Paradigma Baru dalam Pembaharuan Kitab Undang-Undang Hukum Perdata: Upaya Adaptasi terhadap Dinamika Hukum di Era Digital dan Globalisasi

Abstract

The Indonesian Civil Code (KUHPerdata), a legacy of colonial law, has been in
effect for over a century and is increasingly unable to address the normative challenges
posed by the digital era and globalization. These include the lack of regulation concerning
electronic transactions, personal data protection, digital assets, and cross-border
dispute resolution. This study aims to assess the current capability of KUHPerdata to
meet modern legal demands and to propose a renewal approach based on relevant legal
principles and theories of legal formation. Using a normative juridical method with a
statute approach, this research analyzes primary, secondary, and tertiary legal materials
through descriptive analysis. The findings reveal significant normative limitations of
KUHPerdata in responding to socio-economic and technological transformations. Legal
reform is therefore urgently required, based on the principles of justice, legal certainty,
freedom of contract, and consumer protection, and grounded in legal theories such as
natural law, legal positivism, progressive law, and living law. The renewal must aim
to create a responsive and globally integrative civil law system that can accommodate
technological advancements and international legal standards. In conclusion, reforming
KUHPerdata is not only a legal necessity but also a strategic effort to enhance Indonesia’s
legal competitiveness in the global legal landscape.