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All Journal Brawijaya Law Journal : Journal of Legal Studies Sriwijaya Law Review Hasanuddin Law Review Padjadjaran Journal of International Law Media Iuris Notaire Yuridika Hang Tuah Law Journal Indonesia Law Review (ILREV)
Iman Prihandono
Faculty Of Law, Universitas Airlangga
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Journal : Yuridika

 1 
Business and Human Rights Concerns in the Indonesian Textile Industry Iman Prihandono; Fajri Hayu Religi
Yuridika Vol. 34 No. 3 (2019): Volume 34 No 3 September 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.499 KB) | DOI: 10.20473/ydk.v34i3.14931

Abstract

Indonesia is the tenth largest textile exporter in the world. The textile industry has long been the major industry to absorb labour force in the country. The textile industry substantially contributes to the national economic growth by employing 3.58 million workers, or 21.2 per cent of the total labour force in the manufacturing industry. The textile business has been growing over the previous decade. Based on the Bank of Indonesia report, this industry significantly contributes to the Gross Domestic Product (GDP) of Indonesia. The contribution increased from Rp96.3trillion (US$7billion) in 2010 to Rp139.4trillion (US$10.2billion) in 2015. However, the textile industry in Indonesia does not only positively contribute to the country’s economic growth, it also creates negative impacts, such as environmental issues. As will be explained further, these environmental impacts include environmental damage caused to the Citarum River and Sukoharjo. The textile industry’s contribution to pollution is also high at a global level. Among the G20 countries, Indonesia is ranked 2nd for the highest levels of water pollution caused by the textile industry with 29.25 per cent, slightly below Turkey (32.21 per cent). Even though most of the international brands, such as GAP, H&M and Inditex, have already adopted human rights standards and policies, there are still many cases that show the failure of these companies to uphold human rights. For this reason, the implementation of international standards is needed to achieve a more sustainable textile industry. This article discusses business and human rights concerns in relation to the Indonesian textile industry. It addresses several environmental issues caused by the textile industry, discusses human rights standards and policies in the textile industry, and finally shows possible ways of implementing such international standards (i.e. Eco Label and the Bangladesh Accord) in Indonesia.
Elaboration of the Concept of Serious Human Rights Violations in Indonesia: Jus Cogens in the Framework of Corporations Criminal Responsibility Adhryansyah; Prihandono, Iman; Rachman, Taufik
Yuridika Vol. 40 No. 2 (2025): Volume 40 No 2 May 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v40i2.60820

Abstract

The handling of serious human rights violations committed by corporations in Indonesia remains legally and practically uncertain, particularly regarding the recognition of corporations as subjects of international human rights law. This issue has become increasingly urgent, as some corporations with strong financial influence are able to pursue profit at the expense of fundamental human rights, often without facing adequate legal consequences. The lack of a clear and enforceable framework for holding corporations criminally accountable risks enabling impunity and undermining justice for victims. This research aims to address that gap by developing a legal concept of corporate criminal responsibility specifically for gross human rights violations, tailored to the Indonesian context. The study adopts a statutory, conceptual, and case-based approach to explore how corporate liability can be effectively integrated into the national criminal justice system. It also emphasizes the need for harmonization between Law Number 26 of 2000 on Human Rights Courts and Law Number 1 of 2023 on the Criminal Code, in order to ensure legal coherence and uphold jus cogens norms—universal principles of international law that prohibit severe human rights abuses such as genocide, torture, and crimes against humanity. By proposing a structured approach to corporate accountability, this research seeks to strengthen Indonesia’s legal capacity to respond to serious human rights violations and contribute to the broader goal of promoting justice and the rule of law.
Indonesia Merger Control Re-Evaluation : Twenty Years' Experience In Legal Limbo Setyawati, Ria; Iman Prihandono; Kagramanto, Lucianus Budi; Stefan Koos
Yuridika Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i2.44330

Abstract

This paper not only discusses the issue of the approach used, the issue of ex-post and ex-ante merger control regulation usage, issues of conflict of norms, overlapping legal rules, and the existence of legal vacuum which complicates the enforcement of rules regarding merger control in Indonesia. The legal issues examined in this paper concern the characteristics of merger control based on the ratio decidendi of KPPU decisions during the 20 years of enforcing business competition law in Indonesia and the ius constituendum of the ex-ante and ex-post approach. This research is based on normative legal research using a statute approach, conceptual approach, case approach, and comparative approach method. These methods lead to the conclusion of the research, which is, that in the past 20 years, Indonesia has experienced a change in the ex-post merger control approach, resulting in partiality in the articles applied that are not entirely used in KPPU decisions. Furthermore, the idealized rules (ius constituendum) on the control of mergers in Indonesia, outlined in Law No. 5 of 1999, will be examined based on the principles and objectives of competition law enforcement in the country.
Co-Authors Adhryansah Adhryansah Adhryansyah Cut Asmaul Husna Cut Asmaul Husna, Cut Asmaul Dewanty R. K., Esty Hayu Dewi S. Yuniarti Esty Hayu Dewanti RK Fajri Hayu Religi Keely Boom Kusrini Purwijanti Lina Hastuti Lucianus Budi Kagramanto Mia Amiati Nadirsyah Hosen Setyawati, Ria Stefan Koos Taufik Rachman Yuniarti, Dewi Santoso