Jurnal Analisis Hukum

The right to health in Vietnam and the impact of climate change

2026-02-13T13:00:22+00:00

Climate change is a global challenge that seriously affects human health and the enjoyment of human rights, especially the right to health. Vietnam is highly vulnerable to climate change due to its geographical conditions, which increases health risks and puts pressure on the health system, particularly for vulnerable groups. The article analyses the right to health in the context of climate change in Vietnam, as recognized in both international law and Vietnamese legislation. Although Vietnam has made notable progress in healthcare, climate change continues to pose serious challenges to the effective realization of the right to health. The article, therefore, highlights the need for stronger policies and actions to better protect the right to health for all.

Corporate responsibility and state obligations for human rights in Tesso Nilo: Decision No. 36/G/TF/2022/PTUN.Pbr

2026-02-09T00:48:51+00:00

This study analyzes corporate responsibility and state obligations in relation to the environmental degradation of the Tesso Nilo National Park (TNTN), caused by the establishment of an illegal oil palm plantation of approximately 1,200 hectares by PT Inti Indosawit Subur. Employing a normative legal research methodology, this paper integrates international environmental law, international human rights law, and national regulatory frameworks to evaluate how corporate responsibilities ought to be fulfilled and how state obligations to protect should be exercised. The findings demonstrate that the company failed to meet its responsibility to respect human rights as prescribed under international and national standards. Conversely, the state is found to have violated both its international and domestic obligations due to negligence in preventing land encroachment, weak oversight, and the absence of effective law enforcement. The decision of the Pekanbaru Administrative Court, subsequently upheld at the appellate and cassation levels, mandated comprehensive remedies, including reforestation and permit revocation. This study concludes that the environmental damage and human rights violations in TNTN resulted from a dual failure of both state and corporate actors, and underscores the urgency of adopting binding due diligence obligations and ensuring consistent law enforcement to prevent similar harm.

The impact of the digital divide on the accessibility of e-court services for rural communities in civil dispute resolution

2026-04-17T06:44:38+00:00

The urgency of reconstructing employment regulations to fill the legal void regulating remote working in Indonesia

2025-12-31T04:06:05+00:00

This article examines the legal gaps in regulating remote working systems in Indonesia and the urgency of reconstructing labor regulations that are adaptive to technological developments. This research aims to assess the extent to which the existing legal framework is able to provide certainty and protection for remote workers. The method used is normative juridical with a statutory and conceptual approach. The results show that the Manpower Law, the Job Creation Law, and their implementing regulations do not explicitly regulate fundamental aspects of remote work, including working hours, wages, social security, occupational safety and health, and personal data protection. This legal gap creates uncertainty in employment relationships and significant risks for workers, such as exploitation, excessive workloads, wage inequality, and potential privacy violations. These findings emphasize the need for a comprehensive and responsive reconstruction of labor regulations, adopting the practices of other countries as a reference. Regulations specifically addressing remote working are an urgent need to ensure the protection of workers' rights and the sustainability of digital work models in Indonesia.

Innovation or fraud? The modus operandi of investment startups and the voidance of the business judgment rule

2026-04-22T08:35:40+00:00

The rapid expansion of digital investment startups in Indonesia has contributed significantly to economic growth and financial inclusion. However, this development has also given rise to serious allegations of misconduct in the management of public funds. Cases involving eFishery, Investree, TaniHub, and Akseleran reveal indications of financial statement manipulation, conflicts of interest, non-transparent fundraising practices, and failures in risk management. These circumstances raise complex legal questions concerning the boundary between legitimate business misjudgment and corporate economic crime.

This study aims to normatively examine whether the conduct of digital investment startups remains protected under the Business Judgment Rule (BJR) or instead fulfills the legal elements of economic criminal offenses. The research employs a normative legal methodology, incorporating statutory, conceptual, and case-based approaches. The findings indicate that practices such as financial statement manipulation, fictitious transactions and borrowers, and the concealment of material information constitute structured fraudulent conduct that effectively nullifies the protection afforded by the BJR. The principal contribution of this study lies in articulating a clearer doctrinal boundary between permissible business risk and digital economic crime, while strengthening the legal foundation for the application of corporate criminal liability to digital investment startups.