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Journal : Journal Evidence Of Law

Juridical Review of Alternative Business Dispute Resolution as a Form of Consumer Rights Protection Hidayat Sumarna, Muhammad; Djunaedi, O.; Rattanapun, Supot
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.941

Abstract

The settlement of business disputes between consumers and business actors is an increasingly crucial issue along with the increasing complexity of transactions in the digital era and global economy. The purpose of this research is to analyze the role of the Consumer Dispute Resolution Agency (BPSK) in supporting alternative business dispute resolution as an effort to protect consumer rights in Indonesia and analyze the effectiveness of alternative business dispute resolution in protecting consumer rights in Indonesia. The method used in this research is normative juridical research. The results showed that BPSK plays an important role in providing more effective alternative dispute resolution for Indonesian consumers through mediation, conciliation, and arbitration mechanisms that are friendly, fast, and affordable. Through this approach, BPSK supports the protection of consumer rights and encourages fair and responsible business practices among business actors. The effectiveness of alternative business dispute resolution also creates flexible and efficient solutions, addressing consumer justice needs in a cheaper and faster way. Despite some challenges, ADR provides a favorable solution for consumers and businesses in resolving business disputes..
Reclaiming Justice: International Legal Dimensions of Land Reclamation on Human Rights, Sovereignty, and Environmental Equity Kartini, Riska; Prasetyo, Dedy Ardian; Rattanapun, Supot
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1735

Abstract

Land reclamation has emerged as a global practice that extends far beyond technical infrastructure development, positioning itself at the crossroads of human rights, state sovereignty, and environmental justice. Despite the proliferation of studies addressing its ecological and economic impacts, a notable gap remains in scholarship that systematically integrates these three international legal dimensions. This study aims to address that gap by situating reclamation within the framework of international law, critically examining its normative implications. Employing a normative, juridical, and qualitative approach, the research relies on primary legal sources, including UNCLOS 1982, ICCPR 1966, ICESCR 1966, and key environmental declarations, complemented by case law from the ICJ and PCA. Secondary sources were collected through a comprehensive literature review across international databases and reports from global institutions. Data analysis was conducted through a hermeneutic interpretation of legal texts and a comparative examination of state practice. Findings reveal that reclamation often undermines the right to livelihood and a healthy environment, challenges the integrity of sovereignty when used to justify territorial expansion, and exacerbates ecological injustice by privileging elite interests over vulnerable communities. These results underscore the interdependence of rights, sovereignty, and environmental sustainability, suggesting the need for integrative normative frameworks. The study contributes to academic discourse by bridging fragmented literatures while offering practical guidance for policymakers. It highlights the urgency of embedding human rights impact assessments within environmental evaluations and strengthening regional consultative mechanisms to align reclamation practices with global legal norms