Law Journals | Jurnal Online Page 40

Comparative Assessment of Civil Procedure in Indonesia and The Netherlands: The Source of The Principles

Law

This paper assessed the different sources of principles in the civil procedure between Indonesia and the Netherlands. Indonesia still uses the Inlands...

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This paper presents a timely and critical comparative assessment of civil procedure principles in Indonesia and the Netherlands, focusing on their res...

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Riky Prasetia, Tajul Arifin, Ine Fauzia

Relevance of Article 7 of the Universal Declaration of Human Rights to the Enforcement of Prisoners’ Human Rights in Correctional Institutions

Law

The treatment of prisoners often still deviates from human rights standards. In fact, prisoners are entitled to the same protection before the law as...

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This study addresses a critical and persistent issue in human rights law: the treatment of prisoners in correctional institutions, which frequently fa...

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Muhammad Aqil Kamaluddin

History and Application of Piercing the Corporate Veil Doctrine: A Comparison Study between the United Kingdom and Indonesia

Law

Separate legal entity doctrine is a foundation in corporation law, and courts have generally resisted deviations from it, save in specific instances i...

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This paper proposes a timely and relevant comparative study on the Piercing the Corporate Veil (PCV) doctrine, a critical exception to the fundamental...

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Muh Farhan Arfandy, Asfara Rachmad Rinata

Economic Crisis Recovery with Legal Policies by Governments (A Comparative Study between Indonesian, French, and Argentinian Law)

Law

This article compares the legal policies implemented by France, Argentina, and Indonesia in addressing economic crises. The research method used in th...

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This article undertakes a timely and ambitious comparative study of legal policies adopted by France, Argentina, and Indonesia in response to economic...

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Axcelia Deandra Surya

Balancing Formalism and Justice An Analysis of Indonesian Mahkamah Agung’s Obscuur Libel Case Law in Light of ECtHR Standards

Law

Legal formalism plays a crucial role in ensuring consistency and predictability in judicial decision-making. However, excessive formalism can obstruct...

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This paper tackles a highly relevant and perennially debated issue within legal scholarship: the delicate balance between procedural formalism and the...

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Asfa Asfiais Sholihah

Policy on the Provision of Contraceptive Devices for School-Aged Children and Adolescents from the Perspective of Legal Utility

Law

The policy on providing contraceptive devices for school-aged children and adolescents in Government Regulation No. 28 of 2024 on Health does not clar...

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This study tackles a highly pertinent and sensitive issue concerning public health and legal policy in Indonesia: Government Regulation No. 28 of 2024...

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Barbara Janusz-Pohl

Is a new constitutive rule born or rather brought to life? Interpreting admissibility of evidence based on the judgment of the CJEU in the EncroChat case

Law

The article analyzes the admissibility of evidence under Directive 2014/41/EU, focusing on a new constitutive rule for evidentiary action recognized b...

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The article, "Is a new constitutive rule born or rather brought to life? Interpreting admissibility of evidence based on the judgment of the CJEU in t...

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Cláudia Toledo

Are There Really “Tragic Cases”?

Law

The aim of this article is to critically analyze the concept of the tragic case proposed by Manuel Atienza, starting from the same basis – the work of...

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This article, titled "Are There Really 'Tragic Cases'?", presents a sharp critical analysis of Manuel Atienza's concept of the "tragic case." The auth...

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Ana Raquel Gonçalves Moniz

Juridicity and Legality

Law

This text aims to explore the moments of divergence and convergence between the constructions that led to the emergence of the rule of law and the Rec...

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The paper proposes to delve into a highly pertinent and complex area of comparative constitutional and public law: the conceptual evolution, divergenc...

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This paper, titled "Proportionality vs. legalism," offers a compelling argument for the fundamental coherence of legalism and proportionality within t...