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The Role of Law in International Business Transactions in the Era of Free Trade Gunawan, Syahrana Kezia Anjunien
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1490

Abstract

International trade is currently undergoing very significant progress, in line with the progress of the era of globalization. This condition allows people to meet their living needs not only from local sources, but also from various regions abroad. These developments provide the flexibility for the global community to choose trading partners and resources that it considers capable of meeting its needs. In this context, the role of law is vital in regulating cross-border business transactions, in order to ensure legal certainty, safeguard the rights and obligations of each party, and prevent legal conflicts from arising. Based on this, this study is intended to examine how the law plays a role in regulating trade flows through international business transactions in the midst of the era of free trade. The approach used in this study is the normative juridical method, which is a research method that focuses on the analysis of legal materials through literature studies. The legal sources used include laws and regulations, court decisions, and legal literature that is relevant to the subject of discussion. The principle of freedom in international trade must remain within the general legal framework that is the basis for the drafting of international contracts. Although the law governing international business transactions is included in the category of private law that gives the parties the flexibility to formulate the content of the agreement according to their respective interests, the transaction must still be subject to the provisions of international law and pay attention to the national legal regulations of each country involved. Thus, a deep understanding of the legal aspects of international business transactions is very important for business actors, so that they are able to adapt and compete optimally in the dynamics of the global market.
An Analysis of Unilateral Termination of Employment by Employers under Indonesia’s Manpower Law: Analisis Pemutusan Hubungan Kerja Secara Sepihak oleh Pengusaha Menurut Undang-Undang Ketenagakerjaan di Indonesia Gunawan, Syahrana Kezia Anjunien; Lie, Gunardi
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12931

Abstract

General Background: Unilateral termination of employment (PHK sepihak) remains a persistent issue in Indonesia’s industrial relations, affecting workers’ economic and social stability. Specific Background: Despite the comprehensive regulation under Law No. 13/2003 on Manpower, gaps persist between legal norms and actual practices, particularly regarding procedural compliance and workers’ access to remedies. Knowledge Gap: Limited studies thoroughly examine how statutory provisions, post-MK decisions, and dispute-resolution mechanisms interact to shape the legality and consequences of unilateral termination. Aim: This study analyzes the legal framework governing unilateral termination, its legal consequences, and the protective mechanisms available to workers. Results: Findings show that unilateral termination is only lawful under conditions strictly regulated in the Manpower Law, including proven gross misconduct, corporate restructuring, or operational necessities, and must be accompanied by mandatory procedures such as negotiation and adjudication. Employers are obligated to provide severance, service appreciation pay, and compensation for rights, with variations depending on the grounds for termination. Novelty: This research integrates statutory analysis, judicial developments, and procedural safeguards to reveal persistent inconsistencies between legal standards and practical enforcement. Implications: Strengthening supervision, legal literacy, and procedural compliance is crucial to preventing arbitrary terminations and ensuring substantive worker protection. Highlights: The law strictly limits when employers may carry out unilateral termination. Workers are entitled to severance and other compensations based on legal provisions. Dispute-resolution mechanisms provide formal protection against arbitrary termination. Keywords: Unilateral Termination, Manpower Law, Worker Protection, Severance Rights, Industrial Relations