Comparative Law Between Indonesia and Philippines Regarding the Procedure for Issuing Replacement Land Certificates

Land certificates are a fundamental aspect in ensuring legal certainty of land ownership. In practice, land certificates, although serving as strong legal evidence, are often damaged or lost, which can create new legal issues during the transfer of rights. In such cases, the rights holder may submit a request for a replacement certificate to the Land Office. This article compares the legal frameworks of Indonesia and the Philippines regarding procedures for issuing replacement certificates due to damage. In Indonesia, the replacement certificate is issued by the National Land Agency (BPN), whereas in the Philippines, the rights holder must file a petition to the court to obtain a recommendation for issuing a replacement certificate. This study employs a normative juridical method with a comparative legal approach and qualitative analysis of secondary data, including legislation, court decisions, and relevant legal literature. The findings show that the Administrative Court Decision No. 60/G/2023/PTUN.SMG declared that the issuance of replacement certificates by BPN in Pekalongan Regency violated legal provisions and the general principles of good governance. This indicates that although Indonesia’s system is faster and more efficient, it lacks strong legal safeguards. Meanwhile, the Philippines applies a slower, court-based process that ensures the validity of documents and provides stronger legal protection. Therefore, Indonesia needs to strengthen its procedures, improve internal oversight, and enhance transparency and accountability in the issuance of replacement land certificate

CEDAW Perspective on Legal Protection for Women Victims of Honor Killing in Pakistan

Despite being a Muslim country, Pakistan still has laws that discriminate against women, especially when it comes to their status as victims of assault. An example is the honor killing that occurred in this country, which is a very crucial event. This research aims to ensure and analyze the protection of women's human rights and Pakistan's legislative framework. In this research, normative legal research is used to analyze the provision of legal protection to women who are victims of honor killings in Pakistan. This research analyzes the perspective of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to provide answers on the formulation of the problem put forward in this research. Using this research methodology, it was determined that several reasons contributed to the incomplete implementation of legal regulations related to establishing women's human rights in Pakistan, including the lack of adequate legal enforcement, ingrained patriarchal culture and customs, and lack of knowledge. among women themselves about their rights. Additionally, there is evidence of substandard implementation of CEDAW, acts of discrimination against women, and cases of honor killings signed by Pakistan. Meanwhile, the CEDAW articles set out rules regarding how women's rights should be realized

Breaking the Silence: Necrophilia in Indonesia and the Pressing Demand for Legal Reform

Necrophilia, the act of engaging in sexual activities with corpses, remains an unregulated legal and ethical issue in Indonesia. The absence of specific legal provisions creates challenges in law enforcement and societal protection. This study analyzes the legal gaps in handling necrophilia cases and proposes reforms to ensure proper criminalization and deterrence. Using a normative legal research method, this study relies on library resources, including books, journals, and legal documents. Case studies help examine the legal and social implications of necrophilia. The findings reveal that necrophilia is not explicitly regulated under the Indonesia’s Criminal Code, leading to inconsistent legal responses and unclear punitive measures. While such acts violate societal norms and laws, their legal categorization remains ambiguous. A comparative analysis of international legal frameworks highlights the need for Indonesia to strengthen its laws. Countries like the UK and the U.S. classify necrophilia as a sexual crime, ensuring stricter penalties. The absence of similar provisions in Indonesia underscores a critical gap in the country’s criminal law, requiring urgent reform. Addressing this gap will reinforce legal protections and uphold societal values regarding the dignity of the deceased. It is recommended that Indonesia incorporate specific laws against necrophilia, drawing from international best practices, to ensure comprehensive legal enforcement and deterrence

Are Judges Listening? Rethinking Sentencing in Child Sexual Violence through Victim Impact Statements in Indonesia

The protection of victims' rights, especially child victims of sexual violence, remains a major challenge in Indonesia's criminal justice system. One critical yet underutilized instrument is the Victim Impact Statement (VIS), which allows victims to convey the psychological, emotional, social, and economic impact of the crime they experienced. However, the implementation of VIS in Indonesia is still limited due to the absence of explicit regulation in the current Criminal Procedure Code (KUHAP). This paper aims to examine the role of VIS in strengthening victim protection and to analyze the inhibiting factors affecting its implementation in the Karanganyar District Court. Using a socio-legal approach, this study combines normative legal research with empirical data gathered through interviews with judicial actors. The findings reveal that the main obstacles lie in three areas: the lack of legal substance (absence of specific VIS regulation), weak legal structure (limited procedural guidelines and institutional support), and unsupportive legal culture (stigmatization of victims and lack of victim-centered perspectives among legal practitioners). The study proposes a structured model of VIS based on Supreme Court Regulation No. 1 of 2022 and international practices, aiming to fill the normative gap and support future reform of Indonesia’s criminal procedure law. Strengthening VIS as a legal and procedural tool is essential for ensuring justice that is not only punitive but also restorative and responsive to the needs of victims

Why Indonesia Should Ratify the Biodiversity Beyond National Jurisdiction Agreement?

Indonesia signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in June 2023 but has yet to decide on ratification. This treaty fills legal gaps in UNCLOS 1982 by regulating marine genetic resources (MGRs), marine protected areas (MPAs), environmental impact assessments (EIAs), and equitable benefit-sharing mechanisms in areas beyond national jurisdiction (ABNJ). Given Indonesia’s strategic position as the world’s largest archipelagic state, ratification is essential to align national policies with global commitments, secure access to MGRs, and reinforce Indonesia’s role in international ocean governance. This study employs a doctrinal legal approach to examine Indonesia’s rights and obligations under the BBNJ Agreement and identify necessary adjustments to domestic laws and policies. The findings indicate that delaying ratification weakens Indonesia’s position in ABNJ governance and risks limiting access to MGR-related research, technology transfer, and benefit-sharing opportunities. Immediate ratification would ensure Indonesia’s active participation in global marine conservation while strengthening national legal certainty and maritime diplomacy. Future research should explore legal harmonization strategies to facilitate effective implementation of the agreement

Protecting Children from Harmful Digital Content: Legal Responsibilities in Makassar Family Karaoke

This research analyzes the legal responsibility of family singing house business actors toward minor consumers in the context of digital content transformation in Makassar City. Family singing homes as a fast-growing entertainment industry face significant challenges regarding the protection of child consumers from digital content that contains pornographic elements. This research identifies the gap between legal provisions and practical implementation in the field through a juridical-empirical approach with a case study method. The results show that digital content transformation in family singing homes has changed the character, accessibility, and potential impact of content on child consumers. In business practices, it was found that there was an absence of a content filtering system, access restrictions based on age, and supervision of the activities of child consumers. The main obstacles in implementing the legal responsibilities of business actors include regulatory, technical, economic, and sociocultural aspects. This research proposes an alternative model of child consumer protection that integrates co-regulation, technological solutions, community governance, and diversified liability. The study's novelty lies in analyzing the multi-disciplinary intersection of law, the empirical exploration of digital content transformation, developing alternative models of child consumer protection, and contextualizing consumer protection law in local wisdom. The findings of this research have implications for reforming digital entertainment industry regulations, developing best practices, and consumer education and empowerment to ensure adequate protection for child consumers in the digital transformation er

Characteristics of Professional Liability Insurance for Doctors in Indonesia

oai:ojs2.jos.unsoed.ac.id:article/15465Regulation of the Minister of Health of the Republic of Indonesia Number 755/MENKES/PER/IV/2011 concerning the Organization of Medical Committees in Hospitals in the section on credential mechanisms and granting of clinical authority for medical personnel in Hospitals in number 12 point D states that: "Doctors have Professional Indemnity Insurance ."This provision creates an obligation for hospitals or doctors to have professional liability insurance for doctors to protect their profession. This study aimed to determine the characteristics of professional liability insurance for doctors. The method used in this study is normative juridical with a statutory approach and a conceptual approach. This study indicates that professional liability insurance for doctors is included in loss insurance because what is insured is the risk of compensation for the doctor's profession carried out by the doctor in carrying out his profession. At the same time, the doctor's medical risk is not covered according to what is regulated in the policy. In addition, the characteristics of professional liability insurance for doctors are also related to the grouping of the level of risk of medical negligence in each classification of doctors. This group determines the premium and compensation paid to the doctor as compensation to the patient. Doctors use insurance claims to compensate patients if the doctor commits medical negligence and other costs

The Living Law in Judicial Decisions: Formulation and Implications of the National Criminal Code

A good law is a law that is in accordance with the law that lives in the community (living law) and in accordance with the reflection of the values prevailing in the community. In its development, living law has been accommodated in Article 2 paragraph (1) of the National Criminal Code. This research analyzes the formulation of living law provisions in the community in the National Criminal Code and its implications for Judges in making legal considerations in their decisions. This research uses normative juridical research method with statutory, historical, conceptual, analytical, and case approaches. The results showed that the formulation of Laws Living in Society in the National Criminal Code contained 15 provisions with five variations of terms such as “laws living in society”, “norms of decency”, “values of law and justice”, “local customary obligations”, and “fulfillment of customary obligations”, then the implications of laws living in society in the National Criminal Code have consequences for Judges can be a reference for adjudicating cases involving customary law and additional legal considerations. Although there are no Government Regulations and Regional Regulations regarding laws that live in the community, Judges are still obliged to explore legal values and a sense of justice that live in the community

Comparing the Separation of Powers in Indonesia and Russia: Constitutional Structures and Political Impacts

The distribution of power in Indonesia and Russia shows differences in the implementation of the principle of separation of powers. Indonesia, as a unitary state with a presidential system, faces challenges in maintaining balance between the central and regional governments. Meanwhile, Russia, as a federal state with a semi-presidential system, remains centralized, with executive power largely dominated by the president. This study aims to analyze the model of power distribution in the constitutional law of Indonesia and the Russian Federation based on their respective governmental systems, as well as to identify the advantages, disadvantages, and implications for government stability in both countries. This research employs a normative legal method with a statutory, comparative, and conceptual approach to analyze the power distribution model in Indonesia and Russia based on their constitutions and relevant regulations, using library research techniques and qualitative analysis. The findings indicate that the power distribution models in Indonesia and Russia differ according to their respective governmental systems. Indonesia adopts a presidential system with strong checks and balances between the executive, legislative, and judicial branches, while Russia follows a semi-presidential system that grants dominant authority to the president. Indonesia emphasizes power balance through democracy and decentralization, though it faces challenges such as political gridlock and slow bureaucracy. Conversely, Russia enjoys stronger political stability due to executive dominance, but at the risk of weakening checks and balances and limiting political freedoms. Thus, the governmental systems in both countries have their own advantages and disadvantages in influencing stability and governance effectiveness

Fulfilling Women’s Rights in Jakarta’s Class IIA Prison

Correctional institutions function to provide correctional services to inmates who are carrying out criminal sentences. For female prisoners, Indonesia places them in special correctional institutions for women. The Jakarta Class IIA Women's Correctional Institution is one institution formed to guide female WBPs. While in prison, prisoners have rights that must be respected, protected, and fulfilled. This article attempts to establish a national legal policy to guarantee the rights of women inmates in Indonesia and the availability of inmates' rights in Indonesia. This research is yuridis normative. The research results show that at a practical level, there are rights of female prisoners that cannot be accessed, their fulfillment is late, and their fulfillment is a formality to fulfill the provisions of the rules. The various factors that cause non-optimal fulfillment of rights include overcapacity, lack of exceptional standards for female prisoners, inadequate budget, inadequate facilities and infrastructure, weak third-party support, and problems with the quality of human resources for prison officers. The author suggests that the Government fulfill the human rights of inmates by making many changes, such as increasing the budget, collaborating with third parties, and others. Suggestions for the Government to continue to improve the fulfillment of the rights of women prisoners, which is not just a formality but is also optimized, for example, prison capacity, adequate budget, infrastructure, and the quality of prison officer resources