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ISSN 0126-0235 · Universitas Brawijaya · 443 artikel di indeks
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Artikel Jurnal
Lame-Duck Legislation and Executive Aggrandisement in Indonesia
This study examines legislative dynamics during presidential and parliamentary transition periods (lame-duck sessions) in Indonesia to address two questions: (1) how do political configurations shape the enactment of the Government Regulation in Lieu of Law by the President and the Law by the DPR…
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Artikel Jurnal
Surrogacy and the Legal Consequences of Children in Indonesia (Towards A Maqasid–Certainty Synthesis Framework)
Surrogacy presents a significant legal challenge in Indonesia, as technological developments in assisted reproduction have transcended the capacity of existing legal frameworks to regulate the resulting parent–child relationship. The absence of comprehensive regulation creates uncertainty in the…
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Artikel Jurnal
Protecting the Digital Child: Nigeria’s Child Online Access Protection Bill and the EU GDPR
Rapidly expanding digital technologies have led to urgent legal challenges, increasing children’s exposure to algorithmic harm, cyber-grooming, harmful content, and data exploitation. This study examines how Nigeria’s Child Online Access Protection Bill (HB 244), passed by the National Assembly…
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Artikel Jurnal
Political Dynasties and Democratic Erosion In Indonesia’s 2024 Presidential Election
Political dynasties became a central legal and ethical controversy in Indonesia’s 2024 presidential election, as candidate eligibility, judicial ethics, and incumbent neutrality converged in the candidacy of Gibran Rakabuming Raka. Previous studies by Mukti and Rodiyah (2020), Luluardi and…
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Artikel Jurnal
Restorative Justice in the Juvenile Justice System: The Quandary Between Restoration and Deterrence
Enforcing restorative justice principles within the juvenile justice system often triggers debate over effective restoration versus law enforcement. Unlike previous studies focusing on local juridical analysis (Rizki et al., 2024), scheme effectiveness (Adnyana, 2023), or the best interests of the…
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Artikel Jurnal
Judicial Bribery in Indonesia: Legal Culture, Illiberal Legalism, and Southeast Asia
Judicial bribery in Indonesia persists despite successive institutional reform cycles since the Reform era, a persistence that institutional weakness alone cannot explain. Existing studies leave three gaps: single-country historical accounts (Lev, 2000; Pompe, 2018; Crouch, 2019) do not compare…
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Artikel Jurnal
Reconstructing Indonesia’s Psychological Provocation Doctrine: Toward Gender-Responsive Criminal Liability Reform
This research examines the urgency of reconstructing the provocation doctrine in Indonesian criminal law related to murder committed under conditions of loss of self-control due to severe psychological pressure. The problem arises following the absence of provisions in Law No. 1 of 2023 on the…
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Artikel Jurnal
Reorientation of Law Enforcement of Excise Crimes Through the Ultimum Remedium Approach
Law enforcement against excise crimes in Indonesia remains ineffective, as the punitive approach (primum remedium) is overly dominant, leading to suboptimal recovery of state losses and increased excise taxpayer compliance. This condition emphasises the urgency of applying the ultimum remedium…
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Artikel Jurnal
Carbon Border Adjustment Mechanism: Between Climate Target and Climate Justice
The Carbon Border Adjustment Mechanism (CBAM) raises urgent legal questions about whether climate ambition pursued through border measures can be reconciled with equity and common but differentiated responsibilities and respective capabilities (CBDR-RC), and sustainable development. While Mehling…
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Artikel Jurnal
A Legal Study on Business Competition in the Field of Financial Sector Technological Innovation and its Challenges
Technological innovation in the financial sector has altered the market structure and the pattern of business competition in Indonesia. Digitalisation through fintech and financial platforms fosters financial efficiency and inclusion, while simultaneously raising new legal issues, such as potential…
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Artikel Jurnal
Global Legal Issues Concerning Patentability of Phage-Based Therapeutics
Phage-based therapeutics offer a promising solution to the growing global threat of multidrug-resistant bacterial infections. However, the patentability of these biologics faces significant legal problems due to varying international standards and the challenge of distinguishing naturally occurring…
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Artikel Jurnal
Consumer Protection Against Flight Delays Resulting from Airline Operational Failures to Provide Information Services as Part of Human Rights
Flight delays, cancellations, and unilateral flight rescheduling are persistent issues, obstructing the protection of consumer rights in Indonesia’s aviation services sector. The legal issues examined in this study are: (1) the form of legal protection for passengers affected by flight delays from…
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Artikel Jurnal
Popular Sovereignty in Constitutional Transition: Challenging the Validity of the Post-Reform Constitution
This study examines the validity of the post-Reform amendments to the 1945 Constitution of the Republic of Indonesia from the perspective of Constitutional Law Theory. The urgency lies in a fundamental legitimacy paradox: although the amendments procedurally complied with Article 37, the People’s…
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Artikel Jurnal
Legal Resilience of Islamic Banking in Indonesia Amid Economic Crises
This article examines the legal resilience of Islamic banking in Indonesia during three major economic crises: the 1998 monetary crisis, the 2008 global financial crisis, and the COVID-19 pandemic. The central legal issue is whether the legal framework governing Islamic banking has sufficient…
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Artikel Jurnal
Comparative Analysis of Undue Influence as a Basis for Contract Annulment: Comparison Indonesia and Malaysia
This research offers novelty by conducting a comparative analysis of the application of the doctrine of undue influence in contract cancellation in Indonesia, particularly in the context of comparing different legal systems. Previous study such as those conducted by Ariyanto (2023), revealed that…
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Artikel Jurnal
The Existence of “PTUN” as Judicial Power Institution in Indonesia (A Comparative Study of Institutional Format)
As Strong’s study, the sharp difference between the common law and the civil law is the existence of an administrative judiciary (“Peradilan Tata Usaha Negara” / PTUN). Indonesia has a special affinity for the habits of civil law countries, but the implementation of PTUN actually tends to adopt the…
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Artikel Jurnal
Administrative Sanction Governance Reform: Optimising the Application of Administrative Sanctions in Indonesia
In previous decades, the Administrative Court (PTUN) was not sufficiently functional to some extent. This article discusses the role of State Administrative Law in operating the oversight and the implementation of administrative sanctions in Indonesia, as well as the issues related to the…
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Artikel Jurnal
The Right to Reading Materials
Article 13(2) of the ICESCR contains the provision of the right to education and freely access educational affairs, including reading materials. But can we establish the right to reading materials as the citizens’ rights? Does it apply to a certain group or all people without exception? And, under…
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Artikel Jurnal
Immigration Policies During the Pandemic In Indonesia: Economic Recovery v. Basic Rights
The COVID-19 pandemic has posed a significant challenge for Indonesia and nearly all countries worldwide. Each country has implemented its own policies to address the pandemic, but these policies are not always appropriate for the public, particularly regarding reopening national borders. A similar…
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Artikel Jurnal
Copyright Ownership of News Content on User Generated Content Based Platforms in Kompasiana
Unlike previous studies that generally discuss copyright ownership in User-Generated Content (UGC) platforms, this research specifically analyzes the legal implications of Kompasiana’s terms and conditions concerning copyright and economic rights. This normative legal research using a statutory and…