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Indonesia Private Law Review
Scopus
ISSN 2723-259X · faculty of law universitas lampung · 78 articles in the index
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Journal Article
CONFLICT RESOLUTION PATTERNS IN INDIGENOUS COMMUNITIES OF INDONESIA: A COMPREHENSIVE STUDY OF THE CUSTOMARY LAWS OF BADUY, KAJANG, AND ANAK DALAM IN JAMBI
This study examines the conflict resolution practices of Baduy, Kajang, and Suku Anak Dalam (SAD) Jambi communities, all of whom continue to apply customary law to address violations within their territories. Using a combination of normative and empirical methods with snowball data collection, the…
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Journal Article
LEGAL RECOGNITION OF ELECTRONIC NOTARIAL ACTS: A COMPARATIVE STUDY OF INDONESIA AND RWANDA
This study examines the legal recognition of electronic notarial acts in Indonesia and the regulatory inconsistencies among the Notary Law, the Electronic Information and Transactions (ITE) Law, and the Indonesian Civil Code. These inconsistencies prevent notaries from issuing authentic electronic…
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Journal Article
ASSESSING THE EVIDENTIARY POWER: NOTARIZED AUTOPSY REPORTS VERSUS VISUM ET REPERTUM
In cases of murder or suspicious death, an autopsy reports serve as crucial evidence in criminal adjudication. Based on Indonesian criminal procedural law, a Visum et Repertum issued by an authorized forensic doctor is legally recognized as expert evidence for determining the cause, manner, and…
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Journal Article
CROP INSURANCE AS PROTECTION FOR FARMERS: A STUDY OF NORMS AND PRACTICES IN INDONESIA
Indonesia’s agricultural sector remains dominated by traditional rice farming that contributes modestly to GDP, while farmers face rising risks of crop failure due to climate change and other external factors. This condition reveals a gap between the legal objective of farmer protection and…
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Journal Article
THE PARADIGM SHIFT IN CONTRACT INTERPRETATION: A COMPARATIVE ANALYSIS OF INDONESIA, NEW ZEALAND, THE CISG, AND THE UPICC
Contract interpretation remains a contested issue in contract law, particularly under the Indonesian Civil Code, which reflects a civil law tradition that prioritizes textual interpretation. Modern commercial practice, however, demands a more contextual approach. This article examines how Indonesia…
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Journal Article
TRADEMARK PROTECTION AND SUSTAINABLE DEVELOPMENT: A COMPARATIVE STUDY OF INDONESIA, OMAN, AND THE PHILIPPINES
Trademark protection is a fundamental element of intellectual property law that supports innovation, economic growth, and legal certainty while increasingly contributing to sustainable development through fair business practices, local market strengthening, and sustainable employment. This study…
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Journal Article
PUBLIC INTEREST, STATE CONTROL, AND PROPORTIONAL COMPENSATION: CONSTITUTIONAL TENSIONS IN INDONESIA'S LAND ACQUISITION REGIME
This article examines normative distortions arising from the expanded meaning of public interest in land acquisition policies in Indonesia and their impact on compensation proportionality. Data from the Agrarian Reform Consortium show that infrastructure-related agrarian conflicts rose from 212…
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Journal Article
REGULATING THE PROTECTION OF CRYPTOCURRENCY EXCHANGES TO PREVENT SYSTEMIC RISKS AND CONSUMER RIGHTS VIOLATIONS IN INDONESIA
The rapid growth of cryptocurrency trading in Indonesia presents both opportunities and systemic risks to the national financial system. Cryptocurrency exchanges, as digital asset intermediaries, remain vulnerable to fraud , cyberattacks, market manipulation, and regulatory uncertainty. This study…
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Journal Article
LEGAL RECOGNITION OF METAVERSE PROPERTY RIGHTS AND THE TRANSFER OF VIRTUAL ASSETS IN INDONESIAN PRIVATE LAW
Metaverse has transformed virtual assets into economically valuable objects that challenge conventional concepts of property under Indonesian private law. Although virtual assets such as cryptoassets, non-fungible tokens (NFTs), and metaverse property are widely traded, their legal status remains…
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Journal Article
JUDICIAL PRACTICES IN ENFORCING POST-DIVORCE MAINTENANCE RIGHTS FOR WOMEN AND CHILDREN IN INDONESIA
Although CEDAW, the CRC, Indonesian law, and Supreme Court regulations provide a normative basis for protecting women’s and children’s rights after divorce, implementation in practice remains challenging. This paper examines how Religious Courts ensure the fulfillment of these rights, offering the…
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Journal Article
A CROSS-JURISDICTIONAL COMPARISON OF MSME INSOLVENCY FRAMEWORKS IN INDONESIA AND SINGAPORE
Micro, Small, and Medium Enterprises (MSMEs) are central to Indonesia’s economy but remain highly vulnerable during financial crises, partly due to the absence of a dedicated insolvency regime under Law No. 37 of 2004. This study identifies structural gaps in Indonesia’s bankruptcy framework…
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Journal Article
RECONCILING OWNERSHIP RISK UNDER ISLAMIC ECONOMIC LAW: COMPARATIVE ANALYSIS OF INDONESIAN AND MALAYSIAN CONTRACTS
Ownership risk (daman milkiyyah) is a core doctrine in Islamic contract law, as it determines the lawful transfer of liability and entitlement to profit in financial transactions, and its misallocation may result in products that are formally Sharia compliant but substantively deficient. This study…
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Journal Article
THE SUBJECT ELEMENT IN CONTRACT AND OBLIGATION: A COMPARATIVE ANALYTICAL LEGAL STUDY
This research addresses a key issue concerning the distinction between the contract subject and the obligation subject—whether they are separate concepts, interchangeable, or one replaces the other. The matter is complex, particularly as the Iraqi Civil Code refers to the contract subject…
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Journal Article
SYSTEMIC FAILURES IN PROMOTING LEGAL CULTURE OF INTELLECTUAL PROPERTY RIGHTS AMONG INDONESIA’S CREATIVE ECONOMY ACTORS
The creative economy (CE) is a vital driver of national economic growth, yet awareness of Intellectual Property Rights (IPR) among Creative Economy Actors (CE Actors) remains low, with many failing to protect, register, or own IPR. This weak legal culture poses a major barrier to effective IPR…
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Journal Article
SEMI-PUBLIC RESTRUCTURING TO UPHOLD GOOD FAITH AND GOING CONCERN IN INDONESIAN PUBLIC COMPANY BANKRUPTCY
Indonesia’s insolvency framework is currently suboptimal in accomodating rapid creditor enforcement with preserving viable firms, particularly publicly listed companies where market signaling and minority interests are at stake. This article proposes the adoption of a semi-public restructuring…
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Journal Article
LEGAL PROTECTION FOR NFT INVESTORS IN INDONESIA’S DIGITAL CREATIVE INDUSTRY: A TRANSFORMATIVE AND DEVELOPMENTAL LAW APPROACH
Investment in Non-Fungible Tokens (NFTs) is rapidly emerging in Indonesia, presenting both opportunities and challenges for the digital creative industry. As unique crypto assets, NFTs enable new ways to own and trade digital and physical goods, but current regulations, including the Commodity…
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Journal Article
STRENGTHENING ACCOUNTABILITY IN INDONESIAN NOTARIAL PRACTICE: THE LEGAL GAP ON LIABILITY FOR BACKDATED DEEDS
The issuance of backdated deeds raises serious legal concerns as it can misrepresent facts and violate procedural requirements under Indonesian notarial law. Although a notarial deed’s formal validity relies on its authenticity, backdating undermines this integrity and may result in significant…
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Journal Article
ANALYZING BANKRUPTCY CANCELLATION THROUGH THE PRINCIPLE OF JUSTICE: A CASE STUDY OF INTIDANA COOPERATIVE
Indonesian bankruptcy law, regulated under Act Number 37 of 2004, has yet to fully realize its principles, resulting in legal uncertainty and gaps in implementation. A notable example is the Intidana Cooperative bankruptcy case, where a cassation ruling was later overturned through a Review Court…
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Journal Article
THE ROLE OF THE RIAU PROVINCIAL GOVERNMENT IN ENHANCING REGIONAL ECONOMIC DEVELOPMENT THROUGH POTENTIAL GEOGRAPHICAL INDICATION PRODUCTS
The protection of products with potential geographical indications (GIs) is closely tied to the economic benefits they offer to both communities and governments, particularly at the regional level. Local governments play a key role in this effort, as they possess a deep understanding of their…
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Journal Article
THE URGENCY OF ARTIFICIAL INTELLIGENCE REGULATION FROM A JOINT AUTHORSHIP PERSPECTIVE ON COPYRIGHT INFRINGEMENT
This research, titled Urgency of Artificial Intelligence Regulation from the Perspective of Joint Authorship Against Copyright Infringement, aims to analyze the legal framework governing Artificial Intelligence (AI)-based creations in Indonesia and explore the application of the Joint Authorship…