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The Role of International law in Addressing Climate Change: Legal Perspective and Policy Solution Taqiyuddin kadir; T Saiful Basri; Ratih Dheviena Puru Hitaningtyas
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5002

Abstract

Climate change is one of the most significant challenges facing the world today. International law has a crucial role to play in addressing these issues through legal and policy frameworks. This study aims to analyze the role of international law in addressing climate change from a legal perspective and find effective policy solutions. The method used is a literature review with analysis of international legal documents and related policies, as well as case studies of policy implementation in several countries. The results show that although there have been some advances in international legislation and policy, there are still many challenges in its implementation that require innovative and collaborative solutions. The study also identified several policy solutions that could be improved through closer international cooperation, including harmonization of emission standards and more effective funding mechanisms. The recommendations of this study are expected to contribute to policymakers, legal practitioners, and other relevant parties in increasing the effectiveness of international law as a tool to address climate change. 
Legal Protection ofr Heir of Account Owners Unlawfully Blocked By The Banks Wijaya Wijaya; Yurisa Martanti; Taqiyuddin Kadir
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.4898

Abstract

The study purpose was to examine the legal protection for heirs of account owners whose bank accounts are unlawfully blocked by banks without a valid court decision or the consent of the heirs. This issue arises because such actions contradict the principle of prudence in banking operations and may cause losses to the heirs, thus raising questions regarding the authority of banks and the legal remedies available. The research aims to analyze: (1) the authority of banks to block the accounts of deceased customers against their heirs; and (2) the legal protection available to heirs when banks commit unlawful blocking of accounts. This research employed a normative juridical legal research method, relying on secondary data obtained from primary, secondary, and tertiary legal sources. The approaches used included the Legislation Approach, Case Approach, Analytical Approach, and Conceptual Approach. Data were collected through literature study, identifying and inventorying statutory regulations, legal doctrines, and relevant case studies. The legal analysis techniques applied consisted of Grammatical Interpretation, Systematic Interpretation, and legal construction methods. The findings demonstrate that banks have no authority to unilaterally block the accounts of deceased customers, as this contradicts Article 29 paragraph (3) of Law Number 10 of 1998 concerning Banking. The action is deemed unlawful since it disregards the principle of prudence and the obligation to protect customer rights. Heirs who suffer losses due to such acts are entitled to legal protection and may file a civil lawsuit under Article 1365 of the Indonesian Civil Code to demand recognition and restoration of their rights. The study concludes that unilateral blocking of deceased customers’ accounts by banks constitutes an unlawful act. Legal protection for heirs is available through civil remedies, ensuring the protection of property rights and upholding justice in banking practices.
The Principle of Good Faith in Contract Performance: A Civil Law Perspective Alwi Jaya; Taqiyuddin Kadir; Sudarti
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.4270

Abstract

The principle of good faith constitutes a fundamental doctrine in civil law that governs not only the formation of contracts but also their performance. In contemporary contractual relationships, disputes frequently arise not merely from the violation of explicit contractual terms, but from actions that, while formally compliant, contradict ethical standards, fairness, and reasonable expectations between parties. This condition highlights the growing importance of good faith as a normative benchmark in assessing contractual performance. This study aims to analyze the role and legal significance of the principle of good faith in contract performance from a civil law perspective, particularly in ensuring justice, balance, and legal certainty in private legal relations. This research employs a normative legal research method, relying on a statutory, conceptual, and doctrinal approach. Primary legal materials include civil codes, judicial decisions, and international legal instruments relevant to contract law, while secondary materials consist of scholarly writings, legal commentaries, and academic journals. The analysis is conducted through systematic interpretation and legal reasoning to examine how the principle of good faith operates in contractual performance and dispute resolution. The findings of this study indicate that the principle of good faith functions as an open norm that complements contractual obligations beyond written provisions. It serves as a corrective mechanism against opportunistic behavior, abuse of rights, and rigid contractual interpretation. Furthermore, good faith enables judges to evaluate the fairness of contract performance by considering moral standards, social values, and reasonable expectations of the parties. This research concludes that the principle of good faith is essential for achieving substantive justice in contract law and should be consistently applied to strengthen the integrity and reliability of contractual relationships in civil law systems