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Masalah-Masalah Hukum
Scopus
ISSN 2086-2695 · University of Diponegoro, Faculty of Law · 759 articles in the index
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Journal Article
INTEGRATING ISLAMIC CRIMINAL LAW INTO INDONESIA’S NEW CRIMINAL CODE: A STUDY OF LEGAL PLURALISM AND NORMATIVE TRANSFORMATION
The enactment of New Criminal Code signifies a pivotal shift in Indonesia's criminal law, aiming to harmonize national identity with religious, customary, and Western legal principles. This study investigates the influences of Islamic law to the New Criminal Code, focusing on criminal acts…
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Journal Article
FROM CUSTOMARY GOVERNANCE TO BIODIVERSITY CONSERVATION: LEGAL PROSPECTS FOR COMMUNITY-BASED COASTAL RESOURCE MANAGEMENT AS OECMs IN INDONESIA
This study examines the legal challenges and necessary measures for recognising community-based coastal resource management practices in Indonesia as Other Effective Area-Based Conservation Measures (OECMs). As the Kunming-Montreal Global Biodiversity Framework requires the conservation of at least…
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Journal Article
ETHICAL BOUNDARIES OF GENETIC ENGINEERING PATENTS IN INDONESIA AND MALAYSIA
Genetic engineering increasingly pushes the boundaries of science, technology, and ethics by raising difficult questions about the acceptable limits of human intervention in living organisms. Its relationship with intellectual property law is particularly complex because patent protection is…
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Journal Article
WHEN RESTORATIVE JUSTICE BECOMES CASE NEGOTIATION: LEGAL VALIDITY AND NORMATIVE DISTORTION IN CRIMINAL JUSTICE
Restorative justice is normatively designed to repair harm and restore social relations among offenders, victims, and the community. However, when incorporated into formal criminal justice institutions, it may shift from a relational and reparative process into a negotiation-oriented mechanism for…
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Journal Article
WHEN LANGUAGE BECOMES LAW: INDONESIAN JUDGES AND THE CHALLENGE OF BILINGUAL INTERNATIONAL CONTRACTS
The regulation of contractual language has become a significant legal issue in Indonesia following the enactment of Article 31(1) of Law No. 24 of 2009, which requires Bahasa Indonesia, or the Indonesian language, to be used in agreements involving Indonesian parties. Although this provision was…
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Journal Article
THE LIVING LAW IN INDONESIA’S NEW CRIMINAL CODE: LEGAL PLURALISM, INDIGENOUS AUTONOMY, AND THE RISK OF STATE CO-OPTATION
This study critically examines the incorporation of living law into Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP), with particular attention to how the state defines, recognizes, and regulates legal norms originating from Indigenous and local communities. Although living law…
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Journal Article
REPRODUCTIVE JUSTICE AND WOMEN’S HEALTH RIGHTS IN INDONESIA: BETWEEN LEGAL PROTECTION AND STRUCTURAL INEQUALITY
Women’s reproductive health rights constitute a fundamental component of human rights, imposing an obligation on the state to respect, protect, and fulfill women’s health rights in a fair, equal, and non-discriminatory manner. This study aims to analyze the legal protection of women’s reproductive…
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Journal Article
BALANCING TECHNOCRACY AND POLITICS IN THE INDONESIA’S MULTI-PARTY PRESIDENTIAL SYSTEM: LEGAL CHALLENGES IN DESIGNING STATE MINISTRIES
The institutional design of state ministries is a central element of Indonesia’s constitutional system because it determines how executive authority is organised, coordinated, and made accountable. Although Article 17 of the 1945 Constitution grants the President authority to establish ministries…
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Journal Article
SYNTHETIC CHILD SEXUAL ABUSE MATERIAL AND INDIAN CRIMINAL LAW REFORM: A COMPARATIVE STUDY OF UK AND US LEGISLATIVE RESPONSES
The rapid development of artificial intelligence (AI) has transformed various sectors, but it has also created serious challenges for child protection, particularly in the digital environment. One of the most alarming developments is the emergence of AI-generated child sexual abuse material (CSAM)…
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Journal Article
DISASTER RISK REDUCTION AND SOCIAL JUSTICE FRAMEWORK IN INDONESIAN LAW: FROM NATIONAL TO LOCAL REGULATION
This study examines the extent to which disaster risk reduction (DRR) law incorporates social justice as a normative foundation. It argues that disaster law, particularly within the contemporary DRR paradigm that prioritises prevention, resilience, and collaborative governance, must move beyond…
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Journal Article
REDEFINING CHILDHOOD: ADDRESSING LEGAL INCONSISTENCIES AND THE ROLE OF TRANSITIONAL AGE IN JUVENILE JUSTICE
Indonesia’s legal framework, grounded in civil law, predominantly utilizes statutes as its primary source of legal authority. Nonetheless, discrepancies in the definitions of legal terminology across different statutes have resulted in ambiguity, especially regarding the interpretation of the term…
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Journal Article
STRENGTHENING LEGAL PROTECTIONS AGAINST SOCIAL ENGINEERING IN DIGITAL BANKING: CHALLENGES, GAPS, AND RECOMMENDATIONS
Social engineering is a form of manipulation used by malicious actors in digital banking services, exploiting social interaction mechanisms that can lead to financial losses for customers. Under Article 55 of the Financial Services Authority Regulation on Consumer Protection, financial institutions…
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Journal Article
JUSTIFICATION FOR THE ESTABLISHMENT OF A LAND COURT IN INDONESIA: REALIZING JUSTICE IN LAND DISPUTE RESOLUTION
Agrarian disputes in Indonesia are highly complex, covering a range of issues such as customary and communal land rights, certificate disputes, conflicts between communities and corporations, and state land acquisition. These challenges are compounded by the inability of general courts to…
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Journal Article
AGRARIAN REFORM AS A HUMAN RIGHTS IMPERATIVE: BRIDGING INEQUALITY AND JUSTICE IN LAND DISTRIBUTION
This study investigates the connection between agrarian reform and human rights, exploring how agrarian reform, as a strategy to address structural inequalities in land distribution, is fundamentally linked to human rights principles. Through a normative approach incorporating statutory…
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Journal Article
AUTHORITY, DISCRETION, AND INCLUSION: A SOCIO-LEGAL ANALYSIS OF MARRIAGE REGISTRARS AND SENSORY DISABILITIES IN INDONESIA
This study explores the role of marriage registrars in Indonesia when officiating marriages involving individuals with sensory disabilities. Focusing on Jombang Regency, East Java, the research investigates the legal actions and motivations of registrars in ensuring the compliance of marriage…
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Journal Article
PROTECTING PALESTINIAN CHILDREN IN GAZA: LEGAL ENFORCEMENT OF THE UNITED NATIONS CHILD RIGHTS CONVENTION
This study aims to analyze the effectiveness of the United Nations Convention on the Rights of the Child (UNCRC) in protecting children’s rights in Palestine, particularly in Gaza, which has experienced severe violations of children’s rights due to Israeli attacks since October 2023. Israel, as a…
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Journal Article
GREGORY LEYH’S APPROACH TO CONSTITUTIONAL HERMENEUTICS: A CRITICAL ANALYSIS OF LEGAL HERMENEUTICS ACCORDING TO HANS-GEORG GADAMER
Constitutional interpretation is a crucial and evolving field that extends beyond judges, involving legal scholars, citizens, and political theorists. It encompasses various methods such as originalism, textualism, moral reasoning, structural reasoning, and comparative constitutional law, each…
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Journal Article
LEGAL VALIDITY OF SMART CONTRACTS FOR INVESTMENT PURPOSES: ANALYSIS OF INDONESIA’S LEGAL POLITICS AND EMERGING CHALLENGES
The rapid development of digital technology has significantly transformed various economic sectors, particularly through the emergence of digitized contracts, including electronic contracts and smart contracts. These innovations are especially impactful in the investment sector, providing enhanced…
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Journal Article
REVITALIZING POST-MINING LAND: THE ROLE OF THE LAND BANK IN PROMOTING SOCIAL JUSTICE AND ENVIRONMENTAL SUSTAINABILITY
This research examines the role of the Land Bank in Indonesia’s legal policy, focusing on state rights and the pursuit of social justice. According to Article 33 of the 1945 Constitution, the state holds the authority to control land and natural resources, ensuring their use for public welfare. The…
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Journal Article
DISSEMINATION OF COMMUNISM/MARXISM-LENINISM AS POLITICAL OFFENSE IN INDONESIAN: NATIONAL SECURITY PROTECTION OR ACADEMIC FREEDOM THREAT
This study examines Indonesia’s historical relationship with Communism and Marxism-Leninism, ideologies linked to the Madiun Rebellion of 1948 and the 1965 attempted coup. Despite the collapse of the Soviet Union and the global decline of Communist influence, legal provisions criminalizing the…