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All Journal DE'RECHTSSTAAT JIHAD : Jurnal Ilmu Hukum dan Administrasi Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan
Mahardika, Muhammad Panji
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Principle of Personality as a Basis for Legal Determination in International Agreements Mahardika, Muhammad Panji; Hamimulloh, Muhammad; Widiadnyani, I Gusti Ayu
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8661

Abstract

This research discusses the role of the principle of personality in determining the applicable law in international agreements amidst the complexities of legal relationships resulting from globalization. The principle of personality, which emphasizes the connection of legal subjects to their state based on nationality or domicile, is proposed as a principle to provide legal certainty and justice. This study employs a normative and comparative approach to analyze the application of this principle in various international legal instruments and to evaluate its advantages and limitations. While the principle of personality offers legal certainty and protection for individuals, challenges such as jurisdictional conflicts and legal uncertainties in the context of modern business agreements are also identified. Therefore, this research aims to provide recommendations for the formulation of more adaptive and inclusive international agreements, as well as to emphasize the importance of a personal approach in creating a legal system that is responsive to global dynamics.
The Role of The Principle of Freedom of Contract in the Implementation of International Trade Law Mahardika, Muhammad Panji; Fakhrurozi, Rifqi Nur
DE'RECHTSSTAAT Vol. 11 No. 2 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i2.18797

Abstract

This summary examines the crucial role of the principle of "freedom of contract" in international trade, which is an integral part of the global economy. This principle provides businesses with the freedom to negotiate contract terms, fostering fair and efficient agreements. However, its implementation faces challenges such as cultural differences and legal systems that can impact contract integrity. This study aims to determine the crucial role of the principle of "freedom of contract" in international trade. This study uses a normative approach. The results show that the principle of freedom of contract plays a crucial role in building business bridges in the international market. By providing flexibility in negotiations, increasing trust between parties, and providing an efficient dispute resolution mechanism, freedom of contract enables businesses to adapt to the dynamics of the global market. Despite these challenges, a sound understanding of applicable law and an awareness of the risks can help businesses leverage this principle to achieve success in international trade. Thus, freedom of contract is not merely a legal principle but also a strategic tool that can connect various business entities worldwide.
Perlindungan Hukum Bagi Pekerja Digital Freelance Di Era Transformasi Digital Marheni, Lily; Widiadnyani, I Gusti Ayu; Bagiastra, I Nyoman; Mahardika, Muhammad Panji
Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan Vol. 5 No. 1 (2026): In Progress
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/awtjhpsa.v5i1.3141

Abstract

The purpose of this study is to determine the legal status of freelance digital workers in the Indonesian employment system and the legal protections that can be implemented to improve the welfare of freelance digital workers in the era of transformation. The results of the study indicate that the existence of freelance digital workers has not yet received clear legal recognition in the national employment system. Most of them are still categorized as informal workers or work partners, not as workers in an employment relationship as regulated in the Manpower Law Number 13 of 2003. Legal recognition of the status of freelance digital workers can be the basis for determining special worker categories such as platform workers or digital independent workers, then providing access to basic protections such as social security, employment insurance and requiring digital platforms to be responsible for the working conditions of their workers.
Co-Authors Hamimulloh, Muhammad I Gusti Ayu Widiadnyani I Nyoman Bagiastra Marheni, Lily Rifqi Nur Fakhrurozi