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All Journal Media Hukum Indonesia (MHI)
Christie, Michelle
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Law, Crime, Criminology & Criminal Justice

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A Juridical Analysis of the Role of Incoterms 2000 in Risk Allocation Concerning Non-Tariff Barriers in Export-Import Transactions Christie, Michelle
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19435407

Abstract

The objective of this study is to analyze the role of Incoterms 2000 in the allocation of risks arising from non-tariff barriers in export-import transactions. As a form of international trade policy, non-tariff barriers manifest in various ways during the execution of transactions, such as shipment delays, detention, or rejection of goods in the destination country. These conditions not only impact technical aspects but also give rise to legal issues in the contractual relationship between the exporter and the importer. This study employs a normative legal research method using a legislative and conceptual approach. The results of the study indicate that Incoterms 2000 play a crucial role in determining risk allocation through the establishment of the point of risk transfer. With the provisions of Incoterms in place, it becomes clear which party is responsible should obstacles arise during the execution of a transaction. Therefore, selecting the appropriate type of Incoterms is vital to providing legal certainty and minimizing the potential for disputes in international trade in the future
Legal Protection for Fixed-Term Employment (PKWT) Workers Against Unilateral Contract Termination Based on Labor Law from a Labor Law Perspective Christie, Michelle
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19435783

Abstract

The prevalence of unilateral termination of employment contracts for workers with a Fixed-Term Employment Agreement (PKWT) indicates the weak legal protection in labor practices. This study aims to analyze the regulation of PKWT and the effectiveness of legal protection against unilateral contract termination from a labor law perspective. The method used is normative legal research with statutory and conceptual approaches. The results show that although the legislation regulates the prohibition of unilateral termination and the obligation to provide compensation, its implementation has not been optimal. This is influenced by workers’ low awareness of their rights, weak bargaining positions, and limited access to dispute resolution mechanisms. Therefore, strengthening supervision and increasing legal awareness are necessary to ensure more effective protection for workers.
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