Post-mining governance in coal-producing regions is often unable to translate regulatory compliance into actual ecological recovery, as evidenced by East Kalimantan's environmental challenges. Therefore, this study aimed to examine implementation gaps in Indonesia's legal framework for reclamation and propose legal reforms grounded in ecological justice. A socio-legal method was used to integrate normative analysis, semi-structured interviews with 12 multi-level stakeholders, and comparative assessments of Australia, South Africa, and India. The results identified four critical gaps, namely discrepancies between administrative compliance and ecological outcomes, inadequate financial assurance, uncertain land transfer, and fragmented institutional oversight. This study showed that regulatory compliance without corresponding ecological outcomes could not ensure environmental restoration and contributed the Ecological Outcome-Based Post-Mining Governance (EOB-PMG) framework. The model shifted legal effectiveness from formal compliance toward measurable ecological recovery, risk-based financial assurance, integrated enforcement, and long-term stewardship, supported by international lessons in progressive rehabilitation and integrated mine-closure planning.
This study addresses the constitutional ambiguity surrounding the hierarchical status and domestic application of international human rights treaties, particularly in legal systems where treaty incorporation lacks explicit constitutional regulation. Though earlier researches have discussed issues such as treaty incorporation and constitutionality, there has been little analysis of the comparative role played by courts in bridging the international and domestic legal systems. The study adopts a qualitative doctrinal and comparative legal methodology, analyzing constitutional provisions, legislative frameworks, and judicial decisions across Jordan, France, and selected Arab jurisdictions, including Egypt and Morocco. The findings reveal that France adopts a hierarchical model granting supremacy to ratified treaties, whereas Jordan reflects a pluralist approach in which international norms function primarily as interpretive tools rather than directly binding rules. Egypt and Morocco exhibit hybrid models that combine formal recognition of international obligations with varying degrees of judicial and legislative mediation. The study concludes that the implementation of international human rights treaties cannot be adequately explained through traditional monist–dualist frameworks. It seeks greater clarity with regard to the constitutional or statutory treatment of treaties without compromising judicial flexibility in interpretation for the sake of legal certainty.
Conservation governance is frequently characterized as a rule-based system in which bureaucratic actors enforce standardized regulations to protect biodiversity. In practice, however, conservation policies are implemented within socially contested landscapes. Strict regulatory enforcement may generate conflict and undermine governance objectives. Although public administration research underscores the importance of bureaucratic discretion in policy implementation, limited attention has been paid to its influence on environmental governance in developing countries. This article investigates discretionary practices in Indonesian conservation area management using an ethnographic approach that incorporates interviews, field observations, and case studies across multiple sites. The findings demonstrate that discretion occupies a central, yet frequently unacknowledged, role in conservation governance and is often reframed through policy narratives such as innovation, partnership, or ecosystem restoration. Discretion is not evenly distributed within the bureaucracy: field-level officials exercise relational discretion to address local community conflicts; regional agencies adopt defensive discretion in response to accountability pressures; and central authorities utilize strategic discretion when enforcement intersects with political or economic interests. These findings suggest that discretionary practices enable conservation institutions to adapt rigid regulations to the realities of practical governance. By analyzing how discretion is shielded, stratified, and enabled, this study contributes to ongoing debates on environmental governance and policy implementation in the Global South.
In any constitutional system, it is difficult to reconcile the need for legal certainty and constitutional adaptation when there is judicial departure from constitutional precedent. In this paper, We develop a functional comparative approach that explains how constitutional systems maintain legal certainty in the face of constitutional adaptation enabled by judicial departure from constitutional precedents. Using comparative analysis of United States Supreme Court jurisprudence (1954–2023) and French Constitutional Council rulings (1971–2023), We examine how such systems preserve their constitutional stability in spite of judicial change. It is concluded that the departure of courts from constitutional precedent need not mean the disruption of legal certainty but can be achieved via principled judicial reasoning. Where the United States is dependent mainly on explicit overruling under the doctrine of stare decisis, France achieves constitutional adaptation through interpretative evolution. Through the analysis of the two cases, legal certainty is maintained not by the immutability of the precedent but through the coherence and predictability of judicial reasoning, although reliance on the precedent remains a critical limitation.
According to The Japan Times, nearly 28,000 elderly individuals in Japan will die alone in the first half of 2024. This alarming trend is not unique to Japan; many countries, including Malaysia, are facing the challenges of an aging population. As Malaysia approaches becoming an aging nation, issues affecting the elderly, particularly those living alone, demand urgent attention. While not all elderly people face the same circumstances, some enjoy stable finances or live with their family, while others live in isolation due to various factors, such as remaining unmarried, widowhood, or estranged familial ties. Some are simply separated by their distance from their children, who live elsewhere. The growing number of elderly individuals living alone has raised concerns about social neglect and the risk of dying unnoticed. The aim of this article is to examine the issue and challenges faced by the elderly living alone and to assess the legal framework that protect their rights in Malaysia. Using a doctrinal legal research approach, the authors examined the legal frameworks in Malaysia, Singapore and the United Kingdom on the rights and protections of elderly living alone. The findings reveal significant legal gaps in protection and social support available for elderly living alone in Malaysia. This article proposed the need to strengthen the existing legal framework, enhance social supports and foster community initiatives for elderly living alone, ensuring that no one is forgotten.
The administrative silence is constructed as a legal fiction that originated as a negative (silence as refusal) and has since developed into a positive (silence as acceptance). In European administrative law, no system operates exclusively based on one legal fiction. Both negative and positive fictions are employed with defined limitations, as in France. Conversely, in Indonesia, these fictions are considered conflicting and override each other due to complex regulations and undefined limitations, leading to ambiguity. Therefore, this article aims to reformulate the concept of administrative silence in Indonesia through a comparative doctrinal legal research approach. The findings proved that both fictions have distinct conceptual origins and should be applied in their respective contexts. Although as fiction, their implementation, particularly in cases of positive fiction, should reflect the principle of administrative law that a decision is an expression of ``will.'' Consequently, Indonesia should reformulate its approach by applying both fictions simultaneously with defined limitations, based on the decision type: declarative or constitutive, rather than treating them as a dichotomy. Ultimately, this article contributes to comparative administrative law by examining administrative silence in Indonesia through the relationship between negative fiction, positive fiction, and decision typology based on comparison with the French model.
Digital technology has expanded women’s opportunities for expression and participation, while simultaneously enabling new and intensified forms of gender-based violence. In India, technology-facilitated violence against women (TFVW) has increased in scale and complexity, yet existing legal frameworks remain inadequately equipped to address its multidimensional harms. This article identifies a significant gap in Indian law, arguing that the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act (IT Act) insufficiently recognise psychological harm, informational privacy violations, and non-sexual online abuse, while continuing to rely on patriarchal notions of consent, modesty, and public morality. Adopting a doctrinal legal research methodology informed by feminist jurisprudence, the article examines statutory provisions, judicial interpretations, and enforcement practices governing TFVW in India. It demonstrates how current laws prioritise bodily integrity and obscenity-based regulation, thereby marginalising women’s digital autonomy and reinforcing victim-blaming narratives. Drawing on constitutional principles of equality, dignity, and privacy, the article advances a feminist legal framework that shifts the analytical focus from consent and morality to harm, agency, and structural inequality. The article contributes to feminist legal scholarship by reconceptualising TFVW as a constitutional rights violation and argues for transformative legal reform to address the systemic nature of digital violence against women.
The right to work has always been a fundamental right of human which was recorded in law documents. However, the recent development of Artificial Intelligence (AI) has created an issue that it may affect the domestic and international labor markets. In Vietnam, where over half of the population participates in the labor force, the rapid advancement of artificial intelligence (AI) is poised to significantly reshape both employment dynamics and the regulatory landscape. While AI presents opportunities to create new types of employment, it simultaneously threatens to displace existing jobs, particularly among low-skilled and vulnerable workers. Despite the growing relevance of this issue, scholarly engagement with the implications of AI for Vietnam’s labor market remains sparse, especially in terms of legal and policy responses. Existing studies tend to focus on economic forecasting or technological development, with minimal attention paid to how labor laws and regulatory frameworks should evolve to address the disruptive potential of AI. This study aims to fill that gap by addressing two central questions: (1) What is the nature and extent of AI’s impact on the Vietnamese labor market? and (2) Which categories of workers are most susceptible to disruption? Through a legal-analytical and comparative approach—drawing insights from the European Union’s labor policy experience—this research offers a novel contribution to the emerging discourse on how Vietnam can construct a forward-looking and socially responsive labor regulatory framework in the age of AI. Empirical methods will be applied to examine the labor statistics of the country. At the same time, the paper will analyze the same phenomenon in the European Union and provide a solution for Vietnam. The analysis revealed that AI in the near future will have a positive effect on the workforce of Vietnam, but at the moment, workers without training are being most affected by its emergence. Thus, this study suggests that Vietnam improves its policy in labor law and social security in order to fully protect the right of all employees.
The global surge in generative Artificial Intelligence (AI) has triggered unprecedented legal complexities in copyright protection. This article examines how Indonesia and the European Union (EU) approach the challenges posed by AI driven content creation and potential copyright infringement. Through doctrinal and comparative legal analysis, this study explores regulatory frameworks, liability questions, and enforcement mechanisms in both jurisdictions. The analysis reveals that Indonesia's Copyright Law No. 28 of 2014 remains anthropocentric, lacking recognition of AI generated works and mechanisms for regulating AI training using copyrighted materials. By contrast, the EU has developed a more comprehensive approach through the EU Copyright Directive and the AI Act, which incorporates risk-based AI governance and explicit opt out rights for copyright holders. The study identifies significant regulatory asymmetries between the two jurisdictions and examines potential areas for legal development. Drawing on international frameworks such as the OECD AI Guidelines, this research suggests that Indonesia could benefit from adopting more anticipatory regulatory approaches similar to the EU's principle-based strategy. The findings indicate that proactive legal reforms are necessary to address emerging AI copyright challenges in developing legal systems. This study contributes to the growing body of comparative legal scholarship on AI governance and offers insights for policymakers navigating the intersection of artificial intelligence and intellectual property law.
Unprecedented violent conflicts occurred worldwide during the 20th century. Millions of lives lost, infrastructure destroyed, and generational effects on post-conflict nations. Meanwhile, international humanitarian law was developed to reduce conflict damage. Government parties to International Humanitarian Law (IHL) conventions have enforceable obligations to implement, promote, and perform their duties, helping to promote their wider recognition and enforcement. During the Kosovo conflict, Serbian military commanders and the police violated international humanitarian law by breaking fundamental precepts. The study of the Kosovo conflict prioritizes criminal accountability and historical documentation over the enduring societal consequences of violations of IHL. There are not many studies that look at how not following IHL affects transitional justice after a conflict. The findings indicate that successful post-conflict reconciliation necessitates enhanced domestic implementation and enforcement of transitional justice frameworks. This includes ensuring accountability for significant violations, fostering victim-centered truth, and institutionalizing IHL education to avert recurrence and facilitate enduring interethnic reconciliation. The article examines the major transgressions of IHL amidst the war in Kosovo (1998–1999), and their effects on post-conflict interethnic reconciliation. Utilizing qualitative, quantitative, and legal-dogmatic methods shows that non-adherence to IHL during armed conflict directly affects transitional justice and severely impacts reconciliation efforts.
In the context of the digital economy, cross-border data governance cooperation between China and Malaysia is constrained by two factors: differences in domestic data protection laws and the lack of coherence among existing multilateral frameworks. Prior scholarship primarily examines cross-border data governance through single-treaty frameworks, while the role of the Association of Southeast Asian Nations (ASEAN) as an institutional intermediary has not been systematically analysed. In particular, institutional coordination pathways between China and Malaysia remain underexplored. The study adopts a qualitative methodology, combining textual and comparative analyses, to examine the institutional structure of the ASEAN Data Governance Framework (ADGF). It investigates ASEAN’s role in coordinating the multilateral mechanisms of the Regional Comprehensive Economic Partnership (RCEP), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the China–ASEAN Free Trade Agreement (CAFTA), where the institutional challenges in China–Malaysia cooperation are further analysed. The analysis shows that while ASEAN contributes to reducing institutional differences, its coordination mechanisms remain limited. The study therefore adopts ASEAN as an institutional coordination platform and develops a governance pathway that integrates bilateral and regional rules to examine institutional compatibility between China and Malaysia.
Although Malaysia has made progress in recognising Indigenous rights, the perspectives of Orang Asli women on feminism and gender equality remain largely absent from legal and academic discourse. This article examines the legal tensions between indigenous customary laws and Malaysia’s constitutional commitment to gender equality, as perceived and experienced by Orang Asli women. The central legal issue explored is whether customary practices that reflect patriarchal norms can withstand constitutional scrutiny under Article 8 of the Federal Constitution, and how these practices align with Malaysia’s obligations under CEDAW and UNDRIP. Using a doctrinal legal methodology, the study systematically examines constitutional provisions, relevant legislation, and judicial interpretations concerning indigenous law and gender rights. A socio-legal component complements this analysis through empirical data collected from 120 questionnaires and 30 semi-structured interviews with Orang Asli women from five selected tribes, providing context to how these legal norms function in practice. This article contributes to legal theory by engaging with legal pluralism and feminist legal thought, revealing how unregulated customary practices can undermine fundamental rights. Thus, it enhances legal studies by highlighting an ethical framework for legislative and judicial reconciliation between constitutional equality and indigenous legal traditions. In a pluralistic legal circumstance, this study advocates on Malaysian legal institutions to acknowledge the changing voices of Indigenous women as catalysts of change.
The artist’s resale right, enabling visual artists to receive royalties from secondary market sales, is a pivotal intellectual property mechanism with varied global adoption. This article traces its historical evolution from early 20th-century legislation to its inclusion in international frameworks, contrasting the European Union and United Kingdom’s harmonized approaches with the United States’ rejection due to differing copyright philosophies. It examines the resale right provisions in a new-generation free trade agreement, analyzing Vietnam’s current legal gap under its intellectual property framework and the feasibility of incorporation. The article evaluates arguments for and against the resale right, highlighting its role in promoting artist equity and creative incentives against concerns of market distortion and administrative burdens. It argues that Vietnam should adopt the resale right to align with global standards, proposing solutions to legal, cultural, economic, and political challenges. This analysis offers insights for jurisdictions navigating intellectual property integration in trade agreements.
This study explores the phenomenon of “sharenting,” the widespread practice of parents sharing information, photos, and videos of their children online, within the Malaysian context. As social media becomes deeply embedded in daily life, sharenting serves as a common means for parents to document and share their parenting journey. However, this practice raises significant concerns about striking a balance between parental rights and children’s rights to privacy, consent, and protection from long-term digital exposure. While Malaysian parents often view sharenting as an expression of their rights, it may inadvertently infringe upon the child’s autonomy and digital footprint, which is permanent and difficult to erase. This study examines the existing Malaysian legal framework governing parental and children’s rights, with a focus on the principle of the best interest of the child as the guiding standard. Through a comprehensive review of literature, relevant legislation, and comparative perspective, the study argues that current laws are insufficiently addressing children’s digital privacy and consent rights. It recommends legal reforms that explicitly recognise children’s rights to privacy, consent, and the right to be forgotten, ensuring a more equitable balance between parental authority and the child’s digital autonomy in the digital age.
The urgency of integrating environmental Corporate Social Responsibility (CSR) and circular economy principles into legal policy frameworks has become increasingly critical in the energy transition era. This study examines the regulatory challenges hindering the alignment between CSR obligations and circular economy objectives in Indonesia, particularly the legal disconnection between Law No. 40 of 2007 on Limited Liability Companies and broader environmental regulations. Utilizing a normative legal research method, the study analyzes statutory instruments, policy documents, and international legal frameworks to assess the coherence and efficacy of existing laws. Findings reveal that CSR implementation remains fragmented and often symbolic, while circular economy practices lack regulatory incentives and enforcement, especially in resource-intensive sectors. This gap not only undermines sustainability efforts but also delays the shift toward a low-carbon economic model. The study underscores the need for regulatory harmonization, including revising corporate and environmental laws to embed circular economy principles into CSR obligations. The novelty of this research lies in offering an integrative legal perspective that bridges CSR and circular economy concepts, presenting a policy blueprint to accelerate Indonesia's transition toward a more sustainable and environmentally accountable corporate ecosystem.
This article undertakes a comprehensive exploration of academic misconduct by employing a robust comparative and empirical approach. It meticulously examines 35 representative cases from China, delving into the diverse manifestations of academic misconduct such as fund project evaluation interference, fraud, paper trading, improper authorship, and multiple submissions. Through in-depth legal analysis, it not only investigates the infringements on intellectual property rights and public legal interests but also proposes the application of strict liability in tort law. To enhance the regulatory framework, the article advocates for clearer criminalization criteria for severe academic misconduct. It further extends the discussion to incorporate the roles of academic institutions, the challenges in enforcement, and a more expansive legal framework. By drawing on international experiences and best practices, it formulates comprehensive and actionable suggestions for reforming China's academic misconduct regulations, aiming to address this issue effectively on both national and international levels.
This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.
Arbitration serves as a dispute resolution method that offers notable benefits, especially in cases related to medical issues. In contrast, other methods such as litigation are often seen as less effective, while mediation lacks executory power due to the absence of legal enforceability, making agreements vulnerable to cancellation. In Indonesia, arbitration has not yet been adopted for resolving medical disputes, as specific technical regulations are still needed to guide relevant institutions and establish effective mechanisms. This research highlights the importance of implementing arbitration in Indonesia’s medical dispute resolution framework, using a comparative analysis of practices in the United States. Employing normative legal research with qualitative data analysis and comparative examination of international legal practices, the findings reveal that arbitration offers a binding and final resolution, making it a highly effective approach for handling medical disputes. To facilitate its adoption in Indonesia, comprehensive technical regulations and a legal framework—similar to the United States’ Uniform Arbitration Act (UAA), which outlines arbitration requirements for individual states—are necessary.
The establishment of lasting peace as a requirement for overall societal development is one of the major challenges facing emerging multi-ethnic societies. On the other hand, a lack of fundamental rights and liberties can spark unrest within the state, with the potential for conflict escalation and the involvement of other countries. The Balkan region is a classic example of ethnic conflict that has resulted in crimes and deep enmities between people who once lived peacefully together. The paper compares Kosovo to other Balkan countries in terms of the importance of empowering minority rights and freedoms, as well as using the proactive approach of governmental institutions to include minority community members in the decision-making process. The research has found that the minority groups are not well informed on legal guarantees of their rights and liberties, therefore the impression of legal gaps in safeguarding the latter is very significant. Long-term peace can be maintained by ensuring minorities' rights through the constitution and legal framework and then ensuring those rights are known to the minorities and upheld as well. The article applies a legal-doctrinal, analytical, comparative, qualitative, and quantitative method to determine the legal framework of minority community rights in Kosovo and how they interact with state institutions.
The history of the global economy is closely tied to the control of international trade routes, with maritime dominance playing a central role—evident in the supremacy of the Phoenicians, Arabs, and later European colonial powers. In the post-Cold War unipolar era, the USA has leveraged globalization through its maritime military hegemony. The Indian Ocean, particularly the Bay of Bengal (BoB), represents a critical hub for global sea trade and economic connectivity, intersecting with the South China Sea. Ensuring regional peace and stability is essential for sustaining international maritime trade and blue economic growth. This research introduces a novel Comprehensive Ocean Management Regime (COMR) tailored to the BOB maritime-littoral region to address these challenges and advance sustainable blue economic objectives. By critically analysing global coastal and ocean governance practices—such as Maritime Protected Areas and Integrated Coastal Zone Management—the study identifies policy, management, and operational challenges and proposes actionable solutions. Recognizing the limitations of aggregated sectoral data and the scarcity of precise quantitative insights, the study adopts a qualitative approach and employs the Delphi method to gather expert consensus through iterative analysis. The COMR framework provides a unique, actionable model that can guide sustainable maritime policy and management in the BOB region, contributing to the broader discourse on sustainable ocean governance.
