Indonesian Journal of Advocacy and Legal Services

Blocked by Neoliberalism: A Glance at the Workers Movement’s Role in Achieving a Just Transition

Syahwal Syahwal — 2024-04-19

An effort to protect workers throughout an economic transition to a sustainable economy gave rise to the concept of a just transition. This is because the transition will have an effect on the employment in which workers are engaged. Based on this concept, this study examines Indonesia’s worker response to a just transition. Non-doctrinal research was used to conduct the study. This study shows that the question of a just transition is not now at the forefront of the workers movement in Indonesia. Neoliberalization of Indonesian labour law, nollen vollens, encourages the workers movement to continue concentrating on economic concerns, particularly those involving the fundamental rights of workers. Under these circumstances, Indonesia runs the risk of failing to accomplish a just transition, which would put workers in a ‘dark world’ while the economy moves towards a green economy.

Exploring Student Perspectives on Restorative Justice: A Case Study at the Public High School of Kefamenanu

Isakh Benyamin Manubulu — 2024-04-19

The exploration of Restorative Justice (RJ) in Indonesia's border areas, particularly within the context of North Central Timor High School, reveals intriguing insights into its implementation and reception among students. This study, employing an empirical legal research approach focused on statutory analysis, factual examination, and thoughtful analysis, sheds light on the evolving landscape of Indonesia's criminal justice system. Notably, the research highlights that while PERMENDIKBUD 46/23 initially adopts a distributive punishment framework, there exists a growing inclination towards adopting RJ principles. A significant proportion of students, constituting 55.50%, express strong support for the incorporation of RJ within the school environment. Moreover, a majority (51%) acknowledge the presence of RJ initiatives within their schools, emphasizing the gradual acceptance of this alternative approach. Furthermore, the findings underscore the importance of transparency in RJ practices, with 40% of students recognizing its significance. Additionally, a notable percentage (35.5%) of students endorse the application of RJ in addressing issues of sexual violence, signaling a potential avenue for addressing such sensitive matters within the school community. Crucially, a substantial proportion (43.33%) of students advocate for the active involvement of schools in facilitating the resolution of sexual violence cases through RJ processes. This underscores the pivotal role educational institutions can play in fostering a culture of accountability and restoration. Overall, the student perspectives elucidated in this research offer valuable insights into the feasibility and efficacy of RJ in addressing not only disciplinary matters but also complex issues like sexual violence within educational settings. As Indonesia continues to explore innovative approaches to justice, the embrace of RJ principles signifies a promising step towards fostering a more inclusive and restorative justice system.

Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution

Umar Mubdi — 2024-04-19

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research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.

Making Indonesia Sustainable: Shaping the Law to Reduce Digital Carbon Footprint

Dina Silvia Puteri — 2024-04-23

Indonesia needs to reduce the carbon footprint from the The Paris Agreement result, a legally binding international treaty on climate change, which entered into force on 4 November 2016. One of the outputs from the Paris Agreement is that the country needs to submit their national climate action plans, known as nationally determined contributions (NDCs). To achieve a sustainable future, Indonesia has Enhanced National Determined Contribution (ENDC) and committed to reducing its carbon emissions by 41 percent by 2030. This commitment is included in the Indonesia Emas 2045 (Golden Indonesia 2045) Program. However, the goals are still focusing on the physical carbon footprint. In the Indonesian Net Zero Emission Goals which needs to be achieved in 2060 the five steps mentioned are increasing the utilization of new renewable energy, reduction of fossil energy, the use of electric vehicles in the transportation sector, increasing electricity use in households and industry, and finally the utilization of Carbon Capture and Storage (CCS). Indonesia also needs to focus on reducing the digital carbon footprint as it currently increases with the usage of digital technologies.

The research questions discussed in this paper are how Indonesia currently regulates digital carbon footprint in Indonesia, and what can Indonesia do to reduce digital carbon footprint. This research aims to analyze the current condition and current regulation on digital carbon footprint in Indonesia, and how Indonesian government can learn from other countries to reduce the digital carbon footprint in Indonesia. Methodologies used in this research are normative approach and comparative approach. The output of this research is a regulation to reduce digital carbon footprint in Indonesia, and to regulate the business actors to create ESG reports on a company's sustainability.

The Indonesian Government’s Dilemma in Repatriating Former ISIS Members: Balancing Advocacy, Citizenship Status, and Human Rights

Dina Silvia Puteri — 2024-04-30

Indonesian Government confronts a multifaceted challenge in repatriating former ISIS members, necessitating a delicate equilibrium between advocacy, citizenship status, and human rights principles. International conventions uphold the fundamental right to nationality, articulated in Article 15 of the Universal Declaration of Human Rights, yet over 500 former ISIS members from Indonesia remain stranded in Syria, having illegally departed and destroyed their official documentation. While several countries in Southeast Asia and Europe have undertaken repatriation efforts under rigorous conditions, Indonesia faces a quandary. These individuals do not qualify as People with Social Welfare Problems under domestic law, complicating their reintegration. This classification divergence conflicts with international obligations requiring nations to accept and restore nationality to their citizens, notwithstanding their affiliation with extremist groups not recognized as refugees by the UNHCR. This paper delves into the legal and humanitarian imperatives compelling Indonesia to address this issue. It examines international frameworks and national legislation to argue for the necessity of repatriation, while also exploring the preventive and repressive measures Indonesia employs. Balancing the imperative to safeguard human rights with national security concerns presents a formidable task, demanding a nuanced approach that ensures compliance with international standards while safeguarding domestic stability and security.

Stripped of Rights: The Battle for Justice and Legal Certainty for Stateless Persons in Indonesia

Muhammad Muhammad — 2024-04-19

This research critically examines the justice system and legal certainty pertaining to stateless persons in Indonesia. Stateless individuals in Indonesia frequently encounter systemic discrimination and endure hardships due to inadequate legal protections. The study employs a normative juridical research approach, combining statutory analysis and conceptual exploration to assess the current regulatory framework. The findings underscore significant gaps in existing regulations that fail to adequately safeguard the rights of stateless persons. These individuals often struggle to access basic human rights such as education, healthcare, and employment, highlighting a critical need for legislative reforms. Legal certainty is a pivotal issue, as the ambiguity and inconsistencies within Indonesian laws contribute to the vulnerability of stateless populations. Furthermore, the research identifies discrepancies between national laws and constitutional mandates, which further complicate the legal landscape for stateless persons. This analysis aims to advocate for policy reforms that align with principles of justice and constitutional integrity, proposing measures to enhance legal protections and ensure equitable treatment for stateless individuals in Indonesia. By illuminating these challenges and proposing potential avenues for legal reform, this research seeks to contribute to broader discussions on human rights, migration, and legal justice within the Indonesian context, ultimately advocating for a more inclusive and just society for stateless persons

Indonesia Paradox on Plastic Waste Import in International Policy and Social Movement Perspective

Siti Hafsyah Idris — 2024-04-30

Indonesia, recognized as the second largest marine polluter globally, faces a significant environmental crisis despite stringent international policies and vigorous social movements advocating for sustainability. According to data from INAPLAS and BPS, Indonesia generates 64 million tons of plastic waste annually, with 3.2 million tons ending up in the sea. The waste management system in Indonesia is rudimentary, involving basic stages of collection, transportation, and disposal, with processing occurring only at the final destination. Amidst this waste crisis, Indonesia continues to import plastic waste from countries such as the United States, Germany, Australia, and Hong Kong, exacerbating the environmental and health hazards. This paper explores the paradox of plastic waste import in Indonesia, focusing on how international policies, including the Basel Convention and its recent amendments, intersect with local regulations and their enforcement. It also examines the role of social movements in combating plastic waste imports and advocating for environmental sustainability. The central problem addressed is the regulatory and social polemic surrounding waste importation in Indonesia, considering the social, political, and legal dimensions. Employing a conceptual and statute approach, the paper provides a comprehensive analysis of the waste import regulation issues linked to social problems within Indonesian society. It argues that the complexity of international trade, economic incentives, and insufficient regulation enforcement contribute to the paradoxical situation where policies and advocacy efforts seem misaligned with outcomes. The findings offer social and juridical recommendations for the Indonesian government and society to address the waste import dilemma effectively. By aligning policies with environmental goals and leveraging social movements, Indonesia can drive significant change towards sustainable waste management practices.