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All Journal Mahkamah: Jurnal Riset Ilmu Hukum Custodia: Journal of Legal, Political, and Humanistic Inquiry
Allaysha Adindaputri Kirani
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Law, Crime, Criminology & Criminal Justice

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Efektivitas Mediator dalam Hubungan Industrial: Rekonstruksi Peran Preventif dalam Mencegah Eskalasi Perselisihan Buruh Allaysha Adindaputri Kirani; Gunardi Lie
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/se4swy77

Abstract

This study examines the effectiveness of mediators in preventing the escalation of labor disputes within the framework of Indonesian industrial relations law. Employing a normative legal research method with statutory and conceptual approaches, the analysis focuses on the regulatory structure governing mediation, particularly Law Number 2 of 2004, Law Number 13 of 2003 as amended by Law Number 11 of 2020, and their implementing regulations. The findings reveal that mediation is formally recognized as a dispute resolution mechanism, yet its function remains predominantly reactive and oriented toward post-conflict settlement. From a conceptual perspective, legal effectiveness should also encompass the capacity of norms to prevent disputes from escalating through early intervention and structured dialogue. The study identifies normative gaps in the regulation of mediators, particularly regarding preventive roles, institutional integration, and competency development. The research argues for a normative reconstruction that strengthens the strategic role of mediators, incorporates restorative approaches, and supports digital mediation mechanisms. Such transformation is essential to ensure sustainable conflict prevention and to promote balanced industrial relations between workers and employers.  
Strategi E Commerce dalam Memilih Hukum dan Forum untuk Menghindari Konflik Yurisdiksi pada Transaksi Lintas Batas Allaysha Adindaputri Kirani; Gunardi Lie
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 2 (2026): April : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i2.1611

Abstract

This study aims to analyze e-commerce strategies in selecting applicable law and jurisdiction to avoid conflicts of jurisdiction in cross-border transactions. This study employs a normative legal method using legislative, conceptual, and comparative approaches to analyze the selection of applicable law and jurisdiction in cross-border e-commerce transactions. The data used consists of primary and secondary legal materials collected through a literature review. The analysis was conducted qualitatively using descriptive-analytical and legal interpretation methods, as well as deductive reasoning to formulate strategies for minimizing jurisdictional conflicts. The research findings indicate that the application of the principle of freedom of contract, combined with international instruments and digital technology, can serve as an effective strategy for e-commerce actors to minimize jurisdictional conflicts and litigation risks. This strategy not only provides legal protection, particularly for SMEs, but also enhances the trust of global partners and competitiveness in the international market through the use of clear contract clauses, hybrid forums, and technological support such as blockchain and ODR.
Co-Authors Gunardi Lie