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A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia Nasrul, Muhammad Amrullah Drs; Shah, Nurin Athirah Mohd Alam; Salim, Wan Noraini Mohd; Seviyana, Devi
Khazanah Hukum Vol 6, No 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.31239

Mediation is one of the Alternative Dispute Resolution (ADR) that emphasises a mutually agreeable resolution and incorporates a win-win situation between parties. Mediation is not a rare concept in Indonesia and Malaysia. People in Indonesia and Malaysia have long used mediation in their daily lives as mediation has been proven to be effective since long ago. Due to its extensive use in Indonesia and Malaysia, a comprehensive study was carried out by the researcher to identify the comparison of mediation in Indonesia and Malaysia. In this paper, the researcher will review the practice of mediation in Indonesia and Malaysia via a comparison analysis where the researcher employs a qualitative approach via library-based research. Many reference sources and reading materials have been used by researchers to see similarities and differences between these two countries. The result of this study affirms that mediation practices in Indonesia and Malaysia are quite similar, despite being governed under a different law and regulations. In addition to having many similarities, one of the things that attracted the researcher's attention is that both countries have their challenges in carrying out mediation. Therefore, this aspect of the challenge also needs to be touched upon so that mediation can be conducted in both countries smoothly. It is also hoped that with this study, in the future, this study can also be used as a guide or manual in discussing mediation for both countries.

Comparative Analysis of Malaysian and Indonesian Retirement Plan Shah, Nurin Athirah Mohd Alam; Nasrul, Muhammad Amrullah; Rahman, Siti Fatimah Binti Abd.; Seviyana, Devi
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.69847

In Malaysia, the Employee Provident Fund (EPF) was established Under the Employees Provident Fund Act 1991 as a social security organisation that offers members trustworthy and efficient savings management and it is open to both personnel. In contrast, the Private Pension Administrator (PPA) developed the Private Retirement Scheme (PRS), a retirement programme, to address retirees' insufficient resources for meeting their retirement expenses in light of rising living standards and longer life expectancies. Having to see the similar aspects between EPF and PRS in terms of creating savings and their importance towards securing a certain degree of comfort for retirees, the purpose of this study is to provide a thorough explanation of how these two retirement plans can benefit all Malaysian private employees. Similar to Malaysia, all private sector workers in Indonesia are also required to participate in retirement plan. Thus, the purpose of this study is to evaluate the similarities and differences between Malaysia's and Indonesia's retirement plan. This research employs a qualitative approach, by conducting library-based research on the relevant materials including, but not limited to statutory provisions, case laws, law textbooks, journal articles, newspapers, conference proceedings, and seminar papers. At the end of the discussion, the findings show that both countries have their own retirement plans and have the same goal which is to provide facilities to all private-sector workers.

A Comprehensive Comparative Analysis of Mediation Practices in Indonesia and Malaysia Nasrul, Muhammad Amrullah Drs; Shah, Nurin Athirah Mohd Alam; Salim, Wan Noraini Mohd; Seviyana, Devi
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.31239

Mediation is one of the Alternative Dispute Resolution (ADR) that emphasises a mutually agreeable resolution and incorporates a win-win situation between parties. Mediation is not a rare concept in Indonesia and Malaysia. People in Indonesia and Malaysia have long used mediation in their daily lives as mediation has been proven to be effective since long ago. Due to its extensive use in Indonesia and Malaysia, a comprehensive study was carried out by the researcher to identify the comparison of mediation in Indonesia and Malaysia. In this paper, the researcher will review the practice of mediation in Indonesia and Malaysia via a comparison analysis where the researcher employs a qualitative approach via library-based research. Many reference sources and reading materials have been used by researchers to see similarities and differences between these two countries. The result of this study affirms that mediation practices in Indonesia and Malaysia are quite similar, despite being governed under a different law and regulations. In addition to having many similarities, one of the things that attracted the researcher's attention is that both countries have their challenges in carrying out mediation. Therefore, this aspect of the challenge also needs to be touched upon so that mediation can be conducted in both countries smoothly. It is also hoped that with this study, in the future, this study can also be used as a guide or manual in discussing mediation for both countries.

Powers and Limits of the State During the COVID-19 Pandemic: A Critical Appraisal Satriawan, Iwan; Seviyana, Devi
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

The research aims to analyse the powers and limits of the State and whether Indonesia has properly adopted the concept of powers and limits during the state of emergency concerning the COVID-19 pandemic. The article adopted the normative legal research method, using the statute and case approaches for data analysis. The results show that a State may apply some types of power during an emergency. However, in using its powers, the government must consider the limits during a state of emergency. Indonesia has not properly adopted a balance of powers and limits during the state of emergency concerning the COVID-19 pandemic. While the government may take actions to respond to the pandemic, it cannot exceed the limitations on powers in accordance with the state of emergency principles. The State has tended to exceed the limits during the pandemic. In doing so, the State violated some state of emergency principles during the COVID-19 pandemic, such as temporariness, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony and supervision. The research recommends that in the future, the government and the House of Representatives (DPR) should obey the state of emergency principles, particularly in terms of State power limits to respect constitutional principles and the rule of law. In addition, individuals, groups of people or organisations may request judicial review of laws or regulations during a pandemic that violate the state of emergency principles to protect the fundamental rights of citizens.

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