Yuridika

Elaboration of the Concept of Serious Human Rights Violations in Indonesia: Jus Cogens in the Framework of Corporations Criminal Responsibility

2025-02-03T16:56:25+07:00

The handling of serious human rights violations committed by corporations in Indonesia remains legally and practically uncertain, particularly regarding the recognition of corporations as subjects of international human rights law. This issue has become increasingly urgent, as some corporations with strong financial influence are able to pursue profit at the expense of fundamental human rights, often without facing adequate legal consequences. The lack of a clear and enforceable framework for holding corporations criminally accountable risks enabling impunity and undermining justice for victims. This research aims to address that gap by developing a legal concept of corporate criminal responsibility specifically for gross human rights violations, tailored to the Indonesian context. The study adopts a statutory, conceptual, and case-based approach to explore how corporate liability can be effectively integrated into the national criminal justice system. It also emphasizes the need for harmonization between Law Number 26 of 2000 on Human Rights Courts and Law Number 1 of 2023 on the Criminal Code, in order to ensure legal coherence and uphold jus cogens norms—universal principles of international law that prohibit severe human rights abuses such as genocide, torture, and crimes against humanity. By proposing a structured approach to corporate accountability, this research seeks to strengthen Indonesia’s legal capacity to respond to serious human rights violations and contribute to the broader goal of promoting justice and the rule of law.

Legal Uncertainty in Law Enforcement for Drug Addicts Resulting in Criminal Disparity

2025-03-06T21:47:51+07:00

The application of Articles in law enforcement against drug addicts that should be imposed on dealers, dealers or couriers, but instead imposed on addicts, causes legal uncertainty for addicts because the rights of addicts to be rehabilitated are not obtained. This paper uses normative legal research methods. The research approach used is a statutory approach and a case study approach. The results of this study are legal uncertainty in law enforcement against drug addicts in Indonesia, which is caused by multiple interpretations between Article 127 and Article 112 of Law Number 35 of 2009 concerning Narcotics, which has created disparities in sentencing that ignore the principle of justice. The use of Article 112 which should be intended for drug dealers is often misused to ensnare addicts, who should receive rehabilitation according to Article 127. The need for legal reconstruction that focuses on harmonizing Article 127 and Article 112 of the Narcotics Law to align the two articles, by providing quantitative limitations and clear criteria to distinguish abusers from dealers.

Integrating Artificial Intelligence in Indonesia’s Arbitration: Navigating Legal and Political Challenges

2024-11-25T16:39:14+07:00

As Indonesia explores the integration of artificial intelligence (AI) into its arbitration processes, it faces a complex landscape of challenges and opportunities. This study investigates how AI can enhance efficiency, transparency, and decision-making in arbitration, while also addressing significant legal and political concerns. From a legal perspective, the use of AI in arbitration raises issues of compatibility with existing laws, the need for ethical guidelines, and the protection of data privacy. Politically, the adoption of AI is influenced by the potential for shifting power dynamics, regulatory concerns, and the broader implications for national sovereignty and international relations. Through a detailed analysis of these factors, the study aims to provide insights into how Indonesia can effectively navigate the integration of AI in arbitration, balancing technological advancements with legal and political considerations. By offering recommendations for addressing these challenges, the research seeks to contribute to the development of a robust framework for AI-driven arbitration in Indonesia. This research finds that the legal political landscape influences how AI is regulated, with potential resistance from established legal institutions or political entities concerned about losing control or influence. From a legal perspective, AI systems can minimize biases or inaccuracies and potentially improve the impartiality and fairness of arbitration decisions. Current regulations may not fully address the unique challenges posed by AI, necessitating updates or new legislation to govern AI use in arbitration. It is therefore important to engage with political and legal stakeholders to address concerns and build consensus on the adoption of AI in arbitration.

Civil Liability of E-Commerce Platform Operators in Korea (Focusing on the P2C Relations)

2024-04-22T11:05:51+07:00

This paper introduces and analyzes Korean law regarding the civil liability of e-commerce platform operators or intermediaries. The E-Commerce Act in Korea outlines three basic liabilities and two enhanced liabilities for these intermediaries. The Act requires intermediaries to notify consumers that they are not parties to the sales contract and to provide the seller's identity information, clarifying the party responsible for the contract. It also mandates that intermediaries handle complaints and disputes arising from transactions, acting as moderators between sellers and consumers. The enhanced liabilities address intermediaries who are also sellers or those involved in transactions, aiming to protect consumers by recognizing the intermediary's liability as a seller or on behalf of a seller. Ongoing debates exist about the basis for attributing responsibility and the effectiveness of these two enhanced liabilities. The paper concludes that the three basic liabilities are more crucial than the two enhanced ones, with the duty to handle complaints and disputes being particularly important for consumer protection. Recent developments in self-regulation reflect a constructive market response, aligning with the characteristics of Korean law.

Force Majeure Clause in Umrah Contract: Safeguarding Malaysian Umrah Travellers Post-COVID-19 Pandemic

2024-05-14T13:57:38+07:00

Thousands of Umrah trips were cancelled by the domestic tour operators after the Saudi government restricted travel to the Holy City of Mecca and Medina due to the rapid spread of COVID-19 in March 2020. As a result, how domestic tour operators handle this unique situation varies. Certain tour operators offering Umrah services depended on the force majeure clause in their contract, which released them from fulfilling their obligations under the agreement. However, a small number of businesses did not include force majeure clauses in their Umrah contracts, which allow the Umrah tour operators to excuse themselves from fulfilling their obligations even terminating the Umrah contract without providing the pilgrims with any compensation. Due to unstandardised Umrah contracts prepared by the domestic tour operators, it detrimentally affects the interests of vulnerable pilgrims. Considering this, this study aims to provide a mechanism in safeguarding the interests of Umrah travellers in the event of unforeseen occurrences. As such, the doctrinal study that forms the basis of this article uses a qualitative methodology, with data gathered via library research. The study concludes that in situations where a force majeure incident interferes with the performance of the Umrah contract, the Umrah tour operators have not adhered to any standard procedure. It is urgent for the domestic Umrah tour operators to invoke force majeure clauses in their Umrah contracts.

Evaluating the Legal Basis of a Rule-Based Organisation of ASEAN

2024-05-30T11:40:49+07:00

This article examines whether the structure of the 2008 ASEAN Charter is still well-suited and appropriate with the intergovernmental organisation of ASEAN. ASEAN has developed and turned into a rule-based organisation. The Charter as the legal basis of the Association is regarded as the constitution of ASEAN, and it has the constitutional character as if all ten ASEAN Member States (AMS) were united as one big country. The design and character of the Charter have placed it above the AMS’s constitutions. While ASEAN basically stands firmly to state’ sovereignty and non-interference principles which were and will remain the important ASEAN principles, ASEAN has developed into a people-oriented organisation which accommodates the participations of the ASEAN people into the Association. By analysing the normative ASEAN and international legal instruments that are gathered from the official ASEAN website and other publicly available sources, combined with the conceptual and statute approaches, this article found that ASEAN has become a legalised organisation. ASEAN surely cannot be equated with the European Union (EU), considering that the TFEU provides a hierarchical arrangement and the binding effect upon its member countries. The article argues that the Charter has a supremacy at regional level as a part of the indirect aspects of the community law of ASEAN.