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The Exception of National Treatment Principle of Gatt in Indonesia Yokhebed Arumdika Probosambodo
Journal of Law and Policy Transformation Vol 3 No 1 (2018)
Publisher : Universitas Internasional Batam

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Abstract

The purpose of this study is to describe clearly and carefully about the exception of National Treatment principle of the GATT/WTO whether it is justifiable or not. It also aims to analyze the obstacles that hinder Indonesia in implementing international agreements, in particular the National Treatment principle of GATT/WTO completely, and to find out the consequences if Indonesia continues to apply the exceptions of the National Treatment principle of GATT/WTO. Based on the result of this research showed that the exceptions of the National Treatment principle that was imposed by Indonesia was violating the rule of GATT/WTO. Furthermore, the uncertain regulation and the confusion are the obstacles that hinder Indonesia in implementing the National Treatment principle of GATT/WTO completely, thus Indonesia should make a clearly decision whether it is a Monism or a Dualism country to determine which law should be more supreme, International Law or National Law?. The consequences impose on a state when violating a GATT/WTO agreement is very influential and harms the state itself, because it would be excommunicated from the international trade.
Refleksi Kritis atas Perkembangan Ilmu Hukum Internasional di Indonesia dari Sudut Pandang Filsafat Ilmu Yokhebed Arumdika Probosambodo
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 4 (2024): Desember : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i4.959

Abstract

Refleksi kritis atas perkembangan ilmu hukum internasional di Indonesia menurut sudut pandang filsafat ilmu menjadi hal yang penting untuk dikaji karena memberikan pemahaman mendalam tentang konsep, ruang lingkup, dan hubungan antara filsafat ilmu dan ilmu hukum internasional. Selain itu, tinjauan kritis terhadap perkembangan ilmu hukum internasional di Indonesia juga akan memunculkan pemahaman yang mendalam tentang keterbatasan, tantangan, serta implikasi filsafat ilmu terhadap praktik ilmu hukum internasional di Indonesia. Kajian ini muncul sebagai respons terhadap kebutuhan akan peninjauan kritis yang mendalam terhadap keterbatasan, tantangan, serta solusi yang dapat diusulkan dalam konteks perkembangan ilmu hukum internasional di Indonesia. Dengan demikian, penelitian ini akan memberikan landasan yang kuat untuk menjalankan refleksi kritis atas perkembangan ilmu hukum internasional di Indonesia dari sudut pandang filsafat ilmu.
The Role of Advocates In Law Enforcement and Providing Legal Aid, Especially In The Religious Courts Anggo Doyoharjo; Yokhebed Arumdika Probosambodo; FX. Hastowo Broto Laksito
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3866

Abstract

This research was conducted with the aim and purpose of examining and seeing the extent of the role of advocates as law enforcers who have a role in providing services and legal assistance to judicial institutions, especially in the Religious Courts. This research uses normative legal type methods, namely research that obtains legal materials by collecting and analysing legal materials related to the problem to be discussed through a statutory approach, namely Law Number 13 of 2003 concerning Advocates. Advocates as law enforcers are recognised through Law Number 13 of 2003 concerning Advocates as a follow-up regulation to the constitution which confirms that Indonesia as a State of Law is obliged to uphold the rule of law. The results showed that the role of advocates as a law enforcement profession in the Religious Courts can provide positive value in providing legal aid considering that the Judiciary, especially the Religious Courts, has absolute competence and relative competence in cases that certainly require the role and assistance of advocates to assist litigants in fighting for their rights in court. In addition, advocates have a very important role in handling certain types of cases, including: marriage, inheritance, wills, grants, waqf, zakat, infaq, sadaqah, and sharia economics.
Immigration Services For Indonesian Migrant Workers During The Covid-19 Pandemic Yokhebed Arumdika Probosambodo; Widiastuti
International Journal Of Community Service Vol. 2 No. 1 (2022): February 2022 (Indonesia - Malaysia - Philippines)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijcs.v2i1.72

Abstract

This study aims to determine the immigration services provided by the Indonesian government for Indonesian Migrant Workers during the COVID-19 pandemic. The method used in this research is normative legal research. Normative legal research is research conducted by reviewing the applicable laws and regulations on a particular legal issue. The COVID-19pandemic has become a separate obstacle for Indonesian Migrant Workers. This is because of the policies and/or restrictions implemented in order to break the chain of COVID-19 which actually makes their fate seem adrift, for example: Indonesian Migrant Workers trapped in receiving countries, Migrant Workers Problematic Indonesia, the travel ban and lockdown policies implemented by several countries in the world, not a few of which are the destination countries for the majority of Indonesian Migrant Workers, such as Saudi Arabia, Taiwan, Hong Kong, and others. In facing this challenge, the Government of Indonesia does not remain silent. The government through the Directorate General of Immigration of the Ministry of Law and Human Rights issues policies in providing protection and services for Indonesian Migrant Workers during the COVID-19 pandemic.
Indonesian Migrant Workers: A Study of International Legal Protections and Their Relevance to SDGs Point 8 Yokhebed Arumdika Probosambodo; Josef Purwadi Setiodjati; Ayu Kumala Sari Hamidi
Journal Customary Law Vol. 2 No. 4 (2025): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i4.4866

Abstract

The phenomenon of Indonesian migrant workers reflects a critical nexus between labor migration, international law, and sustainable development. Indonesia is among the world’s largest labor-sending countries, with millions of its citizens employed abroad, particularly in the Middle East and Asia. Remittances from migrant workers provide substantial economic benefits for the state and households, yet these workers often face systemic vulnerabilities including exploitation, discrimination, and inadequate legal protection. This article examines the extent to which international law and Indonesia’s national legal framework safeguard the rights of migrant workers while contributing to the realization of Sustainable Development Goal (SDG) 8: Decent Work and Economic Growth. International instruments such as the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW) and relevant ILO conventions provide comprehensive standards, but their effectiveness is constrained by limited ratification from key receiving states. At the domestic level, Indonesia has enacted Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI), which represents a shift toward state responsibility and alignment with international human rights norms. Nevertheless, implementation challenges ranging from weak enforcement and bureaucratic overlap to insufficient diplomatic support abroad remain significant. The findings suggest that while Indonesia has made normative progress, practical protection is hindered by governance gaps and lack of cooperation from host countries. Strengthening enforcement, regional collaboration, and worker empowerment are crucial to ensuring that Indonesian migrant workers achieve genuine “decent work” as envisioned by SDG 8.
Indonesian Migrant Workers: A Study of International Legal Protections and Their Relevance to SDGs Poin 8 Yokhebed Arumdika Probosambodo; Josef Purwadi Setiodjati; Ayu Kumala Sari Hamidi
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 3 (2025): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i3.2409

Abstract

The phenomenon of Indonesian migrant workers reflects a critical nexus between labor migration, international law, and sustainable development. Indonesia is among the world’s largest labor-sending countries, with millions of its citizens employed abroad, particularly in the Middle East and Asia. Remittances from migrant workers provide substantial economic benefits for the state and households, yet these workers often face systemic vulnerabilities including exploitation, discrimination, and inadequate legal protection. This article examines the extent to which international law and Indonesia’s national legal framework safeguard the rights of migrant workers while contributing to the realization of Sustainable Development Goal (SDG) 8: Decent Work and Economic Growth. International instruments such as the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW) and relevant ILO conventions provide comprehensive standards, but their effectiveness is constrained by limited ratification from key receiving states. At the domestic level, Indonesia has enacted Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI), which represents a shift toward state responsibility and alignment with international human rights norms. Nevertheless, implementation challenges ranging from weak enforcement and bureaucratic overlap to insufficient diplomatic support abroad remain significant. The findings suggest that while Indonesia has made normative progress, practical protection is hindered by governance gaps and lack of cooperation from host countries. Strengthening enforcement, regional collaboration, and worker empowerment are crucial to ensuring that Indonesian migrant workers achieve genuine “decent work” as envisioned by SDG 8.