite the clear distinction between land and sea in Indonesia’s agrarian and maritime legal regimes, such practices continue to occur due to regulatory fragmentation, weak institutional coordination, and administrative formalism. Using a normative juridical approach grounded in statutory, conceptual, and analytical methods, this research critically analyzes the legality of land certification over marine areas and its implications for ecological justice and coastal communities’ rights. The study argues that administrative reclamation constitutes a deviation from the principle of legality and undermines the public nature of marine space. It proposes a reconstruction of land administration law through the integration of marine spatial planning, strengthened field verification, and an ecological justice–oriented governance framework to prevent future abuses and ensure sustainable control of marine spaces.

Legal Protection for Victims of Human Trafficking in Indonesia

2026-02-03T15:07:38+00:00

This study discusses legal protection for victims of human trafficking in Indonesia. There is a new mode of online human trafficking through social media that ensnares Indonesian workers in the form of fictitious job offers that lead to forced labor exploitation in the realm of online fraud or online scamming. This study uses a normative legal research method with a legislative approach and conceptual approach. The results of the study show that human trafficking crimes in involving Indonesian workers as victims have fulfilled the elements of a criminal offense under Article 2 of Law No. 21 of 2007 concerning the Eradication of Trafficking Crimes and violate the Palermo Protocol as well as the principles of the International Labor Organization (ILO) in ILO Convention No. 29 concerning forced labor and Convention No. 105 concerning the Abolition of Forced Labor. Regarding law enforcement and protection, there are obstacles in the form of weak law enforcement capacity, overlapping regulations, lack of budget, and minimal coordination between agencies.

Keywords: Legal Protection; Victims; Human Trafficking