Mohamad Tohari
Universitas Darul Ulum Islamic Centre Sudirman Guppi, Indonesia

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The Influence of Global Economic Integration on Indonesia's Compliance with International Trade Law in Maintaining Trade and Investment Stability Ahmad Rivialdi; Mohamad Tohari; Hono Sejati
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.607

Abstract

This study discusses Indonesia's compliance with international trade law under globalization, economic integration, and domestic regulatory challenges. Compliance with international trade law is crucial for Indonesia to increase global market access, attract foreign investment, and strengthen the competitiveness of national products. Supporting factors for compliance include awareness of economic benefits, trade stability, and involvement in international trade organizations and agreements such as the WTO, ASEAN, and RCEP. On the other hand, there are inhibiting factors that include weak international law enforcement mechanisms and challenges in harmonizing national regulations with global trade standards. Globalization has accelerated Indonesia's integration into the world economy, demanding adjustments to trade policies to comply with international provisions despite challenges such as industrial competition and dynamics of domestic interests. International organizations, especially the WTO, play an essential function in ensuring Indonesia's compliance with trade law through monitoring and dispute resolution mechanisms. The compliance is driven by the basic principles of international trade law, such as non-discrimination, transparency, and fair trade, which require Indonesia to adjust its trade regulations to avoid sanctions and strengthen national economic stability. Thus, this study highlights that compliance with international trade law is not merely a legal obligation but a strategic step in maintaining Indonesia's position in the global economy and ensuring sustainable economic growth amidst the dynamics of international trade.
Reorientation of Law Enforcement Policy in Combating Environmental Pollution by Corporations Dimas Fitriadi; Wieke Dewi Suryandari; Mohamad Tohari
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.608

Abstract

This study discusses environmental law regulations in Indonesia as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) and Law Number 6 of 2023 concerning Job Creation, which regulate administrative, civil, and criminal sanctions for perpetrators of environmental pollution. Although it has strict legal provisions, its implementation and enforcement still face various challenges, such as weak supervision, the dominance of administrative sanctions over criminal sanctions, and difficulties in the process of proving environmental crimes. Compared to regulations in other countries, Indonesia still needs to strengthen the law enforcement mechanism to be more effective in providing a deterrent effect on perpetrators of pollution. This study highlights the role of law enforcement officers, the weakness of inter-agency coordination, and the importance of synergy between the government, law enforcement agencies, non-governmental organizations, and the community in increasing the effectiveness of environmental law enforcement. With a more transparent and accountable approach, it is hoped that environmental law regulations in Indonesia can run more optimally in protecting and managing the environment sustainably.
The Urgency of Legal Harmonization and Increasing Access to Justice to Prevent Discrimination and Violations of the Rights of Indonesian Migrant Workers Muhammad Zarkasih; Mohamad Tohari; Wieke Dewi Suryandari
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.617

Abstract

Migrant workers have fundamental rights to a safe working environment, fair treatment, and protection from exploitation and discrimination, as stipulated in Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and various international legal instruments. However, in practice, violations of migrant workers' rights still often occur, including the lack of occupational safety standards, unilateral wage deductions, late salary payments, and discrimination based on race, gender, and immigration status. Weak supervision and law enforcement in both countries of origin and destination leave migrant workers vulnerable to inadequate working conditions. The employment contract as a binding legal instrument between employers and workers should be the basis for protection for migrant workers, but its implementation is often ineffective due to the imbalance of power between workers and employers. Therefore, this study highlights the importance of strengthening the supervision mechanism for employment contracts, increasing access to legal aid, and cooperating between sending and receiving countries to ensure the effective implementation of migrant worker protection standards. Efforts such as improving the complaint system, education on workers' rights, and increasing bilateral and multilateral cooperation need to be continuously carried out to ensure that migrant workers can work in safe, fair, and dignified conditions.