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All Journal Awang Long Law Review Jurnal Hukum Volkgeist
Akbar Taufik Amrullah
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Arts Humanities Law, Crime, Criminology & Criminal Justice

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CONSTRUCTING NATIONAL ENVIRONMENTAL LEGAL POLICIES IN RESPONSE TO THE CHALLENGES OF A WORLD FREE MARKET IN THE AGE OF GLOBALIZATION Akbar Taufik Amrullah; Farida Nur Hidayah
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.541 KB) | DOI: 10.56301/awl.v4i2.458

Abstract

This study's objective is to investigate the policy of national environmental law politics in light of the problems posed by the global free market in the era of globalization. This study employs a legal normative research methodology with a statute approach. The study's findings indicate that environmental protection and management based on environmental legal standards necessitates a balance between economic interests, the maintenance of environmental functions, and social conditions. All this time, the two objects seemed to be divided from each other. Government and the corporate sector are perceived as entities that place commercial interests above environmental protection. Economic development alone has been ineffective in reducing poverty, averting social conflicts caused by unequal access to natural resources, and increasing the rate of environmental degradation. A legal settlement that can be used as a guide for environmental law enforcement officials against environmental laws and regulations that contain criminal penalties that are not in harmony with the provisions of Law No. 32 of 2009 as one of the legal adages: (i) lex specialis derogat legi generali, (ii) lex superior gerogat legi inferiori, and (iii) lex posterior derogat legi anteriori.
Legal Review Of Contract Design Obligations Based On The Principle Of Good Faith And Negotiation Responsibility SULAIMAN, SULAIMAN; Akbar Taufik Amrullah; Juliana
Jurnal Hukum Volkgeist Vol. 10 No. 2 (2026): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v10i2.8106

Abstract

The principle of good faith is a fundamental doctrine in Indonesian contract law, applying not only during the performance of a contract but also at the pre-contractual stage, particularly in negotiation and contract drafting. This study analyzes the regulation, application, and legal obligations arising from the principle of good faith before a contract is concluded, including the duties of disclosure, confidentiality, and serious negotiation. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that violations of good faith during negotiations may result in legal liability through tort based on the doctrine of culpa in contrahendo. Thus, the principle of good faith functions as a corrective mechanism to contractual freedom and as a protective instrument for weaker parties within contractual relations.
Co-Authors Farida Nur Hidayah Juliana Sulaiman Sulaiman