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NICKEL ORE EXPORT PROHIBITION IN THE FRAMEWORK WORLD TRADE ORGANIZATION AS AN EFFORT TO PROTECT NATURAL RESOURCES (WTO Case Study DS592: Indonesia Measures Relating to Raw Materials) Febiola, Cahya Putri; Pratiwi, Charine Alya; Salsabila, Ratna Atiqah; Bramantyo, Adimas
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6223

Abstract

Indonesia issued a policy prohibiting the export of nickel ore with a grade <1.7% in Minister of Energy and Mineral Resources Regulation Number 11/2019, but this policy gave rise to a lawsuit from the European Union at the WTO. The aim of this research is to find the implementation of the adoption of the WTO concept in the Indonesian legal system and answer dispute resolution between Indonesia and the European Union regarding the policy of banning Indonesian nickel ore exports as an effort to protect natural resources based on GATT/WTO rules and principles. This research uses a normative method using a case approach, statutory approach and conceptual approach. The research results show that the ban on nickel ore exports is Indonesia's effort to protect its natural resources, despite legal challenges from the European Union. The implementation of the GATT/WTO concept in Indonesian policy shows a balance between international obligations and national interests in managing natural resources. This dispute also highlights the importance of appropriate legal strategies in safeguarding state sovereignty within the WTO framework.
Corporate Social Responsibility in Limited Liability Companies in National Mining Law Febiola, Cahya Putri; Susanti, Susi; Pratiwi, Charine Alya; Rumelawanto, Fajar Putra Prastina
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10109

Abstract

Corporate Social Responsibility (CSR) is a social and environmental responsibility that must be implemented by companies in the natural resources sector, including mining, in accordance with Law Number 40 of 2007. This research aims to analyze CSR regulations in Indonesia, especially in the mining industry, and evaluate CSR regulations in the Limited Liability Company Law and Mineral and Coal Law and their derivative regulations. This research also highlights provisions regarding reclamation, post-mining activities, and community empowerment as a form of CSR in the Minerba Law. Using the normative analysis method, it was found that there was a regulatory gap between Minerba Law with PP 78/2010 related to occupational health, which is an important part of social responsibility. Therefore, the implementation of CSR in the mining sector still faces challenges, especially in ensuring that mining companies carry out their obligations consistently. This research recommends harmonization of regulations to strengthen legal certainty and ensure companies implement CSR in a sustainable manner to achieve environmentally sound development and social welfare.  
Urgensi Tes Kesehatan HIV/AIDS sebagai Syarat Pra Nikah di Indonesia Pratiwi, Charine alya; Radliyah, Nunung; Zazili, Ahmad
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 3 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i3.1473

Abstract

Premarital HIV testing has emerged as a crucial preventive strategy in reducing the transmission of HIV/AIDS, particularly within the context of marital relationships in Indonesia. Despite rising HIV cases and the potential for intra-marital transmission, implementation of mandatory HIV testing for prospective spouses remains inconsistent across regions. This study aims to analyze the urgency and implications of premarital HIV testing as a marriage requirement in Indonesia, focusing on regulatory frameworks, practical implementation, and human rights considerations. A normative juridical method is employed, supported by a conceptual approach and literature review, alongside interviews with selected stakeholders including health officials and couples who have undergone testing. The findings reveal that although regional regulations mandate such testing, several challenges persist: limited healthcare infrastructure, insufficient public awareness, and social resistance rooted in stigma and misconceptions. Moreover, while premarital HIV testing serves public health interests, it also raises ethical concerns regarding privacy, consent, and potential discrimination. If supported by clear policies, adequate counseling, and strong confidentiality measures, premarital HIV testing can effectively safeguard public health without infringing on individual rights. This study recommends reinforcing inter-agency coordination, expanding access to voluntary and informed testing, and designing rights-sensitive policies that balance public health priorities with individual autonomy.