Exploring Efficacy

The rising global divorce rate is reshaping the landscape of family dispute resolution, moving away from the adversarial or litigation system toward an alternative dispute resolution known as mediation. This global trend is also observed in Indonesia where the Supreme Court has mandated the use of mediation in civil cases. "Everybody wins, nobody loses" as the primary slogan of mediation emphasizes a win-win outcome for all parties involved, avoiding any losers. However, assessing its efficacy in handling divorce cases in Indonesia becomes crucial. This is mainly because the settlement rate has been discovered to be low in Indonesia since the mandatory implementation of court-annexed mediation for almost two decades compared to other countries such as Australia and the United States. In both countries, settlement is not only based on agreements but also on the process that satisfies the parties. Therefore, this study aims to examine the conceptual issues underlying the low effectiveness of divorce mediation by questioning agreements as a measure of divorce mediation effectiveness. This study uses the sociolegal framework to critique the Supreme Court Regulation 1/2016 regarding Mediation in court and its dynamics in divorce cases. Moreover, courtroom study is applied to observe the mediation process. The results showed that the success of mediation revolves around the number of agreements reached by the parties and the process did not focus on the characteristics of divorce cases, thereby considered not suitable for all cases. Furthermore, the court-annexed mediation regulation creates ambiguity between the use of marital mediation to reconcile the parties and divorce mediation to proceed post-divorce agreement or both.Keywords: Effectiveness of Mediation, Divorce Mediation, Religious Courts

Analysing Discrimination based on Genetic Information

This paper analyzes and critiques existing literature on discrimination based on genetic information collected during genetic tests of individuals and the legal issues attached therewith. Genetic variations, which can lower or raise disease risk, result from the inheritance of parental genes. Subjecting individuals to stigmatization based on their unique ancestry or genetic status raises legitimate concerns. The literature review reveals that the issue of discrimination based on genetic information has occurred in countries like the United States and Canada. Accordingly, concerns regarding new forms of discrimination arising from the collection of information during genetic testing have grown over the decades in the wake of technological advancements in biotechnology, health, and allied sciences, as several studies have revealed. On the contrary, more material sufficiency in India necessitates consulting data from various disciplines. A conceptual framework is proposed to examine the theoretical foundations of non-discrimination provisions, compare genetic information non-discrimination legislation in the United States and Canada to India, and evaluate the practicality of implementing such laws in India. The initial testing of this framework suggests that due to insufficient legislation, there may be a need for enforceable measures to mitigate genetic information-related discrimination in India. The research problem requires qualitative research to gain an in-depth comprehension of experiences, phenomena, and context. This paper makes two main contributions: establishing a comprehensive background to allow comparisons by scholars and policymakers on the matter and helping to further the debate on the subject to generate value-based research regarding the ethical, legal, and social impacts of genetic research and anti-discrimination laws.KEYWORDS: Non-discrimination, Genetics and law, Literature review, Genetic discrimination

The Indonesian Outsourcing Workers' Rights in the Tourism Business Sector

The problem of outsourcing workers extends to the tourism industry. The unique challenge of 'seasonality' makes it more difficult to protect the outsourcing workers' legal rights in the said sector. The research examines the outsourcing regulation in Indonesia by referring to the Job Creation Law, by questioning whether the existing regulations provide prominent legal protection for outsourcing workers, especially in tourism sectors, and how the future law allows for improved protection. The research method used is normative legal research with statutory and legal conceptual approaches. The results of the study show that the amendment of the Manpower Law incorporated into the Job Creation Law and its implementing legal instruments significantly changed outsourcing regulation. As the Job Creation Law has abolished Article 64 of the Manpower Law, the scheme established by the Constitutional Court to prevent companies from exploiting workers in their decisions has become vague in the Job Creation Law. Following global practices, the country can implement a flexible workers policy while simultaneously protecting their rights which Indonesia must adopt.Keywords: Outsourcing, Rights Protection, Tourism Business

Artificial Intelligence in Indo-Pacific

The use of Artificial Intelligence in the military is like two sides of a coin. It can provide convenience and aid in military operations but has the potential to hinder military operations. Dangerous and potentially catastrophic for humanity will be inevitable as no restrictions on its use. The United States, China, Australia, Japan, and India are examples of nations whose militaries have developed artificial intelligence technology. Geographically, Southeast Asia, which is located in the middle of these nations, will experience a significant impact due to its tight maritime borders if there is no international consensus on the military application of artificial intelligence technology. An autonomous or autonomous system to operate this technology will reduce the amount of human control and allow it to operate without any human intervention. It will be a threat to the application of the fundamental principles of international humanitarian law, such as the distinction principle, and proportionality principle. Where these principles are tightly intertwined with human command and control in making decisions regarding the execution of attacks. The article employs normative legal methodology. Furthermore, this paper endeavours to assess the pertinence of principles in international humanitarian law during the era of the artificial intelligence arms race. It also delves into the contribution of ASEAN in upholding stability, peace, and security in the Southeast Asia region, thereby reinforcing the importance of this research. This research emphasises the importance of aligning the progress of artificial intelligence in military contexts with core principles of international humanitarian law. It underscores the need for ASEAN to safeguard regional peace and security by establishing a novel regulatory framework that outlines restrictions on the development and deployment of artificial intelligence for military objectives.Keywords: Artificial Intelligence, International Law, Peace and Security, Southeast Asia

Permanent Sovereignty vs. International Obligations

This research analyses Indonesia's policies related to downstreaming and restrictions on raw nickel exports that have caused international debate, especially the European Union which complained against Indonesia to the World Trade Organization (WTO) in Dispute Settlement 592 (DS-592). The study explores Indonesia's position as a WTO member that is being questioned for its policy of banning nickel ore exports to the European Union, and examines the DS-592 ruling in relation to the permanent sovereignty debate. This article uses a normative juridical method with doctrinal, comparative, and case approaches. The results show that Indonesia has permanent sovereignty over its nickel ore guaranteed by UN Resolution 1803. Therefore, Indonesia must exercise this sovereignty with due regard to international obligations. Indonesia should learn from China's export regulations as it prioritises export restriction policies rather than export bans. By applying China's approach, Indonesia can prevent the problems that occurred in DS 592. However, a series of nickel downstream policies implemented by Indonesia have violated the provisions of the WTO Agreement. This article also explains that the vacuum of the Appellate Body does not negate the EU's authority to retaliate against Indonesia. This article concludes that Indonesia must implement a policy determining the percentage of downstream nickel ore, as well as nickel ore that will be exported. This conclusion has resulted in the theoretical idea that no sovereignty can be exercised in violation of the country's international obligations. Thus, each country must be able to establish policies that can balance national interests with international obligations. KEYWORDS: Export Restrictions, International Obligations, Nickel Ore, Soverignty, WTO

Geographical Indication & Gastro-Diplomacy as Nation Branding

In response to the success of “Eat, Pray and Love” in 2010, Paul Rockower highlighted Indonesia's great opportunity to carry out a robust culinary-based public diplomacy campaign. As a specialist in culinary diplomacy, he noted this to be the key to help Indonesia to enhance its longstanding reputation as an exotic culinary locale. This paper aims to analyze the opportunities and challenges in implementing geographical indication (GI) as part of gastrodiplomacy strategies, and how it impacts the strengthening of Indonesia’s national branding. This paper finds that, to effectively integrate GI protection into the gastrodiplomacy strategy, it is necessary to take strategic steps that follow the characteristics of GI as IP with a collective dimension—through a series of collective action stages, using an institutional approach. Although the collaboration is time-consuming, involving different stakeholders (such as local producers, organizations, research institutions, the local and central government, private sectors, communities, and other institutions) is the key to integrating GI protection into gastrodiplomacy strategies.KEYWORDS: Gastrodiplomacy, Geographical Indication, Nation Branding

Equality, Affirmative Action, and Economically Weaker Sections in India

The Indian Parliament has brought about various measures of positive discrimination to address social inequalities. One such measure taken by the Indian Parliament was amending the Constitution of India in 2019, creating a category of ‘economically weaker sections’ to make special provisions for them. This article aims to assess the politico-legal issues surrounding the policy of reservation for the economically deprived classes. The article employs the doctrinal method to study the policy and critically analyses the Janhit Abhiyan v. Union of India (2023) 5 SCC 1 judgment where the Supreme Court of India upheld the constitutionality of the Constitution (103rd Amendment) Act 2019. The article analyses the arguments of parties and opinions of the Court against two major constitutional principles – the promotion of substantive justice by relying upon a comparative conception of equality and securing the identity of the Constitution by adhering to the basic structure doctrine. This paper argues against restricting the application of basic structure doctrine to cases where the ‘essence’ of the structure has been stripped. Such restriction may curtail the ambit of application of the doctrine, and it may adversely affect the enjoyment of fundamental rights. The interpretation that reservations are an exception to the principle of equality, rather than an extension thereof, runs contrary to the notion of equality conceived by the Constitution and grants them a contingent legitimacy. If the ‘essence test’ is accepted for the application of basic structure doctrine, then the perception of reservation as being non-essential to equality also protects such policy measures from basic structure review.KEYWORDS: Equality, Reservation, Economically Weaker Sections, Basic Structure Doctrine, Affirmative Action

Dual-Class Share Structure in the Indonesian Equity Market

A lot of major equity markets abroad have allowed the listing of the Dual-Class Share Structure (DCSS) corporations. DCSS is an agreement in which two types of shares are issued by the very same firm, with one type of share conferring greater power compared to the other. The Indonesian Stock Exchange only allows for limited access for DCSS technology-related corporations to list on its Mainboard. To remain attractive as Southeast Asia's top financial centre, Indonesia needs to alter its securities regulations while making its listing market adaptable to meet the needs of various enterprises. This research aims to analyse and elaborate on permitting DCSS corporations to go public and devise suitable governance safeguards to guarantee the highest possible standards of corporate governance are upheld. This research explores the legal certainty and applicability of DCSS in the Indonesian equity market and abroad, using a qualitative approach and thematic analysis of secondary data. The major finding of this research is the acceptance of DCSS adds to issues with abuse of power by the controlling shareholders, which was outweighed by their cash flow rights. While those in favour of DCSS argue that the existing shareholders' main reason for choosing a DCSS arrangement is to preserve company control. Most major exchanges in the world have taken action to accommodate DCSS going public, like those in the USA, Hong Kong, Singapore, and China. Considering the magnitude of the Asian market, Indonesia can emulate the accomplishments of other exchanges too. A series of recommendations are provided to guarantee the highest standards of corporate governance can be upheld, such as: permitting DCSS for new entrants and innovative businesses, regulating the ownership of enhanced voting shares, and setting out sunset provisions for DCSS arrangement.Keywords: Company Law, DCSS, Dual-Class Shares, Equity Market

Paradigm Shift of Death Penalty Regulation in the New Criminal Code (KUHP) of Indonesia

The arrangement of death penalty in the new Criminal Code (KUHP) raises two different views between those who defend and reject death penalty. In this regard, this paper aims to find the reasoning for the retention of death penalty in the new Criminal Code, which was passed in 2022. This paper will also discuss what has caused the shift of death penalty allocation, from its position as a main to an alternative punishment with ten years’ probation period. The death penalty regulation in the Dutch Criminal Code is no longer in accordance with the development of punishment, so it requires a renewal. In the new KUHP, death penalty is the last resort and is imposed alternatively with a ten-year probation period. If the convict shows a good and commendable attitude during the imprisonment, then the death penalty can be changed into life imprisonment or imprisonment for a maximum of twenty years. The arrangement of a ten-year probation period is a middle way to accommodate views that reject and support the death penalty, which demonstrates the essence of shifting the allocation of death penalty to an alternative punishment in Indonesia.KEYWORDS: Paradigm shift, Criminal Punishment, Death Penalty, Legal Reasoning, Indonesia