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All Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Zainal Arifin Hosein
Universitas Borobudur
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparison of the Limited Liability Company Law in Indonesia and Brunei Darussalam Anwar Sunarjo; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1102

Abstract

This study aims to compare the regulations regarding the establishment and supervision of Limited Liability Companies (LLCs) in Indonesia and Brunei Darussalam. Using a normative legal research method, this study analyzes the differences and similarities in the establishment procedures of LLCs in both countries, including legal requirements, necessary documents, and company registration mechanisms. The study also discusses the comparison in corporate supervision, including accountability, transparency, and protection for both majority and minority shareholders. The approaches used are the statute approach and the conceptual approach, focusing on the legislation governing Limited Liability Companies in both countries. The results of the study indicate that although Indonesia and Brunei Darussalam have different procedures for establishing and supervising LLCs, both countries apply the principles of accountability and transparency as the basis for shareholder protection and corporate supervision.
Comparison of Dispute Resolution Through Mediation in Indonesia and Japan Sapta Eka Yanto; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1103

Abstract

This study aims to compare the mediation systems in Indonesia and Japan, focusing on procedural differences and similarities, as well as the factors influencing their implementation in both countries. Mediation as an alternative dispute resolution offers a more peaceful and efficient solution, reducing the burden on courts. In Indonesia, mediation is regulated by the Supreme Court Regulation (PERMA) No. 1 of 2016, which mandates that mediation be conducted at the early stages of the trial with non-judge mediators. In contrast, Japan's wakai system allows mediation to occur at various stages of the judicial process with judges serving as mediators. Additional differences include the procedures for conducting mediation, the authority of mediators, and the mechanisms for ratifying mediation results that hold the force of law in both countries. Despite the fundamental differences in their systems, both countries share the same goal of achieving a fair resolution beneficial to both parties. Cultural factors, legal systems, and court structures are essential elements influencing these differences and similarities. This research provides important insights for the development of mediation practices in Indonesia by considering the implementation of a more flexible system similar to Japan’s.
Employment Law Based on Civil Law and Common Law Legal Systems Ade Papa Rihi; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1104

Abstract

This study discusses the regulation of employment law based on the Civil Law and Common Law legal systems, as well as the fundamental differences between the two legal systems in employment law. In the Civil Law legal system, employment law is generally regulated by laws enacted by the government, with the role of the courts limited to the application of written and codified laws. In contrast, in the Common Law legal system, the regulation of employment law relies more on court decisions and precedents resulting from previous cases, with judges having an important role in forming new legal principles. This study uses a normative legal research method with a statute approach and a conceptual approach to analyze employment law regulations in both legal systems. The results show that the Civil Law system provides more structured and detailed provisions, while the Common Law system tends to be more flexible and relies on litigation and specific court decisions. This study is expected to provide a deeper understanding of the differences in employment law regulations based on the two legal systems.
Co-Authors Ade Papa Rihi Anwar Sunarjo Sapta Eka Yanto