Jurnal Paradigma Hukum Pembangunan
type: channel
description: Paradigma Jurnal Paradigma Hukum Pembangunan Sinta
language: en
publication name: Jurnal Paradigma Hukum Pembangunan
copyright: Diperbolehkan atau tidak mempublikasikan tulisan di resopitory instansi penulis
items: THE CONVERSION OF THE PAJANG BEACH BORDER AREA INTO A PUBLIC FACILITY IS REVIEWED FROM THE BENGKULU CITY RTRW REGULATION NUMBER 4 OF 2021
items: ANALYSIS OF THE IMPACT OF TERMINATION OF EMPLOYMENTPT SRI REJEKI ISMAN TBK (SRITEX) AGAINST SOCIAL AND ECONOMIC STABILITY IN CENTRAL JAVA
items: THE DYNAMICS OF GLOBAL CRIMINAL LAW ENFORCEMENT THROUGH THE ACTIVE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN RESPONDING TO THE CHALLENGE OF CRIMES AGAINST HUMANITY IN THE CONTEMPORARY ERA
items: GLOBAL DISTRIBUTION AND CROSS-COUNTRY COLLABORATION ON DATA AND ARTIFICIAL INTELLIGENCE ETHICS RESEARCH: A BIBLIOMETRIC ANALYSIS
items: THE BRICS ERA: INDONESIA’S PATH TO SUSTAINABLE TRADE LAW AND DEVELOPMENT
items: FINANCING ENERGY TRANSITION: THE NUTS AND BOLTS OF TAX EQUITY FINANCING IN THE U.S. RENEWABLE ENERGY LANDSCAPE AND ITS FUTURE OUTLOOK
items: REGULATORY MODEL FOR THE UTILIZATION OF LAND BANK MECHANISMS IN INDONESIA TO PREVENT AND AVOID LAND MAFIA PRACTICES: A COMPARATIVE STUDY BASED ON LAND GOVERNANCE
items: ARBITRATION DISPUTE RESOLUTION MECHANISM IN FOREIGN INVESTMENT BASED ON INTERNATIONAL TRADE LAW
items: ANALYSIS OF THE CHALLENGES OF APPLYING THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT TO THE CRIME OF GENOCIDE AGAINST NON-PARTIES IN ORDER TO REALIZE GLOBAL LEGAL JUSTICE
items: BRIDGING AND NAVIGATING THE SUSTAINABLE FINANCIAL SECTOR: STRATEGIC ROLE OF FINANCIAL SECTOR LEGAL CONSULTANT
items: ANALYSIS OF INTERNATIONAL CRIMINAL LAW ENFORCEMENT AGAINST WAR CRIMINALS THROUGH THE AUTHORITY OF THE INTERNATIONAL CRIMINAL COURT TO REALIZE THE PROTECTION OF HUMAN RIGHTS
items: EU DEFORESTATION REGULATION AND PALM OIL: ENVIRONMENTAL PROTECTION OR NON-TARIFF BARRIER?
items: ANALYSIS OF THE VICTIMOLOGY APPROACH THROUGH THE CONCEPT OF RESTORATIVE JUSTICE ON THE DETERMINATION OF SANCTIONS AND THEIR BENEFITS FOR THE RECOVERY OF VICTIMS OF ENVIRONMENTAL CRIMES IN INDONESIA
items: THE URGENCY OF THE RATIFICATION OF THE ROME STATUTE BY INDONESIA IN THE PERSPECTIVE OF INTERNATIONAL CRIMINALLAW ENFORCEMENT
items: THE ROLE OF LAW IN INTERNATIONAL BUSINESS TRANSACTIONS IN THE SETTLEMENT OF INTERNATIONAL DISPUTES
items: LEGAL SETTLEMENT OF TAX AVOIDANCE PRACTICES BY FOREIGN WORKERS WORKING IN INDONESIA
items: GENDERED AI GOVERNANCE: INDONESIA'S HUMAN SECURITY FRAMEWORK
items: ORGANIZED TRANSNATIONAL CRIME IN THE DIGITAL ERA: ANALYSIS OF CYBERCRIME TRENDS AND HUMAN TRAFFICKING IN 2025–2026
items: DISCRIMINATION AGAINST DOMESTIC WORKERS: STRUCTURALINEQUALITY AND THE URGENT NEED FOR PRIVATE LEGAL PROTECTIONTHROUGH INDONESIA’S DOMESTIC WORKER PROTECTION BILL
items: EU CSDDD POSTPONEMENT: IMPLICATIONS FOR SOUTHEAST ASIAN WORKERS’ HUMAN SECURITY
items: SOIL DEGRADATION RISK AND HUMAN SECURITY IMPLICATIONS OF LAND USE IN SAMARINDA'S STEEP SLOPES
items: From I DO to I DON’T: Recognition of Foreign Divorce in the Philippines
items: DEFORESTATION AND COMPENSATION FOR THE SURROUNDING COMMUNITY FROM A LEGAL PERSPECTIVE
items: Digital Justice and Human Security: Evaluating E-Court Reforms in Italy and Indonesia

THE CONVERSION OF THE PAJANG BEACH BORDER AREA INTO A PUBLIC FACILITY IS REVIEWED FROM THE BENGKULU CITY RTRW REGULATION NUMBER 4 OF 2021
type: item
description: The coastal border zone is a protected area that plays a vital ecological role in maintaining coastal stability, preventing abrasion, and protecting coastal ecosystems. Pajang Beach, located in Bengkulu City, faces significant pressure from function conversion due to the permanent construction of public facilities in an area legally designated as a local protection zone. This study aims to analyze the conformity of the conversion of the Pajang Beach border zone with the provisions of Bengkulu City Regional Regulation Number 4 of 2021 on the Regional Spatial Planning (RTRW) of Bengkulu City for 2021–2041, and to examine the legal consequences arising from such violations. The method employed is normative legal research using a statute approach and a conceptual approach. The results indicate that the construction of public facilities in the Pajang Beach border zone is contrary to Bengkulu City RTRW Regional Regulation Number 4 of 2021 and Presidential Regulation Number 51 of 2016 on Coastal Border Limits. Legal consequences include the nullification of spatial use permits by operation of law, the obligation to restore the zone, administrative sanctions, criminal penalties, and environmental rehabilitation obligations under the polluter pays principle.
subject: Articles
  topic: section
subject: Function Conversion
  topic: keywords
subject: Coastal Border
  topic: keywords
subject: Public Facilities
  topic: keywords
subject: RTRW Bengkulu City
  topic: keywords
subject: Regional Regulation No. 4 of 2021
  topic: keywords
creator: Wahyu Ageng Rizki Dian Pradana
creator: Ridho Saputra
creator: Yolanda Febriani
creator: Wulandari
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-13
publication date: 2026-05-13
starting page: 376
ending page: 384
doi: 10.25170/paradigma.v11i1.7158

ANALYSIS OF THE IMPACT OF TERMINATION OF EMPLOYMENTPT SRI REJEKI ISMAN TBK (SRITEX) AGAINST SOCIAL AND ECONOMIC STABILITY IN CENTRAL JAVA
type: item
description: This study examines the underlying factors of the bankruptcy of PT Sri Rejeki Isman Tbk (Sritex) and its implications for mass layoffs and socio-economic stability in Central Java during the 2024-2025 period. The bankruptcy verdict issued by the Semarang Commercial Court on October 21, 2024 represents the culmination of years of accumulated financial, structural, and external pressures. This led to the termination of 10,669 employees across four Sritex Group entities, with all factory operations officially ceasing on March 1, 2025. The study employs a descriptive-qualitative approach through library research, drawing on primary sources including court decisions and official employment documents, and secondary sources comprising academic journals, national media reports, and government publications. Data analysis utilizes the interactive model of Miles and Huberman. Findings reveal that Sritex's collapse was triggered by four interrelated factors: an unsustainable corporate debt burden, a surge in Chinese textile imports following trade liberalization, COVID-19-induced supply chain disruption, and deficiencies in corporate risk management governance. The resulting social impacts are multidimensional, encompassing rising regional unemployment, heightened vulnerability among female workers, disruptions to the national textile supply chain, and growing social anxiety. This study recommends reforms to manufacturing industry protection policies, strengthening the employment social security system, and establishing structured mutigation mechanisms for corporate mass layoffs.
subject: Articles
  topic: section
subject: corporate bankruptcy
  topic: keywords
subject: mass layoffs
  topic: keywords
subject: textile industry
  topic: keywords
subject: socio-economic impact
  topic: keywords
subject: Indonesian employment
  topic: keywords
creator: Rafa Ardhian
creator: Miriam Mahalia
creator: Dava Fransisco
creator: Wulandari
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-10
publication date: 2026-05-10
starting page: 329
ending page: 342
doi: 10.25170/paradigma.v11i1.7157

THE DYNAMICS OF GLOBAL CRIMINAL LAW ENFORCEMENT THROUGH THE ACTIVE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN RESPONDING TO THE CHALLENGE OF CRIMES AGAINST HUMANITY IN THE CONTEMPORARY ERA
type: item
description: This study aims to analyze the dynamics of international criminal law enforcement by the International Criminal Court (ICC) throughout 2025. The main focus of the study lies in the effectiveness of the ICC in executing arrest warrants for major actors as well as the challenges faced by political pressure from superpowers and cyberattacks. Using normative legal research methods and case approaches, the results show that the ICC made significant progress through historic verdicts in the Darfur case and the arrests of important political figures. However, the agency's independence continues to be tested by international sanctions and digital security threats targeting sensitive witness data. The transformation of the ICC towards restorative justice is also an important note in the recovery of victims. The study concludes that despite the ICC's increased execution capacity, the protection of institutional integrity from external intervention remains a top priority for the future of global criminal law.
subject: Articles
  topic: section
subject: International Criminal Court
  topic: keywords
subject: Crimes against humanity
  topic: keywords
subject: Restorative justice
  topic: keywords
subject: rule of law
  topic: keywords
creator: Selpia Lestari
creator: Ayu Nurhaliza Tasimia
creator: Cindy Rotua Margaretta Tambunan
creator: Najwa Syabina Aulia
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-08
publication date: 2026-05-08
starting page: 321
ending page: 328
doi: 10.25170/paradigma.v11i1.7156

GLOBAL DISTRIBUTION AND CROSS-COUNTRY COLLABORATION ON DATA AND ARTIFICIAL INTELLIGENCE ETHICS RESEARCH: A BIBLIOMETRIC ANALYSIS
type: item
description: Publications on data and artificial intelligence ethics have grown in importance as more international entities seek to adopt new rules and create international frameworks to manage the same. Concerns remain, however, regarding the fragmented legal landscape and the absence of a unified set of standards for big data and artificial intelligence technology. This study examines data and AI ethical publishing and citation patterns from 1996 to 2022 (26 years). It highlights the leading countries and institutions, prominent research streams, and cross-country collaboration. Bibliometric analysis has been used to extract data from the Scopus database. patterns. A title search strategy using particular keywords was used to extract 331 records. The data was exported to VOS viewer software, Biblioshiny, and Excel for a thorough scientific analysis. This study fills the gap by addressing the issue of international collaboration in data and AI ethics research, as well as cultural diversity perspectives in international studies. The findings revealed that 633 authors from 40 countries have contributed to data and AI ethics documents. This shows that only a few countries contributed to global research trends in data and AI ethics, indicating a dearth of different perspectives. Western colleges ' computer science and philosophy professors affect data and AI ethics discussions in technology and society journals. Oxford and Cambridge universities offer key viewpoints on the subject, while merely three main clusters of cross-country collaboration took place. This study highlighted the practical implications of increasing international collaboration in data and AI ethics research to create a more inclusive and equitable global framework. The study is the foundation for increased collaboration, which may dispel negative stereotypes, develop social cohesion, promote tolerance, and foster improved decision-making and problem-solving.
subject: Articles
  topic: section
subject: Ethics, Technology, Collaboration, Culture, Policy, Diversity, Digital Divide
  topic: keywords
creator: Ratnaria Wahid
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-26
publication date: 2025-04-26
doi: 10.25170/paradigma.v10i1.7153

THE BRICS ERA: INDONESIA’S PATH TO SUSTAINABLE TRADE LAW AND DEVELOPMENT
type: item
description: Indonesia’s decision to join BRICS signifies a major shift in its economic and geopolitical strategy, offering new trade opportunities, financial access, and diplomatic leverage among emerging economies. This study examines the benefits and challenges of Indonesia’s BRICS membership, focusing on trade relations, environmental sustainability, and labor rights. The research problem lies in how Indonesia can maximize BRICS advantages while mitigating economic and regulatory risks. Using a qualitative approach, this paper analyzes policy reports, trade data, and expert opinions to assess BRICS’s impact on Indonesia’s economy and governance. Results indicate that BRICS provides expanded market access and financing through the New Development Bank, yet challenges arise in balancing regional commitments, sustainable resource management, and labor protection. The study concludes that Indonesia must adopt a strategic approach by maintaining ASEAN and Western ties, fostering economic diversification, and implementing fair trade policies to optimize BRICS’ benefits while addressing potential drawbacks.
subject: Articles
  topic: section
subject: BRICS, Trade Law, Sustainability, Human Rights
  topic: keywords
creator: Maulina Inaya Yuniar
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-26
publication date: 2025-04-26
doi: 10.25170/paradigma.v10i1.7152

FINANCING ENERGY TRANSITION: THE NUTS AND BOLTS OF TAX EQUITY FINANCING IN THE U.S. RENEWABLE ENERGY LANDSCAPE AND ITS FUTURE OUTLOOK
type: item
description: Financing remains one of the biggest hurdles in the United States' transition to renewable energy, especially as clean energy projects often carry higher upfront costs than fossil fuels. To close this gap, developers rely heavily on government incentives like the Investment Tax Credit (ITC) and Production Tax Credit (PTC), often through tax equity financing structures. This paper explores how the Inflation Reduction Act 2022 has reshaped the renewable energy financing landscape, expanding access to tax credits, introducing transferability, and allowing more flexible funding models. It focuses on how these changes impact common structures like the partnership flip and give rise to new tools, such as tax credit transfer. The paper also looks ahead, considering how shifts in political leadership influence the future of these incentives and what that means for investors, developers, and the broader clean energy market.
subject: Articles
  topic: section
subject: Renewable Energy Financing, Inflation Reduction Act 2022, Tax Credits (ITC & PTC), Tax Equity Structures
  topic: keywords
creator: Stephen Sim
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-26
publication date: 2025-04-26
doi: 10.25170/paradigma.v10i1.7151

REGULATORY MODEL FOR THE UTILIZATION OF LAND BANK MECHANISMS IN INDONESIA TO PREVENT AND AVOID LAND MAFIA PRACTICES: A COMPARATIVE STUDY BASED ON LAND GOVERNANCE
type: item
description: The issue of the "Land Mafia" in Indonesia reflects legal uncertainty and structural inequality in land ownership. The establishment of the Land Bank Agency through Law Number 6 of 2023 concerning the Stipulation of Government Regulation, instead of Law Number 2 of 2022 concerning Job Creation and Government Regulation Number 64 of 2021, is a government effort to address this issue. However, the existence of this agency has sparked public concerns about the potential for abuse of authority and the return of discriminatory legalistic practices, similar to the principle ofdomain declaration, as revealed in the case of farmers in Konawe, Southeast Sulawesi.1The main problem faced is the absence of a holistic, transparent, and accountable regulatory model that can guarantee that the Land Bank truly functions for the greatest prosperity of the people, not for the interests of certain groups. This study aims to analyze, compare, and formulate a more effective manual regulation of the Land Bank. The research method used is normative juridical with a comparative approach to the Land Bank models in the Netherlands and France. The comparison shows fundamental differences: Indonesia applies a centralized model, while the Netherlands uses a decentralized model integrated with spatial planning, and France operates a semi-private hybrid model (SAFER) that has preferential rights and is supervised by a multi-stakeholder committee.1These findings highlight the advantages of the Dutch model, namely its adaptation to local contexts and efficiency in land consolidation, and the French model, which offers operational efficiency and robust oversight mechanisms. Based on these findings, this report proposes a "Hybrid-Decentralized Land Bank Regulatory Model." This model combines Dutch-style decentralization principles with a French-style multi- stakeholder oversight structure, grounded in fundamental theories of good governance. The success of Land Banks in Indonesia ultimately depends o…
subject: Articles
  topic: section
subject: Land Bank Agency, Land Mafia, Decentralization, Comparative Study
  topic: keywords
creator: Putri Purbasari R. M
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-13
publication date: 2025-10-13
doi: 10.25170/paradigma.v10i2.7150

ARBITRATION DISPUTE RESOLUTION MECHANISM IN FOREIGN INVESTMENT BASED ON INTERNATIONAL TRADE LAW
type: item
description: Settling foreign investment disputes in Indonesia, in the context of increasing economic globalization, requires mechanisms that comply with applicable regulations to avoid inequalities between regulations for the disputing parties. Using a normative juridical approach and contextual methods, this study aims to understand the forms of foreign investment dispute resolution, including deliberation, Alternative Dispute Resolution (APS), litigation, and arbitration. The results indicate that arbitration is the primary option for resolving foreign investment disputes in Indonesia, due to the existence of specialized arbitration institutions such as BANI, ICSID, and UNCITRAL, as well as the recognition and enforcement of international arbitral awards that can be executed in other countries. This study concludes that arbitration is an effective and efficient dispute resolution mechanism for resolving foreign investment disputes in Indonesia.
subject: Articles
  topic: section
subject: Arbitration, Foreign Investment, International Trade Law.
  topic: keywords
creator: Yunita Novia Sari
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-13
publication date: 2025-10-13
doi: 10.25170/paradigma.v10i2.7149

ANALYSIS OF THE CHALLENGES OF APPLYING THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT TO THE CRIME OF GENOCIDE AGAINST NON-PARTIES IN ORDER TO REALIZE GLOBAL LEGAL JUSTICE
type: item
description: <a href="https://ejournal.atmajaya-ac.site/index.php/paradigma/The crime of genocide is a serious violation that threatens humanity. This study aims to examine the application of the International Criminal Court's authority over non-party states along with analyzing its law enforcement challenges. This study uses a normative legal method through a statutory approach as well as a conceptual approach. The research results indicate two main conclusions. First, the court still has the authority to try genocide crimes in non-party states through referrals from the United Nations Security Council, expansion of incident territorial boundaries, specific state willingness, as well as through perpetrator citizenship ties. Second, the implementation of this authority faces various major obstacles such as the protection of state sovereignty, absence of local government cooperation, global political interest bias, up to evidence-gathering system weaknesses. To overcome these problems, the world requires a change in the referral system, an increase in interstate cooperation, while simultaneously strengthening domestic laws so perpetrators of crimes against humanity cannot escape prison sentences.">The crime of genocide is a serious violation that threatens humanity. This study aims to examine the application of the International Criminal Court's authority over non-party states along with analyzing its law enforcement challenges. This study uses a normative legal method through a statutory approach as well as a conceptual approach. The research results indicate two main conclusions. First, the court still has the authority to try genocide crimes in non-party states through referrals from the United Nations Security Council, expansion of incident territorial boundaries, specific state willingness, as well as through perpetrator citizenship ties. Second, the implementation of this authority faces various major obstacles such as the protection of state sovereignty, absence of local g…
subject: Articles
  topic: section
subject: International Criminal Court, Genocide Crimes, Non-Party States, Legal Authority, Global Justice.
  topic: keywords
creator: Puan Zhinta Azzahra Tarmizi
creator: Dwi Putri Lestarika
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 183
ending page: 195
doi: 10.25170/paradigma.v11i1.7148

BRIDGING AND NAVIGATING THE SUSTAINABLE FINANCIAL SECTOR: STRATEGIC ROLE OF FINANCIAL SECTOR LEGAL CONSULTANT
type: item
description: There has been significant structural and regulatory transformation in the financial services sector in the last decade. The need to integrate sustainable financial sector, digitalization, and consumer protection places financial sector legal consultant in a strategic position that cannot be underestimated. Their function is not only as legal advisors, but also as compliance enablers, risk analysts, and strategic partners in the legal aspects of the business. The metamorphosis from a capital market legal consultant to a financial sector legal consultant brings profound consequences to the expansion of skill scope, adjustment of competencies, as well as increased ethical and professional responsibilities. This paper raises two issues of how can financial sector legal consultants bridge and navigate in a sustainable financial sector and how to optimize the strategic role of financial sector legal consultants? The research method of this paper is normative juridical, which examines the applicable provisions relating to the roles and responsibilities of financial sector legal consultants, mastery and sharpening of competencies that must be possessed. The data obtained from the research is analyzed qualitatively. The research results show that optimizing the strategic role of financial sector legal consultants is carried out with an agile and adaptive attitude to all dynamic changes in the financial services sector, responsive to client needs manifested in the ability to bridge all stakeholders in the financial services sector ecosystem. Financial sector legal consultants can provide proper navigation in the dynamic financial sector, especially in corporate activities and business transactions with a deep and thorough understanding of the ever-changing regulations, compliance with professional ethics, and always open to global trends and digital transformation.
subject: Articles
  topic: section
subject: Strategic Role, Legal Consultant, Sustainable Financial Sector, Agile and Responsive
  topic: keywords
creator: Agustinus Prajaka Wahyu Baskara
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-13
publication date: 2025-10-13
doi: 10.25170/paradigma.v10i2.7146

ANALYSIS OF INTERNATIONAL CRIMINAL LAW ENFORCEMENT AGAINST WAR CRIMINALS THROUGH THE AUTHORITY OF THE INTERNATIONAL CRIMINAL COURT TO REALIZE THE PROTECTION OF HUMAN RIGHTS
type: item
description: The high number of armed conflicts often ignores the applicable legal rules. War crimes are very serious violations of international humanitarian rules. This study aims to examine the authority of the International Criminal Court while analyzing the enforcement of criminal law against perpetrators of war crimes. This study uses a normative legal research method through a statutory regulatory approach along with a legal concept approach. The research results indicate two main conclusions. First, the International Criminal Court has full authority to adjudicate extraordinary crimes, which complements the national justice system. This authority ensures that no state official is immune from legal entanglements. Second, law enforcement against war crimes is carried out based on the Rome Statute along with the Geneva Conventions. The rule divides violations into several groups, ranging from the intentional killing of civilians, torture of prisoners, to the destruction of buildings that have no connection to military affairs. Through the application of the universal legal authority principle, every state is obliged to arrest along with hand over war crime perpetrators to the courts.
subject: Articles
  topic: section
subject: War Crimes, International Criminal Court, International Criminal Law, Human Rights, Victim Protection.
  topic: keywords
creator: Niki Rahayu Amanda Putri
creator: Dwi Putri Lestarika
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 196
ending page: 205
doi: 10.25170/paradigma.v11i1.7147

EU DEFORESTATION REGULATION AND PALM OIL: ENVIRONMENTAL PROTECTION OR NON-TARIFF BARRIER?
type: item
description: The EU Deforestation Regulation (EUDR) requires all European Union–based companies to ensure that their imports and exports are free from deforestation and that human rights are upheld throughout their international supply chains, including with respect to palm oil commodities. The palm oil industry, which is closely associated with deforestation issues, is the most affected by the enactment of the EUDR. The issuance of the EUDR is therefore regarded as a form of non-tariff barrier imposed by the European Parliament to protect domestic products from competition with palm oil commodities. The EUDR may be considered as a form of green protectionism or a green barrier applied by the European Union under the pretext of environmental protection, specifically deforestation arising from oil palm plantation expansion in forest areas. Indonesia, as the world’s largest producer of palm oil, has undertaken various measures to address deforestation, including through regulatory frameworks such as the Indonesian Sustainable Palm Oil (ISPO) certification, the Roundtable on Sustainable Palm Oil (RSPO), and other national regulations. Numerous efforts have been advanced in response to the issuance of the EUDR, which is discriminatory in imposing unfair rules or requirements on products from certain countries. Diplomatic engagement with the European Union continues, in coordination with like-minded countries, with the objective of seeking solutions to the divergence of views arising from the implementation of the EUDR.
subject: Articles
  topic: section
subject: Palm Oil, Environmental Protection, No-Tariff Barrier
  topic: keywords
creator: Decinthya Maharani
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-13
publication date: 2025-10-13
doi: 10.25170/paradigma.v10i2.7143

ANALYSIS OF THE VICTIMOLOGY APPROACH THROUGH THE CONCEPT OF RESTORATIVE JUSTICE ON THE DETERMINATION OF SANCTIONS AND THEIR BENEFITS FOR THE RECOVERY OF VICTIMS OF ENVIRONMENTAL CRIMES IN INDONESIA
type: item
description: <a href="https://ejournal.atmajaya-ac.site/index.php/paradigma/The focus of restorative justice is the empowerment, participation, and healing of victims of crime. Until now, restorative justice has only been used for conventional crimes and misdemeanors. The approach and the benefits of restorative justice actually have great potential to deal with environmental crimes. Environmental dispute resolution and criminal law enforcement are not the first priority, but countermeasures and loss recovery. This study explores the types of restorative justice outcomes. including reparations, restitution, and compensation for environmental damage. Through the application of the restorative process to environmental crimes, legal settlement can be transformative for victims, perpetrators, communities, the environment, and the criminal justice system as a whole.">The focus of restorative justice is the empowerment, participation, and healing of victims of crime. Until now, restorative justice has only been used for conventional crimes and misdemeanors. The approach and the benefits of restorative justice actually have great potential to deal with environmental crimes. Environmental dispute resolution and criminal law enforcement are not the first priority, but countermeasures and loss recovery. This study explores the types of restorative justice outcomes. including reparations, restitution, and compensation for environmental damage. Through the application of the restorative process to environmental crimes, legal settlement can be transformative for victims, perpetrators, communities, the environment, and the criminal justice system as a whole.
subject: Articles
  topic: section
subject: Restorative Justice, Victimology, Environmental Crimes, Sanctions, Victim Recovery.
  topic: keywords
creator: Diyo Darnady
creator: Muhammad Rizky Ramadhan
creator: Reyindra Mahkota Andeka
creator: Sudirman Sitepu
creator: Dwi Putri Lestarika
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 175
ending page: 182
doi: 10.25170/paradigma.v11i1.7145

THE URGENCY OF THE RATIFICATION OF THE ROME STATUTE BY INDONESIA IN THE PERSPECTIVE OF INTERNATIONAL CRIMINALLAW ENFORCEMENT
type: item
description: <a href="https://ejournal.atmajaya-ac.site/index.php/paradigma/This study analyzes the urgency of Indonesia's ratification of the Rome Statute from the perspective of international criminal law enforcement and its implications for the harmonization of national criminal law. Although Indonesia has demonstrated a constitutional commitment to the protection of human rights and the rule of law, the Rome Statute, which serves as the basis for the establishment of the International Criminal Court (ICC), has not yet been ratified. This situation raises normative issues regarding the compatibility of the national legal system with international criminal law standards, particularly regarding the regulation of serious international crimes and the mechanisms for holding perpetrators accountable. This study uses normative legal research methods with a legislative and conceptual approach. The results indicate that the non-ratification of the Rome Statute has resulted in suboptimal harmonization of national legislation, particularly regarding the principles of complementarity and individual criminal responsibility, including the doctrine of command responsibility. Ratification of the Rome Statute has the potential to strengthen the national justice system through the integration of international standards, increased institutional capacity, and affirmation of the principle of accountability without exception for positions. Thus, ratification does not diminish state sovereignty, but rather serves as an instrument for strengthening the rule of law and preventing impunity within the framework of modern international criminal law.">This study analyzes the urgency of Indonesia's ratification of the Rome Statute from the perspective of international criminal law enforcement and its implications for the harmonization of national criminal law. Although Indonesia has demonstrated a constitutional commitment to the protection of human rights and the rule of law, the Rome Statute, which serv…
subject: Articles
  topic: section
subject: Rome Statute, International Criminal Court, complementarity, individual criminal responsibility, legal harmonization
  topic: keywords
creator: Cahaya Dwi Anggola
creator: Dwi Putri Lestarika
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 306
ending page: 320
doi: 10.25170/paradigma.v11i1.7144

THE ROLE OF LAW IN INTERNATIONAL BUSINESS TRANSACTIONS IN THE SETTLEMENT OF INTERNATIONAL DISPUTES
type: item
description: International law is the law that governs all activities on an international scale. International law aims to create order and justice in the international community. It also regulates cooperative relations between countries worldwide. The purpose of regulating international relations is to prevent tension and major conflicts between countries. However, what if a country fails to maintain its international relations and even cause disputes between countries, which can lead to various problems? This research uses a normative legal research method, namely by reviewing and collecting information from literature sources such as books and laws
subject: Articles
  topic: section
subject: Role, International Law, and Interstate
  topic: keywords
creator: Maria Angela Maharanim Himan
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-13
publication date: 2025-10-13
doi: 10.25170/paradigma.v10i2.7142

LEGAL SETTLEMENT OF TAX AVOIDANCE PRACTICES BY FOREIGN WORKERS WORKING IN INDONESIA
type: item
description: The increasing presence of foreign workers in Indonesia as a result of globalization has created challenges in the imposition of Income Tax, particularly related to tax avoidance practices. Although the taxation of foreign workers has been normatively regulated under Indonesian tax laws, in practice there remain legal loopholes and weak supervision that allow tax avoidance to occur. This study aims to analyze the legal framework governing Income Tax on foreign workers, identify common forms of tax avoidance, and examine the available legal mechanisms for their resolution. This research employs a normative legal research method using statutory and comparative law approaches. The findings indicate that tax avoidance by foreign workers commonly occurs through dual payroll schemes, manipulation of reported income, and non-compliance in reporting foreign assets. Furthermore, enforcement through administrative and criminal sanctions has not yet been fully effective. A comparison with Malaysia shows that preventive administrative measures are more effective in reducing tax avoidance by foreign workers.
subject: Articles
  topic: section
subject: foreign workers, income tax, tax avoidance
  topic: keywords
creator: Daru
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 150
ending page: 163
doi: 10.25170/paradigma.v11i1.7141

GENDERED AI GOVERNANCE: INDONESIA'S HUMAN SECURITY FRAMEWORK
type: item
description: The concept of human security, first articulated by Mahbub-ul-Haq in the United Nations Development Programme's Human Development Report in 1994, emphasizes freedom from fear and freedom from want as cardinal principles, positioning individuals as the primary referent in security discourse. As artificial intelligence systems rapidly proliferate across Indonesia, these foundational human security concerns have manifested in distinctly gendered dimensions that demand urgent regulatory attention. This article examines the critical intersection between gender, human security, and AI governance in Indonesia's evolving regulatory landscape. Through systematic analysis of algorithmic discrimination cases affecting Indonesian women, particularly in the gig economy and online gender-based violence contexts, this research establishes the imperative for integrating gendered human security frameworks into national AI regulation. The study employs doctrinal legal research methodology combined with intersectional feminist analysis to propose a three-pillar regulatory model encompassing gender-responsive Smart Mix Approach, mandatory Human Rights Due Diligence, and gender-sensitive Regulatory Sandbox mechanisms. Findings reveal significant gender bias in AI systems, with online gender-based violence cases surging by 80.8 percent in 2024. The article argues that constitutional obligations under Indonesia's 1945 Constitution necessitate explicit gender mainstreaming in AI governance to protect women's fundamental rights from algorithmic discrimination.
subject: Articles
  topic: section
subject: Human Security, artificial intelligence, gender
  topic: keywords
creator: Muhammad Yuga
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 130
ending page: 149
doi: 10.25170/paradigma.v11i1.7140

ORGANIZED TRANSNATIONAL CRIME IN THE DIGITAL ERA: ANALYSIS OF CYBERCRIME TRENDS AND HUMAN TRAFFICKING IN 2025–2026
type: item
description: This study analyzes the latest developments in international crime during the 2025–2026 period, focusing on cybercrime and human trafficking, which have become increasingly complex in the digital era. Using a descriptive qualitative approach, this research collects data from the Global Organized Crime Index 2025 report, Amnesty International reports, and various secondary sources related to transnational crime. The findings indicate that cybercrime has experienced a significant surge, with losses reaching US$10.5 trillion per year, while human trafficking has evolved with more sophisticated modus operandi utilizing artificial intelligence technology. The results reveal that organized crime groups are increasingly adapting to digital transformation by exploiting cybersecurity vulnerabilities and geopolitical uncertainties. The study concludes that the global response to transnational crime requires stronger multilateral cooperation and enhanced institutional capacity to address the growing dominance of non-violent crime threats. This research provides a theoretical contribution to understanding the dynamics of contemporary international crime and offers practical recommendations for policymakers in formulating strategies to combat transnational crime.
subject: Articles
  topic: section
subject: Transnational Crime
  topic: keywords
subject: Cybercrime
  topic: keywords
subject: Human Trafficking
  topic: keywords
subject: Organized Crime
  topic: keywords
subject: Qualitative Method
  topic: keywords
creator: Patrcia Swalika Irawan
creator: Dwi Putri Lestarika
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-01
publication date: 2026-05-01
starting page: 164
ending page: 174
doi: 10.25170/paradigma.v11i1.7139

DISCRIMINATION AGAINST DOMESTIC WORKERS: STRUCTURALINEQUALITY AND THE URGENT NEED FOR PRIVATE LEGAL PROTECTIONTHROUGH INDONESIA’S DOMESTIC WORKER PROTECTION BILL
type: item
description: 2004 marked the first year for the Domestic Workers Protection Bill (RUU PPRT) to be passed as a law. 21 years later, Indonesia’s legislators still fail to see its urgency. Domestic Workers in Indonesia have a substantial role in sustaining a household, where the majority of them goes undocumented. Without a clear and formal agreement, Domestic Workers may face multitudes of discrimination and exploitation. With predominant Domestic Workers being women and/or underage, the vulnerability of this group becomes prominent, especially in highlighting the extremity of the dire need for legal protection. This paper sought to answer two questions, how does structural discrimination shape working conditions of domestic workers in Indonesia, and how can the Domestic Workers Protection Bill (RUU PPRT) address these systemic inequalities? Through a normative-juridical approach, this paper finds various structural victimization that may impede on the rights of these workers, ranging from economic structural victimization to social structural victimization. This paper also highlights current laws and regulations and how it failed to extensively protect Domestic Worker’s rights, this was also furthered by the ambiguity stance of Domestic Workers in Indonesia’s current legal frameworks. In conclusion, Indonesia still needs to address and acknowledge Domestic Workers as formal employees and ensure social and legal protection of their rights.
subject: Articles
  topic: section
subject: Domestic Workers, , Domestic Workers Protection Bill (RUU PPRT), Structural Victimization
  topic: keywords
creator: putri purbasari raharningtyas
creator: Dellvin Sergio
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 109
ending page: 129
doi: 10.25170/paradigma.v11i1.7138

EU CSDDD POSTPONEMENT: IMPLICATIONS FOR SOUTHEAST ASIAN WORKERS’ HUMAN SECURITY
type: item
description: The EU Corporate Sustainability Due Diligence Directive (CSDDD) was first adopted in 2024. By imposing legal obligations on companies operating in the EU market, the CSDD aims to improve working conditions and safeguard human security beyond the EU borders, particularly in high-risk supply chains such as those in Southeast Asia. While the primary responsibility for human rights and security are with the respective Southeast Asian governments, many of these countries face enforcement challenges that limit effective protections for workers. The CSDDD’s extraterritorial scope complements state obligations by legally requiring multinational corporations to undertake due diligence on their global supply chains. However, its recent postponement to 2027-2029 raises concerns about regulatory gaps and enforcement challenges. This paper analyzes the impact of the CSDDD delay on human security in Southeast Asian supply chains, including how it impacts the leverage of local workers, trade unions, and NGOs in holding multinational corporations accountable. This paper uses a comparative and descriptive legal analysis of the CSDDD’s drafts and amendments, case studies from Indonesia and Vietnam, and stakeholder perspectives from NGO reports and trade union statements. The regulatory postponement poses a threat to human security in critical Southeast Asian industries. In conclusion, the delay in the CSDDD’s implementation risks stalling critical progress towards a sustainable and ethical global supply chain. To address this regulatory gap, interim solutions including bilateral cooperation, enforceable contractual protections, and stakeholder engagement mechanisms are needed to protect vulnerable workers and enforce corporate accountability.
subject: Articles
  topic: section
subject: Corporate Sustainability Due Diligence Directive (CSDDD), Human Security, Southeast Asian Supply Chains, Corporate Accountability
  topic: keywords
creator: Celine Reyna Wuisan
creator: Surya Tjandra
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 85
ending page: 108
doi: 10.25170/paradigma.v11i1.7137

SOIL DEGRADATION RISK AND HUMAN SECURITY IMPLICATIONS OF LAND USE IN SAMARINDA'S STEEP SLOPES
type: item
description: Soil erosion represents a critical environmental issue that threatens both ecological stability and human security in rapidly developing urban areas of Indonesia. This study aims to assess the soil erosion potential in Air Hitam Subdistrict, Samarinda Ulu, East Kalimantan, through field observation and environmental analysis. The study area is characterized by steep slopes, open-pit mining activities, limited vegetation cover, and high rainfall intensity, which collectively accelerate surface erosion processes and increase landslide potential. The soil type was identified with clay-dominated texture and low permeability, leading to significant surface runoff. Observations revealed clear signs of slope instability, sediment displacement, and exposed subsoil layers, confirming high erosion susceptibility. The degradation of vegetation and soil structure not only increases the likelihood of slope failure but also poses direct risks to surrounding communities, infrastructures, and water systems. To mitigate these impacts, integrated land conservation strategies are recommended, including slope stabilization, drainage improvement, and revegetation using local pioneer species such as Vetiver grass and leguminous cover crops.
subject: Articles
  topic: section
subject: Soil Erosion, Environmental Security, Human Security, Land Conservation, Samarinda
  topic: keywords
creator: Arum Sekar Kedhaton
creator: Prince Clinton Immanuel Christian Damanik
creator: Muhammad Kimie Aliyev
creator: Talitha Shabrina Fasha
creator: Mardiana Ulan Dari
creator: Alfiansyah
creator: Muhammad Dafi Ramadhan
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 74
ending page: 84
doi: 10.25170/paradigma.v11i1.7136

From I DO to I DON’T: Recognition of Foreign Divorce in the Philippines
type: item
description: The Philippines, uniquely situated as the only nation outside Vatican City where divorce remains illegal for the vast majority of its citizens, holds marriage in high legal and cultural regard. Marriage is enshrined in both the 1987 Constitution and the Family Code as an "inviolable social institution," making its dissolution not only legally complicated but also socially contentious. Despite this strict framework, the wave of globalization and an increasing number of cross-national unions have made the recognition of foreign divorce a critical legal issue. This paper examines the nuanced landscape of foreign divorce recognition in the Philippines, contextualizing it against a backdrop of historical conservatism, colonial legacy, and current socio-legal challenges faced by Filipinos, particularly women unable to legally dissolve unhappy or harmful marriages. With only annulment or nullity available—and both options being expensive and difficult to obtain—Filipinos seeking legal dissolution often encounter substantial barriers, especially when foreign divorce decrees are involved. Through an in-depth review of landmark Supreme Court decisions, the evolving legal doctrine is highlighted, showing a gradual though uneven liberalization in the recognition of valid foreign divorces. These cases clarify procedural requirements, the effect of divorce by mutual agreement, the capacity of Filipino spouses to remarry, and the need for clear guidance on documentary proof and applicable foreign laws. Further, the role of the Office of the Solicitor General and the logistical difficulties encountered by parties, including issues with documentation and appeals, are scrutinized. The paper concludes by advocating for the Supreme Court to promulgate a comprehensive circular that harmonizes procedure and requirements for foreign divorce recognition. Recommendations include clearer rules on initiation, streamlined documentation in light of international conventions, enhanced training f…
subject: Articles
  topic: section
subject: Foreign Divorce , Recognition, Procedure for Recognition
  topic: keywords
creator: Christian George Lianes Melitante
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 54
ending page: 73
doi: 10.25170/paradigma.v11i1.7135

DEFORESTATION AND COMPENSATION FOR THE SURROUNDING COMMUNITY FROM A LEGAL PERSPECTIVE
type: item
description: Forests are the lungs of the world, benefiting both the environment and the communities surrounding them. Forest destruction, including through deforestation, will have detrimental impacts on society. Some of the detrimental impacts that can occur with deforestation are: landslides and floods have damaged both medicinal and community-owned crops. This means local communities cannot utilize the forest. The problem that will be discussed in this article is how to regulate forest protection, and if deforestation occurs, can the community receive compensation? The method used in this research is normative juridical, which studies more about the existing regulations in Indonesia regarding environmental protection, especially forests. From the research results it can be seen that the existing regulations are sufficient to protect forests, however, compensation for the community has not yet been regulated. Things that can be done regarding the losses experienced by communities due to deforestation include restoring the environment and helping communities to meet their needs. Environmental restoration and assistance to the community can be carried out by companies that manage forests, or the government, especially if the forest is a customary forest or state forest.
subject: Articles
  topic: section
subject: Deforestation, Compensation, Community, Law
  topic: keywords
creator: yanti fristikawati
creator: nugroho adipradana
creator: samuel hutabarat
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 43
ending page: 53
doi: 10.25170/paradigma.v11i1.7134

Digital Justice and Human Security: Evaluating E-Court Reforms in Italy and Indonesia
type: item
description: The digital transformation of judicial systems represents a critical intersection between technological innovation and access to justice in the 21st century. This comparative study examines the implementation and impact of E-Court reforms in Italy and Indonesia—two civil law jurisdictions with divergent institutional capacities and development trajectories. Utilizing an integrated theoretical framework combining Human Security principles with Digital Governance theory, this research analyzes how judicial digitalization affects procedural transparency, case processing efficiency, and equitable access to justice. Drawing on qualitative document analysis of legislative frameworks, judicial performance data, and policy documents from 2015-2023, the study reveals significant contextual variations in reform outcomes comparing Italy’s Processo Civile Telematico (PCT) and Indonesia’s E-Court system. The research identifies institutional capacity, technological infrastructure, regulatory coherence, and explicit attention to digital equity as critical determinants of successful judicial digitalization. The study highlights the importance of human security-centered design approaches, addressing ethical dimensions of artificial intelligence deployment, ensuring algorithmic transparency, and maintaining hybrid access models to prevent digital exclusion. Findings suggest that technological sophistication alone cannot guarantee successful reform; rather, success depends on contextual adaptation, comprehensive capacity building, and sustained commitment to equity principles. The comparative analysis offers valuable insights for policymakers and judicial administrators in developing and developed democracies pursuing digital justice initiatives while safeguarding human security and fundamental rights.
subject: Articles
  topic: section
subject: Digital justice, E-Court systems, human security, judicial reform, Italy, Indonesia, digital governance, access to justice, artificial intelligence, comparative law
  topic: keywords
creator: Marco Marchetti
rights: Copyright (c) 2026 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-24
publication date: 2026-02-24
starting page: 1
ending page: 42
doi: 10.25170/paradigma.v11i1.7133

REGULATORY MODEL FOR THE UTILIZATION OF LAND BANK MECHANISMS IN INDONESIA TO PREVENT AND AVOID LAND MAFIA PRACTICES: A COMPARATIVE STUDY BASED ON LAND GOVERNANCE
type: item
description: The issue of the "Land Mafia" in Indonesia reflects legal uncertainty and structural inequality in land ownership. The establishment of the Land Bank Agency through Law Number 6 of 2023 concerning the Stipulation of Government Regulation, instead of Law Number 2 of 2022 concerning Job Creation and Government Regulation Number 64 of 2021, is a government effort to address this issue. However, the existence of this agency has sparked public concerns about the potential for abuse of authority and the return of discriminatory legalistic practices, similar to the principle ofdomain declaration, as revealed in the case of farmers in Konawe, Southeast Sulawesi.1The main problem faced is the absence of a holistic, transparent, and accountable regulatory model that can guarantee that the Land Bank truly functions for the greatest prosperity of the people, not for the interests of certain groups. This study aims to analyze, compare, and formulate a more effective manual regulation of the Land Bank. The research method used is normative juridical with a comparative approach to the Land Bank models in the Netherlands and France. The comparison shows fundamental differences: Indonesia applies a centralized model, while the Netherlands uses a decentralized model integrated with spatial planning, and France operates a semi-private hybrid model (SAFER) that has preferential rights and is supervised by a multi-stakeholder committee.1These findings highlight the advantages of the Dutch model, namely its adaptation to local contexts and efficiency in land consolidation, and the French model, which offers operational efficiency and robust oversight mechanisms. Based on these findings, this report proposes a "Hybrid-Decentralized Land Bank Regulatory Model." This model combines Dutch-style decentralization principles with a French-style multi-stakeholder oversight structure, grounded in fundamental theories of good governance. The success of Land Banks in Indonesia ultimately depends on…
subject: Articles
  topic: section
subject: Land Bank Agency, Land Mafia, Decentralization, Comparative Study
  topic: keywords
creator: Putri Purbasari R.M.
creator: Stella Delarosa
rights: Copyright (c) 2025 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-29
publication date: 2025-08-29
starting page: 188
ending page: 219
doi: 10.25170/paradigma.v10i2.7131

ARBITRATION DISPUTE RESOLUTION MECHANISM IN FOREIGN INVESTMENT BASED ON INTERNATIONAL TRADE LAW
type: item
description: Settling foreign investment disputes in Indonesia, in the context of increasing economic globalization, requires mechanisms that comply with applicable regulations to avoid inequalities between regulations for the disputing parties. Using a normative juridical approach and contextual methods, this study aims to understand the forms of foreign investment dispute resolution, including deliberation, Alternative Dispute Resolution (APS), litigation, and arbitration. The results indicate that arbitration is the primary option for resolving foreign investment disputes in Indonesia, due to the existence of specialized arbitration institutions such as BANI, ICSID, and UNCITRAL, as well as the recognition and enforcement of international arbitral awards that can be executed in other countries. This study concludes that arbitration is an effective and efficient dispute resolution mechanism for resolving foreign investment disputes in Indonesia.
subject: Articles
  topic: section
subject: Arbitration, Foreign Investment, International Trade Law
  topic: keywords
creator: Yunita Novia Sari
rights: Copyright (c) 2025 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-29
publication date: 2025-08-29
starting page: 173
ending page: 187
doi: 10.25170/paradigma.v10i2.7130

BRIDGING AND NAVIGATING THE SUSTAINABLE FINANCIAL SECTOR: STRATEGIC ROLE OF FINANCIAL SECTOR LEGAL CONSULTANT
type: item
description: There has been significant structural and regulatory transformation in the financial services sector in the last decade. The need to integrate sustainable financial sector, digitalization, and consumer protection places financial sector legal consultant in a strategic position that cannot be underestimated. Their function is not only as legal advisors, but also as compliance enablers, risk analysts, and strategic partners in the legal aspects of the business. The metamorphosis from a capital market legal consultant to a financial sector legal consultant brings profound consequences to the expansion of skill scope, adjustment of competencies, as well as increased ethical and professional responsibilities. This paper raises two issues of how can financial sector legal consultants bridge and navigate in a sustainable financial sector and how to optimize the strategic role of financial sector legal consultants? The research method of this paper is normative juridical, which examines the applicable provisions relating to the roles and responsibilities of financial sector legal consultants, mastery and sharpening of competencies that must be possessed. The data obtained from the research is analyzed qualitatively. The research results show that optimizing the strategic role of financial sector legal consultants is carried out with an agile and adaptive attitude to all dynamic changes in the financial services sector, responsive to client needs manifested in the ability to bridge all stakeholders in the financial services sector ecosystem. Financial sector legal consultants can provide proper navigation in the dynamic financial sector, especially in corporate activities and business transactions with a deep and thorough understanding of the ever-changing regulations, compliance with professional ethics, and always open to global trends and digital transformation.
subject: Articles
  topic: section
subject: Strategic Role, Legal Consultant, Sustainable Financial Sector, Agile and Responsive
  topic: keywords
creator: Agustinus Prajaka Wahyu Baskara
rights: Copyright (c) 2025 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-13
publication date: 2025-10-13
starting page: 155
ending page: 172
doi: 10.25170/paradigma.v10i2.7129

EU DEFORESTATION REGULATION AND PALM OIL: ENVIRONMENTAL PROTECTION OR NON-TARIFF BARRIER?
type: item
description: The EU Deforestation Regulation (EUDR) requires all European Union–based companies to ensure that their imports and exports are free from deforestation and that human rights are upheld throughout their international supply chains, including with respect to palm oil commodities. The palm oil industry, which is closely associated with deforestation issues, is the most affected by the enactment of the EUDR. The issuance of the EUDR is therefore regarded as a form of non-tariff barrier imposed by the European Parliament to protect domestic products from competition with palm oil commodities. The EUDR may be considered as a form of green protectionism or a green barrier applied by the European Union under the pretext of environmental protection, specifically deforestation arising from oil palm plantation expansion in forest areas. Indonesia, as the world’s largest producer of palm oil, has undertaken various measures to address deforestation, including through regulatory frameworks such as the Indonesian Sustainable Palm Oil (ISPO) certification, the Roundtable on Sustainable Palm Oil (RSPO), and other national regulations. Numerous efforts have been advanced in response to the issuance of the EUDR, which is discriminatory in imposing unfair rules or requirements on products from certain countries. Diplomatic engagement with the European Union continues, in coordination with like-minded countries, with the objective of seeking solutions to the divergence of views arising from the implementation of the EUDR.
subject: Articles
  topic: section
subject: Palm Oil, Environmental Protection, No-Tarrif Barrier
  topic: keywords
creator: Decinthya Maharani
rights: Copyright (c) 2025 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-29
publication date: 2025-08-29
starting page: 112
ending page: 154
doi: 10.25170/paradigma.v10i2.7128

THE ROLE OF LAW IN INTERNATIONAL BUSINESS TRANSACTIONS IN THE SETTLEMENT OF INTERNATIONAL DISPUTES
type: item
description: International law is the law that governs all activities on an international scale. International law aims to create order and justice in the international community. It also regulates cooperative relations between countries worldwide. The purpose of regulating international relations is to prevent tension and major conflicts between countries. However, what if a country fails to maintain its international relations and even cause disputes between countries, which can lead to various problems? This research uses a normative legal research method, namely by reviewing and collecting information from literature sources such as books and laws.
subject: Articles
  topic: section
subject: Role, International Law, Interstate
  topic: keywords
creator: Maria Angela Maharanim Himan
rights: Copyright (c) 2025 Jurnal Paradigma Hukum Pembangunan https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-29
publication date: 2025-08-29
starting page: 99
ending page: 111
doi: 10.25170/paradigma.v10i2.7127