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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Priscillia Putri Feliana
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CHALLENGES IN IMPLEMENTING OPTIONAL CLAUSES IN INTERNATIONAL SALE OF GOODS AGREEMENTS(CHALLENGES IN APPLYING CHOICE CLAUSES IN INTERNATIONAL SALE OF GOODS CONTRACTS) Priscillia Putri Feliana
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3757

Abstract

This research analyzes the application of choice of law and choice of forum clauses in international sale of goods contracts by Indonesian courts. It highlights the inconsistencies in juridical decisions which often confuse or ignore these concepts, causing legal uncertainty. Using a juridical-dogmatic method, the study explores four contractual clause conditions: both clauses present, only choice of law, only choice of forum, and neither. By examining several court decisions, the study reveals conceptual confusion and misapplication of private international law (PIL). It concludes that courts should distinguish these clauses clearly and apply relevant PIL principles. The study recommends ratifying the Draft Bill on PIL by adopting HCCH principles to guide judges in transnational disputes.
LIMITATIONS, HIDDEN EXCEPTIONS, AND RESPONSIBILITIES FOR BETTER WORKER PROTECTION Priscillia Putri Feliana; Ida Susanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3765

Abstract

This paper will examine the characteristics of worker exploitation that lead to unfair/indecent working conditions, the imposition of sanctions on perpetrators of exploitation, exemptions from sanctions for specific sectors, and the forms of sanctions that can be imposed. The approach to sanctions should not only serve as a deterrent to violators but also ensure the protection of victims. This study will evaluate existing labor regulations and interpret them through a socio-economic analysis to identify their weaknesses and propose improvements, aiming to create more effective regulations for worker protection. Consequently, this research employs a socio-legal study approach. One of the key findings of this study is that imposing sanctions on exploitative employers alone is insufficient to protect workers. While such sanctions may deter violations, they do not necessarily enhance worker protection. Therefore, the enforcement of civil sanctions is also crucial to ensure that victims of exploitation receive compensation for the damages they have suffered.
Co-Authors Ida Susanti