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All Journal Maneggio: Jurnal Ilmiah Magister Manajemen CERMIN: Jurnal Penelitian Jurnal Scientia Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Hukum Sehasen Asian Journal of Healthcare Analytics International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) International Journal of Economic, Technology and Social Sciences (Injects) International Journal Of Synergi In Law, Criminal And Justice indonesian Journal of Administrative Law and Local Government (IJALGOV)
Muhammad Juang Rambe
Universitas Pembangunan Panca Budi
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary Other

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THE IMPACT OF FOREIGN WORKER RESTRICTIONS ON FOREIGN DIRECT INVESTMENT (FDI) REALIZATION IN INDONESIA Dahlan; Henry Aspan; Etty Sri Wahyuni; Muhammad Juang Rambe
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 2 (2025): 10th IHERT (2025): IHERT (2025) SECOND ISSUE: International Conference on Healt
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i2.507

Abstract

Indonesia has experienced significant growth in foreign direct investment (FDI) inflows, reaching USD 47.5 billion in 2023 and exceeding the target of IDR 1,714 trillion in 2024. However, strict foreign worker regulations potentially affect the investment decisions of multinational companies. This research aims to analyze the impact of foreign worker restrictions on FDI realization in Indonesia with a case study in North Sumatra Province. The research method uses a qualitative approach with regulatory analysis and secondary data. The results show that although foreign worker restrictions through Government Regulation Number 34 of 2021 and Minister of Manpower Regulation Number 8 of 2021 aim to protect local workers and encourage technology transfer, these policies create trade-offs against Indonesia's investment attractiveness. Requirements such as mandatory local counterparts, Foreign Worker Utilization Compensation Fund (DKPTKA), and position restrictions create additional costs for investors. The Omnibus Law on Job Creation has simplified licensing procedures, but implementation challenges remain, particularly in regions like North Sumatra. The research recommends a balance between local workforce protection and investment facilitation through more flexible sector-based regulatory reforms.
The Ethical Approach in Assessing the Legitimacy of Constitutional Court Decisions: Urgency and Orientation Fathorrahman Fathorrahman; Muhammad Juang Rambe; Agung Ali Fahmi
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36462

Abstract

This study examines the importance of ethics as a formal parameter in assessing the validity of Constitutional Court (MK) decisions in Indonesia. The final and binding nature of MK decisions often raises debates regarding absolute power without adequate control mechanisms, especially in the context of ethical violations. This research explores deontological ethics and procedural justice as the basis for analysis, as well as several controversial MK decisions related to ethical issues. This research is a normative legal study that emphasizes a conceptual and statutory approach. The results show that integrating ethics into the assessment of MK decisions can enhance the legitimacy of constitutional justice and ensure more substantive justice. Therefore, this study recommends reformulating the legal framework to incorporate ethics as a key component in the validity assessment process.
SUSTAINABLE LAND DEVELOPMENT FROM A LEGAL PERSPECTIVE: A CASE STUDY OF INFRASTRUCTURE PROJECTS IN INDONESIA Gloria Gita Putri Ginting; Muhammad Juang Rambe
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 2 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

Infrastructure development in Indonesia often involves complex land issues, including ownership conflicts, land acquisition, and socio-economic impacts on local communities. This study aims to analyze the sustainability of land development from a legal perspective through case studies of infrastructure projects in Indonesia. The methods used are normative and descriptive studies, reviewing laws and regulations, project documents, and related literature. The analysis shows that sustainable land development requires regulatory harmonization, legal certainty for landowners, and fair compensation mechanisms. Weaknesses in legal implementation, complicated administrative procedures, and lack of community participation have the potential to give rise to disputes and delay project implementation. This study emphasizes the importance of integrating legal principles with development planning, including the protection of community rights, transparency, and accountability of relevant institutions. With an effective legal approach, infrastructure projects can be sustainable, reduce land conflicts, and increase socio-economic benefits for communities. These findings provide recommendations for strengthening land regulations, clarifying land acquisition procedures, and improving inter-agency coordination so that infrastructure development can align with the principles of sustainability and legal certainty in Indonesia.
HARMONISING NATIONAL ECONOMIC SOVEREIGNTY AND INTERNATIONAL TRADE STANDARDS THROUGH THE RECOGNITION OF THE CONSTITUTIONAL RIGHTS OF INDIGENOUS COMMUNITIES TO NATURAL RESOURCES Abdul Razak Nasution; Muhammad Juang Rambe; Rahul Ardian Fikri
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

The application of extraterritorial non-tariff barriers within the international trade framework, such as the European Union Deforestation Regulation (EUDR), gives rise to jurisdictional conflicts regarding the principle of permanent sovereignty over the natural resources of developing countries. Such unilateral policies have implications for the vulnerability of the protection of the constitutional rights of Indigenous Peoples (IP) within the governance of commodity supply chains at the domestic level. This study aims to analyse the alignment of a state’s economic sovereignty with global environmental standards through the fulfilment of IP customary rights. Using a normative legal research method with legislative, conceptual, and policy analysis approaches, this study finds that legal mitigation of international market regulations is inadequate if it relies solely on a formal compliance approach within the Indonesian Sustainable Palm Oil (ISPO) instrument and the National Dashboard system. Legal loopholes resulting from procedural obstacles to establishing MHA status in regions risk legalising land tenure that is legally flawed for the sake of meeting certification requirements. Harmonisation of the legal system requires the enactment of specific legislation (lex specialis) on MHA, the establishment of Free, Prior and Informed Consent (FPIC) as an absolute prerequisite for business licensing, and the integration of indigenous territory mapping into the national geospatial database. This legal framework serves as a guarantee of domestic rights certainty whilst also functioning as a legitimate strategic diplomatic instrument in countering environmental protection justifications used as barriers to global trade.
REGULATORY AUTONOMY OF DEVELOPING COUNTRIES IN THE INTERNATIONAL TRADE LEGAL SYSTEM: NORMATIVE AND INSTITUTIONAL CHALLENGES Abdul Razak Nasution; Muhammad Juang Rambe; Rahul Ardian Fikri
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

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Abstract

This study examines the legal relationship between trade liberalization commitments within the framework of the World Trade Organization (WTO) and the right of developing countries to regulate. The expansion of the WTO’s scope into domestic jurisdictions has legal implications for the policy space of developing countries in the process of formulating national legislation, particularly in the sectors of public health and environmental protection. Using a doctrinal legal research methodology, this study examines general exceptions, Special and Differential Treatment (S&DT), and the jurisprudence of the Dispute Settlement Body (DSB). The research findings outline three key points. First, legal recognition of regulatory autonomy is subject to certain normative limitations. The necessity test and empirical standard of proof under the SPS and TBT Agreements create an imbalance in the burden of proof for developing countries, which has the potential to affect the sustainability of the national legislative process (regulatory chill). Second, the S&DT principle, formulated to accommodate differences in economic capacity, tends to be declaratory in its application. This results in limitations on the binding force of the instrument as a legal basis for defense in dispute resolution. Third, legal interpretations by dispute settlement bodies have direct legal consequences for domestic autonomy. Furthermore, administrative constraints at the Appellate Body level and the implementation of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) also affect the fulfillment of the principle of legal certainty at the appellate stage. This study concludes that the formulation of national legislation requires the fulfillment of a pre-formulation feasibility review (ex-ante assessment). Additionally, multilateral harmonization efforts are needed to fundamental legal justification.
Electronic Land Deed Issuance by Land Deed Officials in Indonesia: Regulation, Data Protection, and Legal Certainty Gloria Gita Putri Ginting; Henry Aspan; Muhammad Juang Rambe
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.805

Abstract

Digital transformation in land registration in Indonesia triggers a conflict of laws regarding the electronic issuance of deeds by Land Deed Officials (Pejabat Pembuat Akta Tanah / PPAT). This study aims to analyze the disharmony between Government Regulation Number 18 of 2021 and Government Regulation Number 37 of 1998 concerning the prerequisite of physical presence, its implications for personal data protection governance, and to formulate a regulatory architecture through a comparative study. The method employed is normative legal research utilizing statutory, conceptual, and comparative approaches. This study applies a jurimetric instrument through the Legal Reliability Index (LRI) modeling to quantitatively measure the degree of evidentiary reliability of deeds. The results indicate that non-compliance with the physical presence requirement degrades the status of an authentic deed to a private deed (akta di bawah tangan) pursuant to Article 1869 of the Indonesian Civil Code. Simulation of the LRI formula demonstrates that procedural compliance regarding physical presence serves as the primary determinant maintaining the independent validity of the deed, while concurrently limiting the scope of the PPAT's liability from cyber system failure risks at the Land Office under the Personal Data Protection Law. This study recommends the adoption of a hybrid model based on a cautionary approach, drawing from practices in Germany. Physical presence remains mandatory for the substance of rights transfer to validate intent, whereas the archiving of original deeds (minuta akta) is centrally computerized. Amendments to the PPAT Position Regulations are necessary to align technological efficiency with formal civil law certainty.
Co-Authors Abdul Razak Nasution Agung Ali Fahmi Chyntia Mulia Ningsih Dahlan Danioko S. Sembiring Etty Sri Wahyuni Fathorrahman Fathorrahman Fitria Ramadhani Siregar Gloria Gita Putri Ginting Henry Aspan Ihsan Surya Wibowo Indra Utama Tj Irsyam Risdawati Iwan Rohman Harahap Marice Simarmata Mhd Azhali Siregar Muhammad Azhali Siregar Nabilah Syaharani Rahul Ardian Fikri Sembiring, Danioko Siregar, Muhammad Azhali Tengku Riza Zarzani N Vicky Ardiansyah Wahyu Indah Sari