This research aims to analyze the urgency and legal regulation of the obligation to restore the original condition as a consequence of a contract that is null and void by law in Indonesia. The method This normative legal research uses a statutory approach, a conceptual approach and a case approach with primary legal materials (Civil Code, court decisions), secondary (textbooks, journals) and is analyzed descriptively qualitatively. The novelty of this research lies in the reconstruction of the legal consequences of a voidable contract through the reinforcement of the obligation of restitutio in integrum as an integral part of a judge’s ruling. The research findings indicates that Article 1265 of the Civil Code only regulates the restoration of the original state for contracts with the condition of being void, not contracts that are void by operation of law. This lack of regulation results in inconsistent court decisions in determining the restitution mechanism and has the potential to create legal uncertainty for the parties and harm the interests of third parties. The conclusion of this study is the urgency of the obligation to restore the original state is a logical consequence of the principle of retitutio in integrum which requires the formation of new norms in the Civil Code in order to realize legal certainty through court decisions. This study offers a normative and jurisprudential basis for the reformulation of Article 1265 of the Civil Code to include void agreements.
This study aims to analyze the alignment of Indonesia’s regulations on electronic contracts with the UNCITRAL Model Law on Electronic Commerce in order to promote reforms to contract law that are more adaptable to digital developments. The digital transformation has made electronic contracts the primary means of conducting cross-border civil transactions. However, Indonesia’s regulations under the ITE Law are considered to be limited to business transactions and do not yet accommodate other civil relationships. The method used is normative legal research employing legislative, conceptual, and comparative approaches. This study analyzes the UNCITRAL Model Law on Electronic Commerce as an international legal instrument serving as a guideline for harmonization. In addition, this study also examines the ITE Law and its implementing regulations as sectoral regulations, as well as the Indonesian Civil Code as the general legal framework that should ideally serve as the overarching regulatory framework for electronic contracts. The novelty of this study lies in its analysis of the relationship between the principle of freedom of contract in the Indonesian Civil Code and UNCITRAL’s international standards, a topic rarely discussed in the national literature. The results of the study indicate that the UNCITRAL Model Law provides a flexible and universal framework consistent with the principle of freedom of contract; however, its application in Indonesia remains limited by the ITE Law’s focus solely on electronic transactions. The conclusion of this study is that harmonization of Indonesian contract law with international principles is necessary so that the regulation of electronic contracts can apply across sectors, not limited to business, and meet the dynamics of legal globalization.
The aim of this study is to describe the economic potential of Sargassum in supporting the maritime economy of coastal communities in Bima Regency and to conceptualize strategic legal policies for the sustainable management of Sargassum to enhance the economic competitiveness of coastal villages in Bima. The method used is an empirical legal study employing a mixed-methods approach, combining qualitative and quantitative methods. The study was conducted in the coastal village of Teluk Waworada, Bima Regency, using purposive sampling of relevant stakeholders. Data were collected through observation, interviews, questionnaires, and documentation. Analysis was conducted qualitatively through data reduction, presentation, and drawing of conclusions. The novelty of this study lies in the formulation of a legal governance policy model for Sargassum that has not been previously researched, integrating environmental protection, the empowerment of coastal communities, and the enhancement of maritime economic competitiveness in Bima Regency. The results of the study indicate that Sargassum makes a tangible contribution to the income and economic resilience of coastal households; however, its utilization remains traditional, lacking downstream processing and legal certainty. The conclusion is that comprehensive local regulations are needed to ensure sustainability, added value, and the competitiveness of the Sargassum-based maritime economy.
The study aims to analyze criminal liability for perpetrators who disseminate intimate content without consent (revenge porn) and to assess the effectiveness of legal protections for victims based on the framework of the Electronic Information and Transactions Law (ITE Law) and Indonesian criminal law. The method employed is normative legal research using a legislative and conceptual approach, supplemented by an examination of relevant law enforcement practices to assess the application of norms and principles of criminal liability. The novelty of this study lies in its critique of the inability of Indonesia’s cybercriminal law regime to classify revenge porn as a consent-based crime. To date, the provisions in the ITE Law have placed greater emphasis on aspects of public decency, and thus have not been fully capable of addressing the harms arising from violations of the victim’s privacy. This study proposes a new normative framework that establishes a violation of consent as the basis for criminal liability, thereby ensuring that the concept of revenge porn is understood not only as a violation of public decency but also as a violation of an individual’s right to privacy and dignity. The findings indicate that although the ITE Law has established a legal basis for criminalizing the dissemination of intimate content without consent, its implementation still faces normative and technical obstacles, such as ambiguous legal provisions, overlapping regulations with the Pornography Law and the Criminal Code, weak digital evidence mechanisms, and insufficient protection for victims who continue to suffer psychological and social harm. The conclusions of this study underscore the need for more specific regulatory updates regarding electronic-based sexual crimes, clarification of legal boundaries within the ITE Law, strengthening of the “right to be forgotten” mechanism, and capacity building for law enforcement officials so that legal protection for victims of revenge porn can be realized more effectively, fairly, and with a focus on the victims’ recovery.
This study aims to analyze the implementation of the Local Government Information System (SIPD) in local financial management in Raja Ampat Regency. The method used is an empirical-juridical approach, analyzing the relationship between the legal norms governing the SIPD and the reality of its implementation in the field. The novelty of this study compared to previous research lies in the analysis of the implementation of the Local Government Information System (SIPD) in the Raja Ampat archipelago using the Principles of Good Governance (AUPB) as an evaluation framework within the study of administrative law. The findings indicate that although the Raja Ampat Regency Government has fulfilled its normative obligations in implementing the SIPD across the entire cycle of regional financial planning and management, the effectiveness of its implementation remains hindered by limited internet connectivity, national server disruptions, low human resource capacity, and resistance to digital transformation factors that collectively result in a significant deviation between “law in the books” and “law in action.” The AUPB analysis reveals that the principles of legal certainty, accuracy, efficiency, effectiveness, transparency, and justice have not been optimally fulfilled. The conclusion of this study emphasizes the need for policies that are more adaptive to the geographical characteristics and institutional capacities of island regions, including the strengthening of digital infrastructure and the continuous improvement of civil servants’ technical competencies.
