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Damhil Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 28087143     DOI : https://doi.org/10.56591/dlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such as civil law, criminal law, constitutional and administrative law, customary law, air and space law, Islamic law, international law, legal pluralism, and other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "volume 6 issue 1 2026" : 2 Documents clear
Critical Review of Applying Party Autonomy and Lex Fori in Indonesia's Cross-Border Business PIL Bill Jilmaini Asuna; Inayah Samir
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.3238

Abstract

This research critically examines the application of the party autonomy principle and the lex fori principle in the Draft Law on Indonesian Private International Law (RUU HPI) and its implications for cross-border business transactions. As the first codification of private international law in Indonesia, the RUU HPI systematically regulates the choice of law and jurisdiction, but creates tension between the freedom of the parties and state sovereignty. This normative legal research uses a statutory, conceptual, and comparative approach, with primary legal materials in the form of the RUU HPI, the Rome I Regulation, and related international instruments. The analysis is conducted qualitatively with grammatical, systematic, and teleological interpretations. The results of the research show that in the principle of party autonomy, the RUU HPI recognizes the freedom to choose the law, but restrictions through public policy and lois de police are formulated without clear parameters, thus potentially reducing legal predictability. In the principle of lex fori , the RUU HPI grants broad jurisdiction to Indonesian courts through exclusive jurisdiction and the doctrine of forum non conveniens , but does not explicitly regulate respect for the choice of court agreement of the parties. The imbalance between these two principles risks reducing Indonesia's attractiveness as a dispute resolution forum. This study recommends reformulating the limits of party autonomy with objective criteria, proportional limitations on exclusive jurisdiction, and explicit recognition of the parties' choice of forum to create a balance between freedom of contract and state sovereignty in the HPI Bill.
Legal Mechanisms for Carbon Trading in Indonesia: Accountability or Greenwashing? Handipan H. Ali; Asrul Aswar
Damhil Law Journal Volume 6 Issue 1 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v6i1.3218

Abstract

Indonesia has rapidly developed a legal framework for carbon trading, including Presidential Regulation No. 98 of 2021, its successor No. 110 of 2025, and the launch of the Indonesia Carbon Exchange. However, serious concerns persist regarding whether this framework ensures genuine environmental accountability or merely facilitates corporate greenwashing. This article employs a doctrinal legal research methodology, supplemented by comparative analysis with the California Cap and Trade program and case studies of Indonesian offset projects. The analysis reveals two fundamental weaknesses. First, accountability mechanisms, including monitoring, reporting, and verification, lack independence. Reversal liability rules for forest based credits are absent, and no dedicated dispute resolution body exists. Second, the framework contains no mitigation hierarchy, no anti greenwashing provisions, and no mandatory disclosure of credit types or retirement dates. These structural flaws enable companies to claim carbon neutrality without meaningful internal decarbonisation. The article concludes that Indonesia's carbon trading mechanism currently prioritises market formation over environmental integrity. Urgent reforms are recommended, including an independent verification body, a binding mitigation hierarchy, and explicit anti greenwashing rules. Without such reforms, carbon trading risks becoming a tool for reputational laundering rather than genuine climate action.

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