Penelitian ini ingin menjawab interpretasi dan pelaksanaan asas ketertiban umum terhadap putusan arbitrase asing di pengadilan Indonesia. Dengan berbasis pada penelitian hukum, penelitian diharapkan akan menjawab pengakuan dan pelaksanaan keputusan arbritase asing tersebut. Hasil penelitian menunjukkan bahwa pengecualian terhadap ketertiban umum ditemukan dalam Pasal V Paragraph 2 angka (b) Konvensi New York 1958 tentang Pengakuan dan Pelaksanaan Keputusan Arbitrase Asing. Konvensi menentukan bahwa pengakuan dan pelaksanaan putusan arbitrase dapat ditolak apabila kemudian ditemukan pengakuan dan pelaksanaan putusan tersebut melanggar ketentuan ketertiban umum di negara yang bersangkutan. Namun demikian, Konvensi tidak memberikan pengertian secara jelas tentang ketertiban umum, hal ini diserahkan kepada masing-masing negara peserta konvensi. Berdasarkan putusan pengadilan, konsep ketertiban umum yang diterapkan di Indonesia diinterpretasi secara luas dan domestik. The Implementation of Public Order Principle on Foreign Arbitral Awards in Indonesia This study aims to answer the interpretation and implementation of public order principle on foreign arbitral awards in Indonesian courts. Based on legal research, it is expected to answer the recognition and implementation of foreign arbitral awards. The results show that the exception to public order is found in Article V Paragraph 2 Number (b) of the 1958 New York Convention concerning the Recognition and Implementation of Foreign Arbitral Awards. The Convention stipulates that the recognition and implementation of an arbitral award can be rejected if later found that the recognition and implementation of the award violates the provisions of public order in the concerned country. However, the Convention does not provide a clear conception of public order, this is submitted to the respective countries participating in the convention. Based on a court decisions, the concept of public order applied in Indonesia was interpreted widely and domestically.
This article investigates the prospect of granting refugee students the opportunity to enroll in higher education in Indonesia, particularly Aceh. Due to the vacuum of law on the rights for higher education for refugees. This article explores the possibility of religious claim on the rights for higher education for refugees. This study aims to prove that amidst the vacuum of law on the higher education rights for the refugee, Indonesia is still legally, socially, and religiously responsible in providing higher education access for refugees. Using doctrinal and quantitative legal research. This research demonstrated that Indonesia should be able to provide higher education for refugees by minimally but significantly changing the meaning of several of its higher education regulations. The responsibility bear by Indonesia is stipulated clearly in its constitutional preamble, as well as article 28(C)1 of Indonesia constitution. This report also confirmed that Aceh, with its past and present position, meets the requirement of an “Islamic Land,” and hence has a fundamental religious commitment to give refugees with the same rights as its inhabitants. This report also suggests technical collaboration or assimilation with the Global Education Convention system, as well as combining the Paket C and the UNESCO Qualifications Passport for Refugee systems to address any refugee's paperwork and qualification issues. This study contributes to the advocacy and support for significant humanitarian aid that Indonesia, particularly Aceh, may provide to refugees in order to help them prepare for a better future.
This article aims to analyze and explain the opportunities and challenges for coffee farmers in obtaining financing from banks using Warehouse Receipts (RG) as collateral. Capital for coffee production costs is one of the obstacles coffee farmers face in Central Aceh. As one of the Warehouse Receipt System (WRS) commodities, coffee can be used as collateral in the form of Warehouse Receipts issued by the WRS warehouse. It is under the provisions of Law No. 9 of 2009 concerning WRS. This research is empirical juridical research. Data were obtained through interviews with farmers/farmer groups, warehouse managers, and Disperindagkop Central Aceh District. This research found that Central Aceh farmers/farmer groups have an excellent opportunity to get financing with Warehouse Receipts as collateral. It can be seen from the support of the local Government in accelerating the certification process for 3 WRS warehouses during the COVID-19 pandemic. Currently, in Central Aceh, 5 WRS warehouses can accommodate the harvests of farmers/farmer groups. In addition, the existence of farmer groups and cooperatives can also strengthen farmers' opportunities to meet the require-ments for obtaining Warehouse Receipts. However, currently, the implementation of the WRS in Central Aceh is still not running optimally. It can be seen from the use of WRS, which is still very minimal. Of the five available WRS warehouses, only two have issued Warehouse Receipts, namely 110 SRG warehouses owned by the Government and PT. 3. In addition, currently, WRS is only used by entrepreneurs/cooperateves/ex-porters, while farmers/farmer groups have not yet utilized it. Until now, farmers/farmer groups still use the mechanism of selling coffee directly to collectors, which harms them in certain circumstances. The farmers do not use this WRS to obtain financing from the bank or delay selling. Another obstacle is related to the implementation of the Qanun on Sharia Financial Institutions in Aceh.
This paper examines ExxonMobil's Corporate Social Responsibility (CSR) programs for the remedy of affected people in the crimes against humanity cases that occurred in North Aceh, Indonesia. The method applied to this paper is normative research that describes the case, gathers, and organizes a wide variety of data from the document to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity cases committed by the party that is affiliated with the ExxonMobil, (Indonesian National Armed Forces). This paper found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR that comply with international guidance and standard of CSR.
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