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Jurnal Jurisprudence, Pp 177-194 (2025)
ISSN 1829-5045 · Muhammadiyah University Press · 180 articles in the index
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Journal Article
Judicial Reasoning on Criminal Sanctions in Court Decision: Comparation between Indonesia and Uzbekistan
ABSTRACT Purpose of the Study: This study aims to provide an in-depth analysis on the judicial reasoning and ratio decidendi in Decision No. 4/Pid.Sus-Anak/2022/PN Lbh on juvenile theft in Indonesia, especially regarding how judges interpret the element of offense, assess the risk of recidivism…
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Journal Article
Age Limit for Regional Head Candidates and Legal Considerations from the Supreme Court Decision No. 23 P/HUM/2024 and Constitutional Court Decision No. 70/PUU-XXII/2024
ABSTRACT Purpose of the Study: This research aims to analyze the legal consideration that influence differences in a Supreme Court Decision and a Constitutional Court Decision in the Regional Head Election process in 2024, and these decisions’ implications on the age limit for regional head…
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Journal Article
Legal Examination of Military Court Decisions on the Criminal Actions of Indonesian Navy Members in Selling Illegal Timber
ABSTRACT Research Objective: This research aims to juridically analyze the Decision of the High Military Court III of Surabaya No. 114-K/PMT.III/BDG/AL/VII/2023 on the involvement of two active members of the Indonesian National Army’s Navy in the crime of transporting timber forest produce without…
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Journal Article
Between Legality and Justice: A Critical Study of the Supreme Court’s Judicial Reasoning in Dispute of the Awyu Customary Forest
ABSTRACT Purpose of the Study: This research aims to analyze the application of legal positivism and living law approaches in judicial reasoning, particularly in the decisions of the Jayapura Administrative Court No. 6/G/LH/2023/PTUN.JPR, the Manado High Administrative Court No…
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Journal Article
A Comparative Study Of The Indonesian Supreme Court's Decision and International Agreements on E-Commerce
ABSTRACT Purpose of the Study: This research aims to analyze the relevance of Indonesia’s domestic regulations in governing e-commerce transactions, especially in the context of interstate taxation as well as evaluate how far these regulations are in line with international legal principles such as…
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Journal Article
Is a Special Environmental Court Necessary for Civil Lawsuits in Indonesia? A Comparative Study of Judicial Decisions in New Zealand and Hawaii
ABSTRACT Purpose of the Study: This research aims to analyze the urgency in forming a special environmental court in Indonesia by analyzing judges’ legal decisions in the case of civil liability over environmental destruction. This analysis also compares the legal system in Indonesia with…
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Journal Article
Restitution for Child Victims as a Recovery Instrument: A Jurisprudential Analysis of Judicial Considerations in Criminal Cases
ABSTRACT Purpose of the Study: This study aims to examine the construction of judicial reasoning across three levels of s, as well as identify the points which indicate disharmony between the principle of legality, the criminal justice regime, child protection norms, and state finance regulations…
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Journal Article
An Analysis of Legal Considerations of Judicial Decisions on Customary Land Disputes: A Comparison of Indonesia and Africa
ABSTRACT Purpose of the Study: This research aims to analyze judges’ legal considerations in adjudicating Decision No. 20/pdt/2021/PTKDI as well as to find the implications of legal changes on customary land regulations in Kondowa Village, Buton Regency, Southeast Sulawesi Province, Indonesia…
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Journal Article
Freedom of Expression vs Political Stability: Legal Interpretation of Commotion in Social Media After the Issuing of a Constitutional Court Decision
ABSTRACT Purpose of the study: This article analyzes the tension between freedom of expression and political stability in the context of the Indonesian Constitutional Court’s Decisions No. 90/PUU-XXI/2023, 78/PUU-XXI/2023, 7/PUU-VII/2009, and 50/PUU-VI/2008 on the Dissemination of Information Via…
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Journal Article
Judicial Restraint Law Politics of the Constitutional Court Against Parliamentary Threshold: A Comparison of Indonesia and Philippines
ABSTRACT The Purpose of this Research is to examine 1) Legal construction of the Judicial Review of Parliamentary Threshold No. 44/PUUXV/2017 and No. 62/PUU-XXII/2024 on Judicial Restraint of Constitutional Court Judges in Indonesia and 2) Legal politics of the regulation and application of…
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Journal Article
Insurers’ Legal Liability in Rejecting Life Insurance Claims: An Analysis of the Medan High Court’s Decision No. 47/PDT/2025/PT MDN
ABSTRACT Purpose of the Study: This research aims to analyze the legal responsibility of insurers in rejecting life insurance claims based on policyholders’ non-material information. This study analyzes the Decision of the Medan High Court No. 47/PDT/2025/PT MDN and compares it with legal practices…
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Journal Article
Ensuring Certainty through Legal Reasoning: What Can Indonesia Learn from the United Kingdom and the Unites States?
Purpose of the study : This study analyzes the principle and methodologies of legal reasoning by judges in the United Kingdom and the United States. Legal reasoning ensures legal certainty by promoting consistency, predictability, transparency, and adherence to legal principles and precedents…
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Journal Article
Judges’ Considerations in the Case Judgment of Premarital Sex Crime with Underage Child Based on Mutual Love at the Bengkulu District Court
ABSTRACT Purpose: This research aims to analyze the form of liability that can be imposed on child perpetrators for criminal acts of premarital sex with an underage child based on mutual love. Furthermore, this research aims to analyze the juridical and non-juridical considerations and the verdict…
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Journal Article
Law Enforcement on Terrorism: The Role of Judicial Decisions
ABSTRACT Purpose of the Study: The repressive law enforcement carried out as a response against the crime of terrorism has caused issues with law enforcement's effectiveness in Indonesia. It was discovered that the normative approach did not cut the chain of terrorism. On the contrary, it created…
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Journal Article
Principles of Legal Compliance on the Constitutional Court Decisions Adoption in Legislation
ABSTRACT Purpose: This study aims to analyze the compliance of the House of Representatives with the follow-up to the Constitutional Court Decision. Methodology: The research method used normative-juridical legal research. The method used the constitutional approach and the statutory approach…
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Journal Article
Juridical Analysis Of Medical Malpractice Actions Carried Out By Ophthalmologist
ABSTRACT / ABSTRAK Purpose of the Study: This research aimed to analyze legal considerations in malpractice cases carried out by ophthalmologists and analyze the differences between medical risk and medical malpractice Methodology: This research is normative legal research using the statute…
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Journal Article
Jurisprudence for Resolving Crimes of Narcotics Abuse by Children in Indonesia
ABSTRACT Objectives: This study aims to analyze the application of diversion in Indonesia in the process of resolving narcotics crime cases against children. It is expected that resolution through the diversion method based on the concept of restorative justice can be regulated in more detail in…
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Journal Article
Juridical Analysis of the State Administrative Court of Surabaya’s Decision No. 32/G/2023/PTUN.SBY on Land Ownership Certificate Overlapping
ABSTRACT Purpose of the Study: This research aims to analyze the State Administrative Court of Surabaya City judges’ basis of consideration in Decision No. 32/G/2023/PTUN.SBY in resolving the dispute of land ownership certificate overlapping through the litigation method and knowing the legal…
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Journal Article
Deactivation of Health Security Participation as a Form of Unlawful Act (Legal Reasoning of the Judicial Decision in the Khalimah vs BPJS Case)
ABSTRACT Purpose of the study: This study examines the legal reasoning behind the judicial decision in the case between Siti Khalimah and the Social Security Administrator of Health (Badan Penyelenggara Jaminan Kesehatan/BPJS) in Papua, Indonesia. This case demonstrates the need for a constructive…
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Journal Article
Implementation of Governance and Sustainable Development Aspects of the Environmental Law Protection and Management Act from the Rationality Perspective of Judges
ABSTRACT Purpose of the study: This article seeks to re-examine whether there is a strong link between components of environmental governance and legal rationality in order to achieve sustainable environmental development. This study investigates the relationship between the substantive features…