FIAT JUSTISIA
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Legal Protection for Female workers in Indonesia (Study on the Rights of Female Workers in Tolitoli)
Full text linkThe lack of guarantees for female workers' rights remains a significant issue in Tolitoli Regency, encompassing concerns such as equal pay, decent work, maternity leave, childbirth and breastfeeding rights, social security, and protection against discrimination. This study, using a socio-legal approach with both qualitative and quantitative methods, finds that labor laws protecting female workers have not been fully implemented. Specifically, 90.2% of companies fail to provide maternity leave, and many others do not adhere to all relevant labor regulations. Key obstacles include limited awareness of rights, weak legal enforcement, and gender discrimination, along with a lack of employer responsibility. The study suggests that the Manpower Law can help create a more conducive environment for the protection of female workers' rights
Assistive Technology to Fulfill the Digital Human Rights of Persons with Disabilities in Indonesia
No full textThis article analyzes the challenges to achieving digital human rights equality for people with disabilities in Indonesia and evaluates the role of assistive technologies in addressing these issues. Digital human rights are recognized under international law and affirmed by the Indonesian Constitution, which obligates the state to protect and fulfill these rights. Using a normative juridical method based on secondary data and deductive analysis, the research identifies major obstacles, including limited inclusive digital platforms, discrimination, insufficient data on disability populations and needs, restricted access to information, and ongoing rights violations. The findings show that assistive technologies, such as KIAD, Hear Me, DIGI-EDVOT, TeDi, Dif-able, and I-CHAT, significantly enhance digital accessibility for individuals with physical and sensory disabilities. The research recommends that government policies be expanded to provide assistive technologies for people with mental and intellectual disabilities to reduce existing disparities and strengthen digital inclusivity
Reconstruction of Consumer Protection Law in the Settlement of Islamic Banking Disputes
No full textThe rapid growth of Islamic banking in Indonesia has not been matched by an adequate consumer protection framework, particularly in resolving disputes between customers and Islamic banking institutions. Law No. 8 of 1999 on Consumer Protection remains general and does not accommodate the specific characteristics of Islamic economic law, creating normative inconsistencies and ambiguity in dispute resolution. This study uses a normative legal approach to analyze legislation, DSN-MUI fatwas, and court decisions, and finds a regulatory gap rooted in contractual justice and maqashid syariah principles. This gap risks disadvantaging consumers, especially regarding transparency, the prohibition of usury, and protection from harmful practices such as gharar and maysir. The study concludes that reconstructing consumer protection law to incorporate Sharia-based norms and clearer dispute resolution mechanisms is essential for realizing a fair and sustainable Islamic banking system in Indonesia
Enhancing The Role Of Political Parties In Advancing Political Education As A Foundation For Democracy
Full text linkPolitical parties play a strategic role in democratic governance, serving as key instruments in fostering democracy. However, a decline in public trust has emerged due to the perception that political parties prioritize power politics over their educational function, reducing them to mere tools of political control. This study employs legislative, conceptual, and comparative approaches to develop a framework for strengthening the role of political parties, particularly in enhancing political education as a prerequisite for democracy. It examines two key issues: whether the current regulation of political party functions aligns with Indonesia’s democratic development model and how these functions can be reinforced to promote public political education. The findings indicate that the existing political party law has not effectively facilitated political education, failing to enhance civic awareness and responsibility in accordance with Indonesia’s democratic principles. To address this, the legal framework governing political parties must institutionalize political education and ensure that ethical and moral values serve as guiding principles in decision-making processes
Ethical Contracts vs. Commercial Realities in Indonesian Sharia Insurance
Full text linkThis article examined legal issues within Indonesia's Sharia insurance industry, focusing on implementing dual contracts combining tabarru’ (voluntary) and tijarah (business) agreements. The qualitative study used secondary data and a taxonomic technique to identify legal challenges. Ideally, the contract structure should separate the management of these two agreements, with tabarru’ as the primary contract and tijarah as supplementary. However, the findings revealed that Indonesia's takaful industry prioritized the supplementary tijarah contract over the primary tabarru’. This issue resulted in inadequate separation of tabarru’ and tijarah funds, leading to the mixing of returns from both sectors. This practice contradicted the fatwas issued by the National Sharia Council-The Indonesian Ulama Council (DSN-MUI) regarding Islamic insurance.Additionally, the article identifies ambiguities within some DSN-MUI guidelines. To address these issues, the article proposed an alternative contract scheme from the perspective of fiqh al-mu'amalah (Islamic economic law), suggesting that tabarru’ could be based on a fee (ujrah). In contrast, other contracts could be structured around profit and loss-sharing investment agreements
Implementation Of Dominus Litis Religious Court In Indonesia
No full textThe principle of judicial passivity is a fundamental tenet in Indonesian civil procedural law; however, judges are not passive throughout all trial stages and may adopt an active role at times. Similarly, judges in religious courts—judicial bodies under the Supreme Court—have begun to apply the principle of active judging. This raises the question of whether such judicial activism conflicts with civil procedural regulations in Indonesia. This paper examines the implementation of the Dominus Litis principle (active judge) within Religious Courts by analyzing various judicial decisions and considerations. Employing a qualitative juridical descriptive approach, the research finds that panels of judges in Religious Courts actively apply the Dominus Litis principle during conciliation, evidence assessment, legal counseling, and the mobile court program
A Human Rights Perspective on Granting Privileges to Descendants of PKI in Indonesia
Full text linkHuman rights, as inherent rights granted to all individuals by virtue of their existence, are enshrined in Law Number 39 of 1999 concerning Human Rights. In Indonesia, human rights remain a critical focus, particularly in addressing past gross human rights violations, which continue to be unresolved despite various regulations, including Presidential Letter Number 2 of 2023 and Presidential Decree Number 17 of 2022. These measures, aimed at non-judicial settlement of past violations, have sparked controversy, particularly regarding their compatibility with MPR Decree Number XXV/MPRS/1966. This research explores the challenges and implications of granting special rights to descendants of the PKI, raising the question of whether they are entitled to such privileges. The granting of these rights has provoked both positive and negative reactions within civil society, with the government's central policy seen as a step toward future improvements. Utilizing a normative legal research methodology, this research analyzes various sources such as books, journals, and newspapers, offering a comprehensive legal analysis. The research concludes that, under the principles of justice, benefit, and legal certainty, the Indonesian state’s provision of special rights to the descendants of the PKI is legally legitimate
The Role of Environmental Easement Rights in Building Environmental, Social, and Governance (ESG) Principles
No full textThis article critically explores the potential of environmental use rights as a legal mechanism to advance a more inclusive and sustainable Environmental, Social, and Governance (ESG) framework. Traditionally limited to physical access or utility purposes, use rights have yet to realize their ecological and social functions within environmental governance. Using a normative legal and conceptual approach, this study argues that environmental use rights can enhance landowner accountability for ecological integrity while institutionalizing ESG principles of stewardship, transparency, and responsibility. Positioned as a hybrid construct between private property rights and public environmental interests, these rights offer a transformative legal pathway toward ecological justice and participatory land governance. Recognizing their normative and ecological value can empower communities to monitor land use, mitigate spatial conflicts, and embed environmental considerations into ESG assessment structures
Comparative Insights of Perfume Formulations Protection in Trade Secret Laws in Indonesia, South Korea, and France
No full textThe perfume industry relies heavily on innovation and unique formulations, yet in Indonesia many micro and small businesses sell inexpensive refill perfumes that imitate well-known scents, raising concerns about trade secret infringement. This study assesses the effectiveness of legal protections for perfume formulations in Indonesia, South Korea, and France through a juridical-normative, comparative, and case study approach. The findings show that Indonesia’s protections under its Trade Secret, Trademark, and Patent laws remain weak due to limited enforcement and low awareness, while South Korea’s Unfair Competition Prevention and Trade Secret Protection Act and France’s implementation of Directive (EU) 2016/943 provide stronger mechanisms for safeguarding business secrets. The study offers a comparative framework that can guide the development of a more effective trade secret regime for perfume formulations in Indonesia
Legal Analysis of The Application of Islamic Economic Principles in International Trade Law to Realize Fair World Economic Development
Full text linkThe current international trade law tends to promote competition rather than cooperation, often leading to conflicts between parties to the agreement. The general principles underlying the agreement between parties in international trade law can be related to Islamic economic principles. The GATT and WTO treaties aim to regulate all sectors of global trade as they evolve, encompassing significant developments in international trade, particularly trade among countries with a Muslim majority population. Essentially, Islamic Agreement Law adheres to the principle of freedom of contract, as outlined in the provisions of the Lex Mercatoria and the Civil Code. Thus, the role of individuals in the agreement becomes crucial to understanding the value of the principle of freedom of contract, which is closely related to the principle of party consent. This article offers explanations and solutions to address the primary issues in current international trade agreement practices, grounded in the principles of Islamic Economics. The analytical study will use normative juridical methods and Islamic law. The concept of Islamic Economics is overly concerned with the balanced protection of the parties. In its strategic position, Islamic economic principles can be applied in international trade cooperation relations not only in countries where most of the population is Muslim, but also in Muslim minority countries