Literacy : International Scientific Journals of Social, Education, Humanities
Vol. 3 No. 3 (2024): December : LITERACY : International Scientific Journals of Social, Education, H

Between Global Competition and National Justice: The Legal Protection Dilemma in Indonesia

T. Keizerina Devi Azwar (Unknown)
Utary Maharany Barus (Unknown)



Article Info

Publish Date
30 Dec 2024

Abstract

This article examines Indonesia’s legal-protection dilemma amid intensifying global competition. Addressing a gap in prior literature that treats globalization’s legal effects descriptively, we evaluate the effectiveness of Indonesia’s legal protection through the lenses of legal certainty (Radbruch), distributive justice (Rawls), and institutional quality (North). Using a normative juridical method—statute, conceptual, and comparative approaches—our analysis of WTO-related disputes and domestic regulatory practice shows: First, persistent disharmony and overlap across trade, investment, and IPR regimes; Second, weak and uneven enforcement that erodes legal certainty; and Third, structural asymmetries in international fora impacting national justice goals. We propose targeted reforms: accelerated regulatory harmonization aligned with international commitments, capacity-building for trade-remedy and IPR enforcement, and calibrated safeguards for MSMEs within ASEAN and WTO frameworks. These steps reconcile competitiveness with national justice, strengthening Indonesia’s legal readiness in a globalized economy.

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Journal Info

Abbrev

LITERACY

Publisher

Subject

Humanities Education Social Sciences

Description

Humanities : Theology Philosophy History Philology Linguistics Literature Art Psychology Archaeology Education: Education Policy and Leadership Business Education Educating the educators Professional Development for teachers in ICT Teacher Evaluation Virtual and remote laboratories Pedagogy ...