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 — Fri, 19 Apr 2024 00:00:00 +0700

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

Fri, 19 Apr 2024 00:00:00 +0700

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, Martina Trikusrahayu — Fri, 19 Apr 2024 00:00:00 +0700

This

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 — Tue, 23 Apr 2024 00:00:00 +0700

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.