JEAIL > Volume 15(2); 2022 > Articles
Research Paper
Published online: Nov. 30, 2022

How do Indonesian Judges Approach Human Rights in Private Law Cases? A Comparative Exploration

Shidarta & Stijn Cornelis van Huis & Eko Riyadi
Bina Nusantara University
Bina Nusantara Business Law Department, Jln. KemanggisanIlir III No. 45, Jakarta 11480, Indonesia.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

This explorative paper investigates the application of human rights to civil law cases in Indonesia. Human rights are often placed within the realm of public law. Yet, fundamental rights and freedoms also apply to private law cases. The human rights literature, however, does not exist in Indonesian private law. This article explores how human rights are applied in Indonesian civil law cases with reference to the models of human rights application developed by Aharon Barak and Olha Cherednychenko. We found that in Indonesia, judges apply human rights law to civil law cases indirectly, yet this application is inconsistent. The Supreme Court has attempted to increase legal unity by making case law (yurisprudensi) more accessible and by issuing internal regulations that must serve as guidelines for judges-including the application of fundamental rights in civil law cases. Case law and guidelines, however, lack thorough legal reasoning and are, therefore, difficult to apply to complex cases.

Keywords : Inflation Reduction Act, Clean Vehicle Subsidy, National Treatment, Local Content Requirement, KORUS FTA

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