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All Journal Journal of Governance and Law Reform Journal of Law Perspectives Review
Ainun Nabilah
Universitas Pembangunan Nasional Veteran

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THE USE OF FOREIGN LANGUAGES ​​IN EMPLOYMENT AGREEMENTS WITH FOREIGN WORKERS: A LEGAL ANALYSIS BASED ON SUPREME COURT DECISION NUMBER 51 K/PDT.SUS-PHI/2025 FROM THE PERSPECTIVE OF INTERNATIONAL CONTRACT LAW Ainun Nabilah; Rouli Anita Valentina
Journal of Governance and Law Reform Vol. 1 No. 1 (2026): January
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jglr.v1i1.66

Abstract

This study examines the use of foreign languages in employment agreements involving foreign workers in Indonesia based on Supreme Court Decision No. 51 K/Pdt.Sus-PHI/2025 and analyzes its application from the perspective of international contract law through a normative juridical method. By reviewing Article 31 of Law No. 24 of 2009, which mandates the use of the Indonesian language in contracts involving national parties, the research finds that foreign-language contracts remain permissible as long as they do not compromise mutual understanding or the equality of the parties. The Supreme Court decision affirms that a contract drafted in a foreign language is not automatically null and void but must comply with principles of legal certainty, worker protection, and national mandatory rules. A bilingual contract emerges as an ideal mechanism to balance the practical needs of international employment relations with national legal obligations. This study concludes that harmonizing domestic regulations with international contracting practices is essential to ensuring legal certainty and fairness in employment relationships involving foreign workers in the era of globalization.
The Role and Legal Strength of Mediation in Providing Legal Certainty for Song Creators Ainun Nabilah; Andriyanto Adhi Nugroho; Atik Winanti
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.84

Abstract

This study aims to analyze the legal status and effectiveness of mediation in ensuring legal certainty for songwriters in copyright dispute resolution within Indonesia's digital music industry. The research employs a normative juridical method with statutory and conceptual approaches, focusing on relevant regulations and legal doctrines. The findings indicate that mediation is legally recognized as an alternative dispute resolution mechanism and possesses binding force based on the principle of pacta sunt servanda. However, its effectiveness in ensuring legal certainty is conditional. Mediation agreements formalized as court-approved settlement deeds (peace acts) provide stronger legal certainty due to their executorial force, whereas informal agreements lack enforceability. From the perspective of Gustav Radbruch's theory of legal certainty, mediation fulfills the normative aspect but remains limited in terms of predictability and enforceability. Furthermore, the study reveals that disparities in bargaining power between songwriters and industry actors often result in less equitable agreements, raising concerns from the standpoint of proportionality. Despite its advantages in efficiency, flexibility, and relationship preservation, mediation has not fully guaranteed substantive justice and legal protection. Therefore, strengthening the legal framework and institutional implementation of mediation is necessary to ensure balanced, reliable, and effective protection of songwriters' economic and moral rights in copyright disputes.
Co-Authors Andriyanto Adhi Nugroho Atik Winanti Rouli Anita Valentina