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ISSN 2721-8384 · Universitas Airlangga · 175 articles in the index
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Journal Article
Legal Protection for Third Parties Acquiring Rights in the Management of State Receivables
The government has made various efforts to maximize state revenue, one of which is through issuing Government Regulation No. 28 of 2022 regarding the Management of State Receivables by the State Receivables Committee (Government Regulation 28/2022). According to this regulation, third parties who…
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Journal Article
Comprehensive Normative Analysis Concerning Indonesia Domain Name Legal Policy
The world is moving toward the digitalization period in the frame of the Industrial Revolution 4.0. Prof. Klaus Schwab stated that the Website was included in matters affecting the current direction of civilization in society. In the Website, the Domain Name is an important component that serves as…
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Journal Article
Protection of Medical Facilities and Personnel in Gaza Conflict: Humanitarian Law Perspective
The ongoing conflict in Gaza has significantly exacerbated the humanitarian crisis, particularly impacting the health sector. This study examines the forced expulsion of medical personnel from hospitals by the Israeli army in Gaza on December 25, 2024, which raises serious concerns regarding…
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Journal Article
Liability of Directors for Failure to Record Changes in Ownership of Inherited Shares
Shares are a form of ownership of a person who has voting rights, rights to dividends, and rights to a share of assets in the event of liquidation. In the event that the owner of the shares dies, the transfer of ownership of the shares cannot occur immediately, but must go through a procedure so…
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Journal Article
The Future of Arbitration for Personal Data Disputes in Indonesia: Weighing the Benefits and Challenges
Law No. 27 of 2022 on Personal Data Protection (“PDP Law”) states that any personal data protection dispute can be settled through court, arbitration or any other form of alternative dispute resolution. Due to the recent issuance of the PDP Law, dispute resolution in the field of personal data is…
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Journal Article
Freedom of Contract Illusion in the Employment Agreement
The presence of freedom of contract presupposes that the parties to the agreement are free to choose the agreement’s terms, structure, participation, and several other freedoms. As a type of contractual relationship, employment contracts are thought to include some degree of contractual freedom…
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Journal Article
Responsibility of the Board of Directors of Islamic Banking Regarding Unrecorded Mudharabah Deposits in Cash Account Reports
In sharia banking, Mudharabah deposits are known as banking products and are a form of investment for debtors and creditors. Mudharabah is an investment transaction from the capital owner, namely Shahibul Maal, to the Mudharib, or capital manager, to carry out certain business activities in line…
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Journal Article
UNCITRAL Model Law on International Commercial Arbitration and the Reform of the Arbitration Evidence Process in Indonesia
Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution regulates the arbitration process in Indonesia, but it does not yet provide an adequate system regarding the evidentiary mechanism. One of its main weaknesses is the absence of authority for either arbitrators or courts to…
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Journal Article
Digital Taxation on Over-The-Top Services: A Comparative Study of Regulations in Indonesia and the ASEAN Region
Digital transformation has driven the rapid growth of Over-the-Top (OTT) services in the ASEAN region, including Indonesia, presenting new challenges for national tax systems. The digital and cross-border nature of the OTT business model, operating without the need for a physical presence…
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Journal Article
Constitutionality of Recall Regulations for Officials Elected by the House of Representatives
Efforts to disrupt the independence of state officials elected by the DPR did not stop at the time of the removal of the Constitutional Judge some time ago, rather the practice was again carried out undemocratically and then legitimized by law, commonly known as autocratic legalism, through the…
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Journal Article
The Tax Responsible Party of Corporate Taxpayer on Legal Liability Discourse
This article examines, from the perspective of legal liability, the determination of third party liability other than corporate taxpayers, both personally and jointly. The discussion covers three areas, including tax provisions, tax court decisions, and the concept of legal liability. The results…
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Journal Article
Comparison of Regulations on Medical Professional Discipline Enforcement Institutions between the United States, the United Kingdom, Singapore and Indonesia
Law Number 17 of 2023 on Health served as a momentum for evaluation of the regulation regarding ethics and professional discipline enactment body for medical personnel, which includes doctors and dentists. The purpose of this research is to provide comparisons from regulations in the United States…
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Journal Article
Optimizing Law Enforcement in the Case of Online Gambling Promoters/Endorsements
This study aims to investigate strategies for optimizing law enforcement in cases of online gambling promoters or endorsements. The primary objective is to analyze the effectiveness of existing legal measures and explore potential improvements or innovations in law enforcement to address illegal…
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Journal Article
Liability of Freight Forwarding Companies for Losses on Delivery of Fishery Products Due to Container Shortage Effects
Nowadays various types of transportation are also used in the context of Indonesia’s development, one of which is the sea transportation service business or better known as freight forwarding. However, there has been a decline in export products which cannot be separated from the impact of…
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Journal Article
Islamic Economic Law in the Digital Age: Navigating Global Challenges and Legal Adaptations
This study examines the challenges and adaptations of Islamic economic law in addressing global economic transformations in the digital era, particularly in Indonesia. The research aims to analyze how Islamic legal frameworks respond to the rise of fintech, blockchain, and smart contracts while…
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Journal Article
Legal Review of Knock-off Culture in K-Pop-Inspired Outfits Based on Industrial Design Law
Knock-off culture in K-Pop-inspired outfits is quite contrary to Indonesia’s objective in developing the industrial sector, which is increasing competitiveness through the optimization of industrial design that is rooted in Indonesia’s cultural wealth as a part of integrity in global trading…
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Journal Article
Pembatasan Yudisial dan Perluasan Kewenangan Mahkamah Konstitusi dalam Memutus Sengketa Hasil Pilkada
Abstract The Constitutional Court in Decision Number 85/PUU-XX/2022 stated that the authority to decide regional head election result dispute is the Constitutional Court’s original authority. This decision represents a shift from the Court’s position in Decision Number 97/PUU-XI/2013, which stated…
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Journal Article
Redesain Pengisian Kekosongan Jabatan Wakil Presiden Menurut Konstitusi
Abstract The regulation of the period for filling the vacant position of Vice President as stipulated in Article 8 paragraph (2) of the 1945 Constitution of the Republic of Indonesia (Constitution) only governs the duration of People’s Consultative Assembly (MPR) sessions. Nonetheless, it does not…
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Journal Article
Pengaturan Kendaraan Modifikasi Untuk Difabel dalam Pengoperasian Lalu Lintas dalam Prespektif Hukum Transportasi
Abstract Law Number 22 of 2009 concerning Road Traffic and Transportation stipulates that motorized vehicles operating on highways must meet technical and other road requirements as referred to in Article 48 of Law Number 22 of 2009 concerning Road Traffic and Transportation. In the development of…
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Journal Article
The Epistemology of Land in an Adat Perspective: Philosophical Aspects of Human Relations With Land in the View of Mohammad Koesnoe
Abstract The spirit of agrarian law reform in Indonesia has been proposed since 2001, but to date it has not been realized. On the one hand, the existence of adat law as the basis for the formation of national agrarian law as stated in the UUPA needs to be questioned again, whether it actually uses…