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All Journal Rechtsnormen Journal of Law Sharia Oikonomia Law Journal
Chan, Rachel
Unknown Affiliation
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Implementation of International Law Principles in Indonesian National Law Prasetyo, Budi; Tan, Jaden; Chan, Rachel
Rechtsnormen: Journal of Law Vol. 3 No. 1 (2025)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i1.2071

Abstract

Background: The integration of international law principles into domestic legal systems is a complex and often contentious process. In Indonesia, the implementation of international law principles in national law involves balancing domestic legal norms with the obligations arising from international treaties and conventions. While Indonesia has ratified numerous international agreements, the actual incorporation of these principles into national law remains inconsistent and subject to various interpretations. The tension between adherence to international norms and the sovereignty of national law presents a unique challenge in the application of international law principles within the Indonesian context. Objective: This study aims to examine how international law principles are implemented in Indonesian national law, focusing on the mechanisms, challenges, and effectiveness of their integration. The research seeks to identify key areas where international law is applied or disregarded in Indonesian legal practice and to provide recommendations for improving alignment with international standards. Method: A qualitative research approach was used, combining legal document analysis, case studies, and interviews with legal scholars, policymakers, and practitioners. This allowed for a comprehensive assessment of the practical application of international law principles in Indonesia’s legal system. Results: The study found that while Indonesia incorporates international law principles in specific areas, such as human rights and environmental law, there is often resistance or inconsistency in their implementation, particularly in areas that conflict with national interests. Conclusion: To enhance the effectiveness of implementing international law principles, this study recommends greater institutional cooperation, clearer legal frameworks, and the establishment of stronger enforcement mechanisms.
Effectiveness of Pretrial in Testing the Legality of Arrest and Detention Indraswari, Sri Primawati; Chan, Rachel; Lee, Ava
Rechtsnormen: Journal of Law Vol. 3 No. 2 (2025)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i2.2096

Abstract

Background: Pretrial procedures play a vital role in testing the legality of arrest and detention, ensuring that individuals' rights are protected against arbitrary detentions. Legal safeguards such as judicial review of arrests are essential in preventing abuses of power by law enforcement agencies. In many jurisdictions, pretrial hearings serve as a critical mechanism to determine whether there is enough evidence to justify continued detention, thus promoting the rule of law and human rights protection. However, the effectiveness of pretrial procedures in safeguarding individuals from unlawful detention remains a topic of debate. Objective: This study aims to evaluate the effectiveness of pretrial hearings in testing the legality of arrest and detention. The research investigates how these procedures influence the protection of individual rights and the overall functioning of the justice system. Method: A qualitative research design was employed, utilizing case studies, legal analysis, and interviews with legal professionals, detainees, and human rights advocates. Data were collected from multiple jurisdictions to assess the impact of pretrial procedures on the legality of detention. Results: The findings suggest that pretrial hearings are an effective mechanism for testing the legality of arrests and detentions, but their application is inconsistent, with some jurisdictions lacking adequate legal frameworks to ensure timely and fair reviews. Conclusion: The study concludes that while pretrial hearings can significantly contribute to the protection of individual rights, improvements in procedural consistency and access to legal representation are needed to enhance their effectiveness.  
The Legal Framework of Shariah Banking in Indonesia: Implications for Financial Regulation and Market Development Narud, Ahmad; Chan, Rachel; Joshi, Nikhil
Sharia Oikonomia Law Journal Vol. 3 No. 1 (2025)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v3i1.2082

Abstract

The rapid growth of Shariah banking in Indonesia has prompted significant regulatory developments to align financial practices with Islamic principles. However, the legal framework governing Shariah banking remains complex, raising questions about its effectiveness in fostering financial regulation and market development. This study examines the legal structure of Shariah banking in Indonesia, focusing on its implications for financial regulation and its role in promoting sustainable market growth. The research aims to identify gaps in the current legal framework and propose recommendations for enhancing regulatory coherence and market competitiveness. Using a qualitative approach, this study analyzes legal documents, regulatory policies, and secondary data from authoritative sources, complemented by interviews with key stakeholders in the Shariah banking sector. The findings reveal that while Indonesia has established a comprehensive legal framework for Shariah banking, challenges such as regulatory fragmentation, limited enforcement mechanisms, and insufficient integration with global Shariah standards persist. These issues hinder the sector's potential to contribute fully to financial inclusion and economic development. The study concludes that strengthening the legal framework through harmonized regulations, enhanced enforcement, and greater alignment with international Shariah standards is crucial for the sustainable growth of Shariah banking in Indonesia. This research contributes to the discourse on Islamic finance by providing insights into the interplay between legal frameworks, financial regulation, and market development in emerging economies.
Co-Authors Budi Prasetyo Indraswari, Sri Primawati Joshi, Nikhil Lee, Ava Narud, Ahmad Tan, Jaden