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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Unram Law Review Padjadjaran Journal of International Law Kanun: Jurnal Ilmu Hukum
Maulana, Mursal
Faculty of Law, Padjadjaran University
Law, Crime, Criminology & Criminal Justice

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Book Review: The International Law on Foreign Investment Maulana, Mursal
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 2 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Padjadjaran University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (161.512 KB)

Abstract

Professor M. Sornarajah, prominent scholar in the field of investment law and C. J Koh Professor at Faculty of Law of the National University of Singapore presents his ambitious work on the contemporary issues on foreign investment in the context of public international law. Whatever criticism might land on Sornarajah’s ears in regard to this work, The International Law on Foreign Investment is undoubtedly an excellent work and one of the most remarkable publication.DOI: https://doi.org/10.22304/pjih.v5n2.a11
How International law Work A Rational Choice Theory Maulana, Mursal
Padjadjaran Journal of International Law Vol 1, No 1 (2017): PJIL Volume 1, Number 1, January 2017
Publisher : Padjadjaran Journal of International Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.16 KB)

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BOOK RIVIEWTitle                    : How International law Work                             A Rational Choice TheoryAuthor                 : Andrew T GuzmanPublisher             : Oxford University Press Does international law affect state behavior?. Why would states pay any attention to international law in the absence of coercive enforcement mechanism?. What do we mean when we say international law is “binding”, given that states can almost always to violate it?. These intriguing and philosophical questions raised by the author to make sure that we had grasped at least one answer. If not, we were failed to understand the nature of international law. These question also remains us about traditional debate between proponent and opponent of international law such as Hobbes, Spinoza and Austin. But, in the 21st Century we are not debating or neglecting the existence of international law anymore.
Arbitrase Blockchain dalam Prinsip Kerahasiaan dan Ketidakberpihakan: Lex Digitalis Arbitri Shiddiq, Naufal; Budhijanto, Danrivanto; Maulana, Mursal
Unram Law Review Vol 8 No 1 (2024): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v8i1.339

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Kleros blockchain arbitration presents a promising solution for faster, more cost-effective, and more secure arbitration in digital environment. However, it comes with significant challenges; confidentiality and impartiality. Arbitration is often chosen due to its confidentiality. Examining Kleros’ blockchain arbitration, it becomes apparent that the platform lacks of confidentiality regime and therefore raising a number of probable issues. The anonymity of Kleros jurors complicates the matters, makes it challenging to establish trust, legally bind jurors, monitor compliance, and address potential jurors’ misconduct. Additionally, jurors’ anonymity prohibits disclosure of pertinent information, which may  rise  justifiable doubts, thereby resulting in jurors’ impartiality are questioned. Therefore, this article advocates for Kleros to reconsider their strict anonymity policy and to introduce confidentiality and impartiality provisions in order to align more with the established legal practices in digital arbitration environment (Lex Digitalis Arbitri).
NAVIGATING THE CHALLENGES AND OPPORTUNITIES OF THE WTO'S TRADE FACILITATION AGREEMENT IN INDONESIA Maulana, Mursal; Adolf, Huala
Kanun Jurnal Ilmu Hukum Vol 26, No 3: December 2024: Law and Justice in Digital Age
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i3.40176

Abstract

The Trade Facilitation Agreement (TFA) is a significant multilateral trade accord adopted by the World Trade Organization (WTO) to streamline the movement, release, and clearance of goods. Indonesia ratified the TFA through Law No. 17 of 2017 and has implemented 87.7% of its Category A commitments, along with 11.3% of Category B commitments. Despite this progress, Indonesia faces challenges such as regulatory complexities, bureaucratic inefficiencies, coordination issues, and technical constraints. This article explores these challenges and the potential economic benefits of fully implementing the TFA, especially in Indonesias international trade. Using a juridical-normative approach, the article identifies key issues that need to be addressed, including legislative harmonization, streamlined bureaucratic processes, improved digital infrastructure, and better coordination in trade facilitation governance. It also highlights the advantages of the TFA, such as reduced trade barriers, increased efficiency, and enhanced global competitiveness. To overcome existing challenges and maximize the benefits of TFA implementation, Indonesia should focus on regulatory harmonization, inter-agency coordination, and upgrading digital trade infrastructure. Strengthening the National Trade Facilitation Committee (NTFC), modernizing customs automation, and expanding the Indonesia National Single Window (INSW) will improve efficiency and lower costs, thereby solidifying Indonesia's position in the global trading system.
Co-Authors Danrivanto Budhijanto Huala Adolf Shiddiq, Naufal