Jurnal Suara Hukum

Comparison of Legal Protection of Labor in Indonesia and Pakistan

M Iram Alfani — 2024-06-21

This article aims to conduct a comparative review of legal protections for workers in Indonesia and Pakistan, focusing on workers' rights and the sanctions imposed on companies that infringe upon these rights. The research serves to provide educational resources on labor protections for students and workers alike. Employing normative legal research methodology, both secondary and primary data were collected, with secondary data primarily sourced from literature reviews. Qualitative data analysis methods were applied to interpret information gathered from personal and official documents, as well as written sources, to derive conclusions. The findings highlight both similarities and differences in the implementation of workers' rights protections between Indonesia and Pakistan. Despite variations in approach, both countries demonstrate a commitment to upholding workers' rights within their respective legal frameworks. This study contributes to a deeper understanding of labor protections in diverse national contexts, offering valuable insights for academic study and practical application in the field of labor law and policy.

Choice of Law Clause in Foreign Investment Contracts for The Development of The Nusantara Capital City

Krisna Angela — 2024-06-21

This research analyses foreign investment within the context of the Nusantara Capital City (Ibu Kota Nusantara, IKN) development projects, focusing specifically on the application of choice of law clauses in resolving disputes arising from foreign investment contracts. Employing both statutory and conceptual approaches, the study explores how the IKN's green forest city concept aligns with national investment policies, making it conducive to foreign investment provided that projects adhere to legislative requirements and procedural guidelines. The findings underscore the critical importance of carefully crafted dispute resolution clauses, particularly those specifying the choice of applicable law, given the inherent complexity of contracts involving multiple parties subject to diverse legal systems. Effective dispute resolution mechanisms are essential for ensuring clarity and consistency in addressing potential legal conflicts that may arise in the course of international investment activities within the IKN development framework.

Comparison of the Legal Regulation of the Rechterlijk Pardon in Indonesia and the Netherlands

Aulia Rizka Estiningtyas — 2024-06-21

The concept of rechterlijk pardon represents a new legal formulation introduced in Indonesia through Law Number 1 of 2023 concerning the Criminal Code, aimed at aligning criminal law with contemporary societal conditions. Beyond traditional deterrence, this concept empowers judges to consider mitigating circumstances and individual offender situations. Several European countries, including the Netherlands, have long regulated rechterlijk pardon, prompting a comparative analysis of its application between the Netherlands and Indonesia. This normative legal research compares the provisions of rechterlijk pardon in the Indonesian Criminal Code (KUHP) with those in Dutch law. The findings reveal both similarities and differences: both systems require judges to justify their decision for granting pardon and offer alternative pardon requirements, yet Indonesia includes specific considerations of justice not detailed in Dutch law. The study underscores the importance of clarifying the criteria for rechterlijk pardon implementation in Indonesia to preempt potential conflicts. Ultimately, the research advocates for a clear and harmonized framework for judicial pardon in Indonesia, ensuring consistency and fairness in its application within the criminal justice system

International Law in the Sudanese War 2023: An Overview of the Conflict and Law Enforcement

Yordan Gunawan — 2024-06-21

In early 2023, Sudan faced significant turmoil primarily driven by a civil war involving prominent military factions. The conflict stemmed from a power struggle and ideological differences between General Abdel Fattah Al Burhan, who assumed leadership of the armed forces and presidency, and his deputy, General Mohamed Hamdan Dagalo, who also heads the Paramilitary Rapid Support Force (RSF). This research aims to analyze the Sudanese conflict's impact on the population and the role of international law in addressing violations during the crisis. The war has exacted a heavy toll on Sudanese civilians, resulting in substantial loss of life and exacerbating humanitarian crises across the country. International law emerges as a crucial avenue for holding accountable those responsible for violations, encompassing both military and civilian populations. Employing sociolegal juridical methods, this study examines existing data pertaining to the Sudanese conflict and scrutinizes how international organizations enforce legal standards within this context. By leveraging international legal frameworks, this research advocates for applying legal sanctions to address violations committed by the Sudanese government and associated military factions. This approach seeks to provide legal recourse and justice for affected civilians while highlighting the imperative of international law in fostering accountability and peace amid ongoing conflict.

China's Belt and Road (BRI) Policy for Trade Interests in Indonesia

Riska Fatmala Dewi Riska — 2024-06-21

In promoting international trade within Indonesia, the government relies on Law Number 7 of 2014 concerning Trade. This legislation serves as a foundational framework for facilitating trade activities and addressing related issues. As part of efforts to bolster infrastructure development amidst financial constraints, Indonesia has turned to initiatives such as the Chinese Silk Road, or Belt and Road Initiative (BRI). This strategic partnership aims to enhance Indonesia's infrastructure capabilities, particularly in light of budgetary limitations that have hindered optimal development. However, the implementation of BRI projects has sparked concerns and varying interpretations, particularly regarding the potential risks of falling into a "debt trap" or succumbing to "debt diplomacy" with China. This research employs a normative juridical approach, utilizing statutory analysis and conceptual frameworks to explore these complexities. A notable case is the Jakarta-Bandung high-speed rail project, slated for operation by August 18, 2023, which exemplifies BRI's application in Indonesia. Addressing legal uncertainties and ensuring robust dispute resolution mechanisms are crucial for mitigating risks associated with BRI policies. It is imperative for Indonesia to proactively safeguard against adverse impacts while harnessing the benefits of international partnerships for sustainable development.