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All Journal UIR LAW REVIEW Indonesian Journal of International Law "Indonesian Journal of Environmental Law and Sustainable Development " JILS (Journal of Indonesian Legal Studies)
Chhachhar, Varun
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights Concern in International Investment Law: A Study of Indian International Investment Agreements Chhachhar, Varun; Negi, Monika; Singh, Prashant; Kumar, Niharika
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its new Model Bilateral Investment Treaty in 2015, India has unilaterally terminated most of its international investment agreements and is negotiating new ones. This paper identifies the ways in which the issue of human rights is invoked in international investment law, with an analysis of the investment treaty practice of India using a doctrinal method. Indian international investment treaty practices before the 2015 Model BIT mostly did not include the term human rights, but the BITs signed post 2015 Model do expressly use the term human rights, albeit in the form of voluntary obligations. Additionally, India made human-rights based arguments and the tribunals did mention human rights in awards to which India was a party but the tribunals stressed upon the need to have express human rights provision in the treaty, which it mostly lacked.
Agrarian Reforms vis-à-vis Constitutionalism in India: A Comparative Analysis with Indonesia Chhachhar, Varun; Niravita, Aprila; Verma, Karishma; Sankrit, Swikar
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.31841

Abstract

This paper presents a comparative study on agrarian reforms in India and Indonesia, focusing on their constitutional foundations, legislative mechanisms, and judicial approaches. Agrarian reform has been central to the socio-economic transformation in both countries, where land ownership and rural livelihoods remain deeply significant. The main problem addressed is how these democracies have constitutionally managed land redistribution while balancing property rights and social justice. The study applies a doctrinal and comparative legal method, examining key constitutional provisions, legislative instruments, and judicial decisions. In India, reforms were initiated post-independence through the abolition of the zamindari system, later reinforced by constitutional amendments and the Ninth Schedule, evolving into broader property rights under Article 300A. Indonesia, by contrast, anchors its land reform agenda in the Basic Agrarian Law of 1960, which derives legitimacy from the 1945 Constitution and the state ideology of Pancasila, promoting social justice and state control over land. Findings suggest that India relies more on judicial interpretation to legitimize reform within its constitutional structure, while Indonesia adopts executive-led reforms grounded in centralized legal authority. The paper concludes that despite different institutional approaches, both nations illustrate how constitutional frameworks can be adapted to facilitate distributive justice through agrarian reform.
The Potential of Criminal Sanctions in Indonesia’s Spatial Planning Law from a Sustainable Development Perspective Aprila Niravita; Masyhar, Ali; Rodiyah, Rodiyah; Suhadi, Suhadi; Chhachhar, Varun; Adymas Hikal Fikri, Muhammad
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i2.19096

Abstract

This study examines the role of criminal law in curbing unlawful land-use practices in Indone-sia's broader spatial-planning framework. Its primary interest lies not only in asking whether the threat of criminal enforcement deters potential offenders but also in investigating whether those who violate the rules receive sanctions that are credible, consistent, and sufficiently severe. Employing a normative legal methodology, the author examines statutory texts, cornerstone legal principles, and leading judicial opinions, deftly navigating between major codes and significant academic commentary. The analysis shows that although sanctions appear to be codified, they operate with limited force in the real world because of vague language, poorly trained investigators, and an enduring pattern within government agencies to rely on softer administrative fines before resorting to stricter penalties. On that ground, the paper insists that criminal tools must still act as an ultimum remedium if Indonesia hopes to defend the rule of law and head toward truly sustainable land management. To make the system stronger, the author(s) calls on lawmakers to clarify enforcement paths, improve coordination between ministries, and fund training for the officers who face spatial violations day after day.  
Party Autonomy, Separability, and Justice in Letter of Credit Dispute Supriyadi, Mohammad Wangsit; Velentina, Rouli Anita; Kumar, Sanjeev; Chhachhar, Varun
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).29415

Abstract

International commercial disputes frequently involve multiple interconnected yet legally independent agreements, including engineering, procurement, and construction (EPC) contracts, letters of credit (L/Cs), and bank account agreements. Although the principle of party autonomy permits contracting parties to select their preferred dispute resolution forum, conflicting jurisdiction clauses across related agreements create fragmented jurisdiction and legal uncertainty. This study examines the legal problem of determining the competent forum when forum selection clauses in interconnected contracts are inconsistent. Using a normative juridical method and a case study of Central Jakarta District Court Decision No. 362/Pdt.G/2017/PN Jkt.Pst., affirmed on appeal, cassation, and judicial review, the research analyzes judicial reasoning in resolving competing jurisdictional claims. The findings reveal that the court asserted jurisdiction by treating the L/C as an integral component of the EPC payment mechanism, thereby subordinating disputes arising from the L/C and related banking arrangements to the forum selection clause in the EPC contract. This reasoning overlooks the principles of party autonomy and the autonomy (separability) of letters of credit, potentially undermining legal certainty in international commercial transactions. The study contributes to private international law scholarship by proposing a more coherent framework for resolving fragmented jurisdiction through greater recognition of the separability principle and the independent legal character of banking instruments.
Co-Authors Adymas Hikal Fikri, Muhammad Ali Masyhar Aprila Niravita Aprila Niravita, Aprila Kumar, Niharika Kumar, Sanjeev Negi, Monika Rodiyah - Sankrit, Swikar Singh, Prashant Suhadi Suhadi Supriyadi, Mohammad Wangsit Velentina, Rouli Anita Verma, Karishma