cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sukiyawati
Contact Email
sukiyawatiindah2103@gmail.com
Phone
+6287800185319
Journal Mail Official
justisia@justisialegalresearch.com
Editorial Address
Sapati Manjawari Street No. 14A, 93724 Baubau City, Southeast Sulawesi Province
Location
Kota bau bau,
Sulawesi tenggara
INDONESIA
Justice Law Review
Published by PT Justitia Legal Research
ISSN : -     EISSN : 31107214     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justice Law Review is an academic journals published twice a year (June and December) by the PT Justitia Legal Research . This journal emphasizes specifications in the Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, State Administrative Law, Criminal Procedure Law, Commercial Law, Civil Procedure Law, Customary Law, and Environmental Law. This journal openly accepts the contributions of experts from related disciplines. All published articles do not necessarily represent the views of journals, or other institutions that have links to journal publications.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 16 Documents
 1   2 
Business Dispute Resolution Outside the Court: An Analysis of Arbitration and Mediation in Indonesia Muhammad Gustiar; Muh Sutri Mansyah; La Ode Bunga Ali
Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v1i2.24

Abstract

The increasing complexity of business activities in Indonesia has resulted in a growing number of commercial disputes that require effective and efficient resolution mechanisms. Litigation through state courts is often considered inadequate for business disputes due to lengthy procedures, high costs, rigid formalities, and potential damage to business relationships. This study examines the effectiveness of arbitration and mediation as alternative dispute resolution mechanisms in resolving business disputes in Indonesia. Using a normative juridical research method, this paper analyzes statutory regulations, particularly Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, supported by legal doctrines and relevant scholarly works from Indonesian legal journals. The findings indicate that arbitration provides legal certainty through binding and enforceable decisions, making it suitable for complex commercial disputes, while mediation offers flexibility and relationship-oriented solutions that support the continuity of business cooperation. However, the study also identifies several challenges, including limited awareness among business actors, enforcement issues, and institutional constraints that hinder the optimal implementation of both mechanisms. This paper concludes that arbitration and mediation should be applied in a complementary manner rather than as competing mechanisms. Strengthening legal awareness, institutional capacity, and contractual design is essential to enhance the effectiveness of arbitration and mediation in supporting a stable and sustainable business dispute resolution system in Indonesia.
State Authority in Regulating International Business Transactions: Between Sovereign Regulatory Power and International Commercial Norms Muhammad Rafly Faeruz Zaman; Wafda Vivid Izziyana
Justice Law Review Vol. 2 No. 1 (2026): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v2i1.25

Abstract

This article examines the dynamics of state authority in regulating international business transactions at the intersection between sovereign regulatory power and international commercial norms. On one hand, the state holds a constitutional mandate to establish regulations that ensure legal certainty, protect national interests, and maintain domestic economic stability. On the other hand, economic globalization demands harmonization with commercial norms shaped by lex mercatoria, multilateral trade agreements, and transnational contractual standards. Tensions arise when domestic policies that are protective or interventionist are perceived as potential barriers to the flow of international investment and trade. Through a normative juridical approach and comparative analysis, this article explores how states navigate their regulatory space to preserve normative sovereignty while remaining aligned with international commercial principles emphasizing efficiency, predictability, and non-discrimination. The findings indicate that the effectiveness of domestic regulation in international business transactions depends largely on the ability of states to adopt adaptive, proportional, and internationally consistent regulatory models. Thus, the dialogue between sovereign regulatory power and international commercial norms is not merely a site of conflict, but an opportunity to build a more responsive national legal regime in the face of global economic dynamics.
Harmonization of National Law and Global Trade Standards in International Business Transactions Aurora Fatya Jenar; Wafda Vivid Izziyana
Justice Law Review Vol. 2 No. 1 (2026): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v2i1.26

Abstract

This study analyzes the alignment between national legal frameworks and global trade standards in the context of international business transactions. The research identifies the growing importance of regulatory consistency as countries integrate more deeply into global markets. The study employs a qualitative descriptive approach supported by document analysis to examine legal structures, trade instruments, and institutional mechanisms that influence harmonization. Findings indicate that national regulations have increasingly adapted to global trade norms, particularly in areas related to tariff systems, customs procedures, product quality standards, and dispute settlement mechanisms. This alignment strengthens legal certainty for businesses and enhances access to international markets. The analysis further shows that harmonization contributes to more efficient supply chain management, reduces transaction costs, and improves product competitiveness. Evidence reveals uneven adaptation across sectors, showing that industries already engaged in global markets adjust more rapidly than those focused on domestic production. The study identifies challenges related to regulatory complexity, institutional coordination, and readiness among domestic industries. These challenges require systematic policy reform, institutional synergy, and continuous engagement with international organizations. The research concludes that harmonization is not only a legal adjustment process but also a strategic economic instrument that strengthens national competitiveness in the global trading system. The process creates a more predictable business environment, enhances the credibility of national products, and supports sustainable economic development through deeper integration with global markets.
The Urgency of Due Diligence in Minimizing Legal Risks in the International Pre-Contractual Stage R. Odityo Valen Aprian Jaya; Wafda Vivid Izziyana
Justice Law Review Vol. 2 No. 1 (2026): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v2i1.27

Abstract

This research aims to analyze the urgency of Due Diligence as a legal risk mitigation instrument in the pre-contractual stage of international business transactions. Cross-jurisdictional complexities often create information asymmetry leading to commercial disputes. The research method used is normative juridical with statutory and case approaches to examine the application of the precautionary principle. The results show that the majority of cross-border disputes are caused by failures to verify legal capacity, asset status, and regulatory compliance of foreign partners. The discussion emphasizes that Due Diligence findings must be concretely integrated into contract clauses, specifically Representations and Warranties. The conclusion asserts that Due Diligence is an absolute prerequisite (sine qua non) to ensure the validity of the agreement's subject and object, as well as to protect parties from potential financial losses and extraterritorial legal sanctions before the final agreement is signed.
The Balance Between Judicial Process Efficiency And Justice In The Implementation Of Plea Bargaining In The National Criminal Code (KUHP) Hendra; Tri Nugroho Akbar; M. Martindo Merta
Justice Law Review Vol. 2 No. 1 (2026): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v2i1.30

Abstract

The implementation of plea bargaining in Indonesia's criminal justice system, although offering efficiency in resolving cases, must be carried out with caution to ensure a balance between the efficiency of the judicial process and fairness for the defendant. This mechanism, which is included in Article 199 of the Draft Criminal Procedure Code (RKUHAP), aims to expedite the judicial process by allowing case resolution through an agreement between the public prosecutor and the defendant. However, the main challenge in its implementation is ensuring that plea bargaining does not sacrifice the defendant's rights, especially in cases involving serious crimes. Therefore, while this mechanism can reduce case backlogs and speed up legal processes, it is crucial to maintain transparency, protect human rights, and prevent system abuse. Clear regulations in the RKUHAP and strict supervision from the judiciary and society are essential to ensure that the application of plea bargaining aligns with the principles of substantive justice, without infringing on the defendant's rights.
Problems In The Execution Of Administrative Court Decisions In Employment Disputes David Pasaribu; Irene Cristna Silalahi
Justice Law Review Vol. 2 No. 1 (2026): Justice Law Review
Publisher : PT Justitia Legal Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64317/jlr.v2i1.28

Abstract

The Administrative Judiciary (Peratun) plays an important role in resolving disputes between citizens and government agencies/officials, including employment disputes. However, in practice, it is often the case that Peratun decisions that have permanent legal force are not voluntarily implemented by government agencies/officials. This results in several problems, including a decline in the court's authority and a loss of public confidence. One of the main causes is non-compliance by officials. In addition, the lengthy dispute resolution process, especially with ordinary proceedings, often makes it impossible to enforce the decision, because the plaintiff has reached retirement age, their term of office has expired, or their position has been filled by someone else. This normative study found that the expedited examination mechanism stipulated in Law Number 5 of 1986 on Administrative Courts and its amendments (Peratun Law) only applies at the first level, so that the appeal and cassation processes still take a considerable amount of time. Another factor is the absence of coercive measures such as those found in the general courts. Enforcement in the Administrative Court relies solely on coercive fines and/or administrative sanctions, so that the Administrative Court often has to rely on the superiors of the defendant, up to the President and the House of Representatives, to urge the implementation of the decision. To overcome this, it is necessary to limit legal remedies, create synergy between the judiciary and the executive, and improve the quality of the decisions themselves, which must be based on philosophical, sociological, and juridical aspects.

Page 2 of 2 | Total Record : 16

 1   2 

Filter by Year

2025 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 1 (2026): Justice Law Review Vol. 1 No. 2 (2025): Justice Law Review Vol. 1 No. 1 (2025): Justice Law Review