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INDONESIA
Indonesian Law Journal
Published by Badan Pembinaan Hukum Nasional
ISSN : 19078463     EISSN : 27228568     DOI : https://doi.org/10.33331/ilj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Law Journal (ILJ) is a peer-reviewed journal published in English and devoted primarily to disseminate scientific articles and analysis of issues in law and legal studies from academicians, researchers, observers, practitioners, all pattrons in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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INVESTASI DAN HAK ASASI MANUSIA: MENCARI TITIK TEMU ANTARA PERATURAN PRESIDEN NO. 60 TAHUN 2023 TENTANG BISNIS DAN HAK ASASI MANUSIA DAN PROGRAM BUSINESS READY Muhammad, Fahrurozi
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i2.147

Abstract

Indonesia has enacted Presidential Regulation No. 60 of 2023 on Business and Human Rights National Strategy. This regulation is intended to enhance efforts of human rights protection in business practices inspired by United Nations Guiding Principles on Business and Human Rights. In the same year, the World Bank also introduced Business Ready, which serves as Indonesia’s primary policy for investment. Through the utilization of the normative juridical method and secondary data analysis, this study examines the substance of the Presidential regulation and the World Bank's initiative. This research is aimed to find the intersection between Indonesia's concern for protecting human rights and boosting the economy through its Presidential Regulation and its national investment policy. It finds that the Regulation lacks of mandate for human rights due diligence. Additionally, it notes that the B-Ready initiative primarily emphasizes economic, labor, and consumer protection rights, without comprehensively addressing broader human rights enforcement.
The LEGAL IMPLICATION of US-CHINA TRADE WAR ON INDONESIA’S POLICY RELATING TO PALM OIL INDUSTRY Widayat, Wisnu; Hartati, Besse; Adillah, Muhammad Arief
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i2.149

Abstract

Indonesia has been the largest producer and exporter of Crude Palm Oil (CPO) in the world since 2006.However, Indonesia faces complex challenges related to global CPO trade, starting from the global issue of China and the United States trade war, Including other strategic issues. The impact of the complexity of the US and China trade war is hitting Indonesia where palm oil from Indonesia is considered to be old and not environmentally friendly. This will impact market demand and disrupt the stability of national production. So an appropriate policy strategy is needed to manage this. The research objective is used as consideration for stakeholders in reviewing Indonesia's CPO policy in anticipation of the future. The research method uses a sociolegal approach. The research results show that the reasons for the decline in Indonesian CPO exports are the rejection of several European Union countries, which prevented the entry of Indonesian CPO and the influence of the China and United States trade war where soybean and sunflower oil are abundant as boycott between China and the US. Then, to fight against the European Union, Indonesia filed a lawsuit with the WTO, then certification of Palm Oil Plantations in Indonesia as part of the resistance will certainly have a positive impact on Indonesian CPO and developing biodiesel so that CPO consumption is used domestically.
HANDLING OF ROHINGYA REFUGEES IN INDONESIA AS A TRANSIT COUNTRY Puspita, Rona; Nofli
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.150

Abstract

Indonesia has long been a transit location for many refugees, including those from the Second Indochina War, especially Vietnam and Cambodia, who began entering Indonesian territory in 1975. Currently, refugees from Myanmar, namely the Rohingya, are starting to enter Indonesia because their country is experiencing a civil war conflict in which prolonged. As a transit destination country, Indonesia cannot refuse them because of international conventions that the government complies with, but as time goes by Indonesia experiences overcapacity in refugee matters and the final destination country does not immediately make a decision regarding the fate of these refugees. So there is a need for assistance and solutions from the Indonesian government regarding this matter refugees. The aim of this research is to analyze in depth the refugee phenomenon in Indonesia and provide solutions related to this problem through an academic perspective. The research method is a sociolegal approach regarding legal policies regarding refugees in Indonesia. The results of the research are that there are several steps that need to be taken refugees, including reactivating islands in Indonesia as transit locations past experiences during the Vietnam war, efforts to ratify the convention on refugees because Indonesia is not a signatory country, then clarifying the presidential regulation on refugees so that its implementation is clearer.
HAK PERNIKAHAN PENGUNGSI ROHINGYA DI INDONESIA Sari, Fitri Amalia
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.152

Abstract

The UN Refugee Agency (UNHCR) reports that the number of Rohingya refugees who have come to Indonesia since November 2023 has reached 1,200 people. The arrival of Rohingya refugees to Indonesia is a serious problem that highlights humanitarian and international legal challenges. This often occurs as part of forced migration resulting from conflict, violence and human rights violations in their countries of origin, particularly in Myanmar. On May 17, 2024, two Rohingya ethnic refugee couples who were in the West Aceh Regent's Office Complex refugee camp, Meulaboh got married. However, there are no provisions in the Indonesian state that regulate the marriage of Rohingya immigrant couples. The aim of this research is to investigate the legal framework that regulates marriage rights for Rohingya refugees in Indonesia. It covers existing laws and policies and evaluates the extent to which the legal framework recognizes their marriage rights and the factors that constitute the legal challenges faced by Rohingya refugees in obtaining legal recognition of their marriages in Indonesia
LEGAL AND PRACTICAL IMPLICATIONS OF THE ICJ ON SOUTH AFRICA'S LAWSUIT AGAINST ISRAEL REGARDING PALESTINE Irianto, khairunnisa
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.153

Abstract

The International Court of Justice's temporary ruling on South Africa's lawsuit against Israel and Palestine asks Israel to take all steps to prevent genocide in the vast territory of the Gaza Strip. Israel must also prevent and punish those who publicly incite genocide in Gaza and increase the inflow of humanitarian aid to residents. The aim of this research is to examine the legal implications and impacts of the temporary decision of the International Court of Justice (ICJ). As well as its practical implications in efforts to achieve peace and justice in the region. The conclusions of this research provide in-depth insight into the relevance of international law in resolving the long-standing political and humanitarian tensions between Palestine and Israel.
GUARANTEEING ADHERENCE TO HUMAN RIGHTS STANDARDS IN INFRASTRUCTURE PROJECTS: A LEGAL EXAMINATION OF THE NATIONAL STRATEGY FOR BUSINESS AND HUMAN RIGHTS IN INDONESIA'S PUBLIC-PRIVATE PARTNERSHIP LEGAL FRAMEWORK Sihombing, Putrida
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i2.154

Abstract

This study analyses the integration of human rights principles into Indonesia’s Public-Private Partnership (PPP) legal framework, focusing on the implementation of Presidential Regulation No. 60 of 2023. The findings indicate that aligning the regulation Indonesia’s PPP framework with international human rights standards, is significant step towards. Key provisions include mandatory human rights due diligence, and the accountability of both public and private actors in projects. Despite this progress, the study identifies that the existing legal framework, such as Presidential Regulation No. 38 of 2015, remains predominantly focused on economic and technical aspects, with limited attention to social and environmental impacts. This gap underscores the need for further efforts to incorporate comprehensive human rights impact assessments and stakeholder engagement into the PPP framework. By drawing on international best practices, the study recommends strengthening legal and institutional mechanisms to ensure PPP projects contribute to equitable, inclusive, and sustainable development.
INDIGENOUS FORESTS AND CARBON TRADING: ASSESSING THE POTENTIAL FOR HUMAN RIGHTS VIOLATIONS Rangkuti, Liza Hafidzah Yusuf; Batubara, Dinda Aprilia; Syam, Farhans Mahendra
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i2.156

Abstract

To promote national economic growth, the Indonesian government has introduced several laws, including investment policies related to carbon trading in indigenous forests. This article explores the legal concerns surrounding how investment strategies involving carbon trading in these forests could potentially lead to human rights violations, especially affecting Indigenous Peoples (IP). This study utilizes normative research methods and a case approach, with data collected through library research. This study shows that indigenous peoples gain both economically and environmentally from investment strategies involving carbon trading in indigenous forests. However, it may result human rights violations against IP. The state's failure to fully recognize Indigenous Peoples's rights has delayed the official acknowledgment of Indigenous Territories and Indigenous Forests. In contrast, business licenses for companies in the forestry sector trading carbon in Indonesia are processed quickly. This discrepancy can lead to potential human rights violations against IP, including threats to their indigenous forests and unfair access to social forestry management licenses.
Bahasa Inggris Rahman, Rafika Rizky Aulia; Iswara, Rizka
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.160

Abstract

The migration of a group of people to another country's territory has become a multidimensional phenomenon, as has the development of world politics. The arrival of the Rohingya community represents a conflict that the international community, including Indonesia, is currently grappling with. The influx of Rohingya refugees and asylum seekers, a result of the conflict in Myanmar, presents a new challenge for Indonesia. Although Indonesia did not ratify the 1951 Refugee Convention, it accepted their arrival as a form of concern for the humanitarian problems that occurred. However, this has led to tensions between Indonesian citizens and Rohingya, necessitating the state's intervention to resolve them. This article adopts a normative approach by synchronizing applicable legal provisions with field practices. Legal sources, books, and credible research results provide the data for this article. This research seeks to understand Indonesia's role and responsibility in managing Rohingya, who are foreign refugees on its territory, and offers practical suggestions and solutions to address existing issues. Keywords: Humanity, Refugees, Rohingya, Sovereignty
ASSESSMENT OF INDONESIA'S LEGAL FRAMEWORK FOR HUMAN RIGHTS IN CORPORATE SETTINGS Chang, Soonpeel
Indonesian Law Journal Vol. 17 No. 2 (2024): Indonesian Law Journal Volume 17 No 2, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i2.161

Abstract

Indonesia has long upheld the protection of fundamental human rights and labor rights through its Constitution, laws, and regulations. In recent years, this commitment has evolved to incorporate global discourses on human rights in corporate and business contexts—such as the United Nations Guiding Principles on Business and Human Rights (UNGP)—into its legal framework. Key milestones in this progression include the enactment of Presidential Regulation No. 60 of 2023 on the National Strategy for Business and Human Rights, the formation of bodies such as the National and Regional Task Forces on Business and Human Rights (Gugus Tugas Nasional and Gugus Tugas Daerah Bisnis dan Hak Asasi Manusia), and the introduction of mechanisms like the Business and Human Rights Risk Assessment (Penilaian Risiko Bisnis dan Hak Asasi Manusia). These efforts aim to align Indonesia’s approach with international standards on human rights due diligence. It is important to note that during the rapid industrialization of many advanced economies, corporations often operated with minimal regulatory oversight. In contrast, modern Indonesian companies face numerous legal frameworks while striving for similar economic growth. This contrast highlights the unique challenges Indonesian companies face in pursuing rapid economic growth while navigating an increasingly complex regulatory environment. Indonesia already has a robust foundation of regulations and policies aimed at safeguarding labor rights and improving working conditions. What the country needs is not another layer of regulations that risk confusing and burdening business players, but rather an effective system to enforce its existing legal framework to its fullest potential. Imposing extensive compliance requirements—such as responding to over 140 detailed inquiries and providing exhaustive evidence of human rights safeguards—could overwhelm Indonesian businesses and undermine their global competitiveness. Instead of directly replicating regulatory models from advanced economies, Indonesia should tailor its approach to align with its unique socio-economic landscape. This means prioritizing the optimization of current legal instruments, strengthening the rule of law, and enhancing legal certainty. These measures are more likely to foster sustainable development than introducing overly complex or burdensome new regulations that may not align with the nation’s current stage of growth.
“REFUGEE CRISIS”: RE-THINKING THE INDONESIA’S PERSPECTIVE Tisna, Ayu Bulan
Indonesian Law Journal Vol. 17 No. 1 (2024): Indonesian Law Journal Volume 17 No 1, 2024
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/ilj.v17i1.165

Abstract

Initiated by latest critical circumstances with Rohingyas, this study attempts to investigate the existing domestic policy and legal provision concerning refugees and asylum seekers in Indonesia. In this regard, qualitative and literature study has conducted, as well certain observation from empirical cases which also be adopted during this research. Whilst this research has found disadvantages over the refugee management in Indonesia and suggested the need for a better policy, rational decision-making model in this study offers a problem-solving focusing on objectivity and logic instead of subjectivity and intuition to achieve an intended and more appropriate arrangement to deal with the refugee crisis. Looking into the discursive refugee management of crises in Indonesia is important to understand their effects, at present and in the future. More than that, when it comes to policy, it is about capacity of the official policy on addressing issues to gain fruitful advantages for the country without violating human rights principles. Insight from maritime security is also being added to enrich the discussion on account that maritime is considered as crucial theatre regarding law enforcement at sea related to the main issue.

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