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  • Principle Of Legal Certainty
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Articles published on Legal certainty

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  • New
  • Research Article
  • 10.55606/jcsr-politama.v4i3.6322
Perlindungan Hukum Terhadap Pihak Ketiga dalam Penyelesaian Pembagian Harta Waris Islam: Analisis Peran dan Tanggung Jawab Notaris
  • Jul 1, 2026
  • Journal of Creative Student Research
  • Dinda Amarthya Rachmadhany

The distribution of Islamic inheritance documented in a notarial deed has legal implications not only for heirs but also for third parties who possess legal interests in the deceased’s estate. Third parties, such as creditors and bona fide purchasers, are often in a vulnerable position when inheritance distribution is conducted without considering attached legal rights. This study aims to analyze the forms of legal protection for third parties and the role and responsibility of notaries in ensuring legal certainty in Islamic inheritance distribution. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that notarial deeds function as both preventive and repressive legal protection instruments and position notaries as key actors in safeguarding justice, legal certainty, and the protection of third-party rights within Islamic inheritance law.

  • New
  • Research Article
  • 10.1016/j.ijlp.2026.102208
Institutionalized ignorance in court: Involuntary care and citizenship(s).
  • Jul 1, 2026
  • International journal of law and psychiatry
  • Lena Eriksson

When changes in Swedish law were proposed that affected the professional jurisdiction regarding involuntary care, reactions from the medical community were strong. The chairman of the parliamentary committee responsible for the proposal described how he was met by "a thousand psychiatrists booing" when presenting the suggestions to a Swedish psychiatry congress four decades ago. That psychiatrists would have to make an application in court arguing for the necessity of involuntary care measures was regarded by the profession as deeply subversive. Fast forward to today, where several studies have shown that the administrative courts rule according to the psychiatrist's recommendation in nearly 100% of cases. This state of affairs has warranted attention from several fields. In this paper I discuss findings from a transdisciplinary project on decision-making practices regarding involuntary care. Applying the lense of empirical ethics, my examination focuses on how the central value of legal certainty [rättssäkerhet] is achieved as a matter of practice, that is how it is enacted when a variety of actors discuss decision-making and assessment in and around court hearings. Heeding the call for careful and symmetrical tending not only to practices and institutional arrangements of knowing but to those of not knowing, I draw on work from agnotology and the sociology of ignorance (Proctor & Schiebinger 2008, McGoey 2007; 2012). I argue that for legal certainty to be brought about it requires acts and infrastructures of not knowing.

  • New
  • Research Article
  • 10.60034/behanh53
Land Dispute Resolution Due to the Issuance of Double Certificates by the National Land Agency
  • Jul 1, 2026
  • Ekasakti Journal of Law and Justice
  • Harniwati + 4 more

Land as one of the human needs has a very important role in the basis of human life. The term agrarian itself in Indonesia refers to Law Number 5 of 1960 concerning Basic Agrarian Regulations, hereinafter known as UUPA. Based on the provisions of Article 1 paragraph (2) of UUPA, it states that the words "earth, water, space and the natural resources contained therein" are national assets. UUPA is a legal umbrella in regulating earth, water, space and other natural resources. Based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states that control of earth, water and the natural resources contained therein is handed over to the Republic of Indonesia to be used as appropriate to create the prosperity of the people. Land issues have a long journey. Various land disputes and conflicts due to frequent conflicts over power struggles over control of land rights, thus encouraging the government as the holder of the highest authority to be required to provide a mechanism for resolving land disputes and conflicts involving the National Land Agency. A land dispute is a specific dispute concerning rights or interests where the parties file claims, counterclaims, and terminate those claims. The granting and determination of land rights is the duty and authority of the National Land Agency, with procedures stipulated in laws and regulations based on Presidential Regulation Number 63 of 2013 concerning the National Land Agency (BPN). One of the duties of the National Land Agency is to issue land certificates. Certificates, as evidence that the land has been registered by an authorized government agency, are strong and authentic evidence. However, in practice, the issuance of duplicate certificates is a serious problem that threatens legal certainty and justice for the community. Duplicate certificates occur when two or more certificates are issued for the same plot of land, often caused by administrative errors, data manipulation, or acts of corruption in the land registration process. In conducting this research, the author used a juridical-normative approach. This approach aims to conduct research based on relevant legal provisions, records, and other available media. The data collection technique used was secondary data literature study as the main research basis.

  • New
  • Research Article
  • 10.69849/fyab0w68
O uso da inteligência artificial no direito brasileiro: uma análise dos impactos, desafios éticos e da necessidade de regulamentação
  • Jun 21, 2026
  • Revista ft
  • Natália De Souza Mendonça + 1 more

This article analyzes the use of Artificial Intelligence (AI) in Brazilian law, examining the ethical impacts and challenges of its implementation, focusing on applied ethics and the need for regulation to ensure accountability, transparency, and impartiality. The methodology consists of qualitative and exploratory research that seeks to understand the ethical and legal impacts of AI, not limited to numerical data, but rather to the critical analysis of concepts and practices. Complementarily, a critical bibliographic and documentary survey was conducted, encompassing national and international literature, the General Data Protection Law (LGPD), draft laws, and guidelines from the Supreme Federal Court (STF) and the National Council of Justice (CNJ). The theoretical framework is based on the balance between the pursuit of efficiency and procedural speed (Mendes, 2020) and the risks of algorithmic opacity and surveillance (Floridi, 2019; Zuboff, 2019). It is evident that, although the LGPD (Brazilian General Data Protection Law) offers initial guidelines, the literature points to a regulatory vacuum that requires specific regulation to guarantee due process. Finally, the discussion demonstrates that regulation is the indispensable path to achieving legal certainty and integrity in judicial proceedings.

  • New
  • Research Article
  • 10.66174/06k9s747
<b>Rekonstruksi Hukum Kewarisan Islam </b><b>Kontemporer dalam Perspektif Maqā</b><b>ṣ</b><b>id al-Syar</b><b>ī‘</b><b>ah: Kajian atas Penundaan Pembagian Warisan, Pemerataan Hak Waris, dan Hibah Pra-Wafat di Indonesia</b>
  • Jun 20, 2026
  • Tabayyun : Journal Of Islamic Studies
  • Putri Melani + 1 more

Contemporary Islamic inheritance law encounters various challenges resulting from social change, evolving notions of justice, and increasingly complex family property relations. In Indonesia, the postponement of inheritance distribution, the equalization of inheritance rights, and the use of inter vivos gifts (hibah) prior to death frequently raise legal debates because they appear to conflict with the normative framework of farā’iḍ. This study aims to reconstruct contemporary Islamic inheritance law through the perspective of maqāṣid al-sharī‘ah by examining these three issues within the context of Indonesian Islamic law. This research employs a normative legal method using statutory, conceptual, and analytical approaches. The study relies on primary legal sources, including the Qur’an, Hadith, and the Compilation of Islamic Law (KHI), as well as secondary sources from classical and contemporary Islamic legal scholarship. The findings indicate that postponement of inheritance distribution is permissible when justified by legitimate interests and does not prejudice the rights of heirs. Equalization of inheritance rights may be accommodated through consensual mechanisms such as ṣulḥ and at-takharruj after heirs understand their respective legal shares, as reflected in Article 183 KHI. Likewise, hibah may serve as a lawful instrument of wealth distribution and estate planning, provided that it is not used to undermine the inheritance rights of other heirs. Article 211 KHI functions as a corrective mechanism to ensure fairness in such circumstances. The study concludes that the reconstruction of contemporary Islamic inheritance law requires the integration of farā’iḍ, Islamic legal flexibility, Indonesian positive law, and the objectives of maqāṣid al-sharī‘ah in order to achieve justice, legal certainty, family harmony, and public welfare.

  • New
  • Research Article
  • 10.62383/presidensial.v3i2.1716
Sengketa Tanah, Kepastian Hukum, dan Dakwah Sosial: Merekonstruksi Keadilan Agraria melalui Yurisprudensi Sosiologi Islam
  • Jun 20, 2026
  • Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik
  • Ahmad Muhamad Musta’In Nasoha + 6 more

This study examines the relationship between land disputes, legal certainty, and the role of social da’wah from an Islamic legal perspective in Indonesia. The increasing frequency of agrarian conflicts is not only driven by weaknesses in the land administration system, but also closely linked to social inequality and the limited integration of religious-based approaches in dispute resolution. These conditions highlight the need for a more holistic framework that combines legal, social, and moral dimensions in addressing land issues. This research employs a qualitative method using a descriptive-analytical literature review of relevant sources from Islamic law, national agrarian law, and socio-religious studies. The findings show that the principle of maslahah (public benefit) in Islamic law can serve as an ethical foundation for building a more just, humane, and sustainable agrarian legal system. In addition, social da’wah plays an essential role in increasing public legal awareness, strengthening moral responsibility, and acting as a mediator in community-based land conflicts. The study further proposes an integrated dispute resolution model that combines state law, Islamic law, and customary law to create more inclusive and effective solutions for agrarian conflicts in Indonesia.

  • New
  • Research Article
  • 10.58192/populer.v5i2.4560
Bukti-Bukti Terjadinya Evolusi Berdasarkan Studi Literatur
  • Jun 20, 2026
  • Populer: Jurnal Penelitian Mahasiswa
  • Winarti Tiningsih + 2 more

Child marriage remains a legal and social issue in Indonesia despite the enactment of Law Number 16 of 2019, which sets the minimum marriage age at 19 years. This study aims to analyze the regulation of underage marriage requirements and the judges’ considerations in granting marriage dispensation in the Decision of the Depok Religious Court Number 0094/Pdt.P/2020/PA.Dpk. The research method used is normative legal research with a descriptive qualitative approach, utilizing secondary data consisting of primary, secondary, and tertiary legal materials analyzed systematically. The results indicate that although positive law has established a minimum marriage age, the existence of a dispensation mechanism creates loopholes that contribute to the persistence of child marriage practices. In the examined case, the judge granted the dispensation by considering juridical, social, and benefit aspects to prevent greater harm. Therefore, the judicial decision reflects not only legal certainty but also justice and utility for the parties involved.

  • New
  • Research Article
  • 10.59188/jurnalsostech.v6i6.32850
Legal Updates on Copyright Royalty Governance in Indonesia
  • Jun 20, 2026
  • Jurnal Sosial Teknologi
  • Hendro Tri Subiyantoro + 1 more

This research aims to analyze the legal regulations and implementation problems of copyright royalty governance in Indonesia and to formulate legal reforms to achieve certainty and justice for creators. This study employs both a statutory approach and a conceptual approach within a normative juridical research methodology. Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning the Management of Song and/or Music Copyright Royalties serve as the primary legal materials used in this study, while secondary legal materials include scholarly literature, academic journals, and expert doctrines. The research findings indicate that, normatively, Indonesia's copyright royalty regulation system has provided a solid legal foundation for creators' economic rights through a royalty management mechanism administered by the Lembaga Manajemen Kolektif Nasional (LMKN) and the Lembaga Manajemen Kolektif (LMK). However, a number of issues persist in practice, including the potential for overlapping jurisdiction among royalty management organizations, low levels of compliance among music users in paying royalties, and insufficient transparency in the collection and distribution of royalties. These circumstances reveal a discrepancy between the relevant legal standards and their application in practice. Legal reform is therefore needed through strengthened regulations, increased transparency in royalty management, the development of an integrated information technology system, and the reinforcement of oversight and law enforcement mechanisms. These reforms are expected to produce a more effective royalty governance system, provide legal certainty, and improve the welfare of creators, thereby supporting the development of the creative industry in Indonesia.

  • New
  • Research Article
  • 10.60034/3pdrqx59
The Effectiveness of Traditional Mediation as an Alternative for Resolving Family Disputes in the National Legal System
  • Jun 18, 2026
  • Ekasakti Journal of Law and Justice
  • Roziqin + 4 more

Customary mediation is a dispute resolution mechanism based on local wisdom values ​​that has long been practiced in Indonesian customary law communities, particularly in resolving family disputes. This study aims to analyze the effectiveness of customary mediation as an alternative for resolving family disputes within the national legal system, identify the structural and cultural barriers encountered, and formulate an appropriate integration model between customary law and state law. This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The results show that customary mediation has proven effective in creating post-dispute relational harmony and has a high level of compliance because it is based on communal agreements respected by all parties. However, customary mediation faces challenges in terms of legal certainty, guaranteeing the protection of individual rights, and formal recognition in the judicial system. Integrating customary mediation into national law through a structured legal pluralism mechanism is a strategic step to strengthen access to justice for indigenous communities.

  • New
  • Research Article
  • 10.62792/ut.jus.v14.i25-26.p3251
LEGAL REMEDIES FOR INSULT AND DEFAMATION IN NORTH MACEDONIAN LAW: THE PROTECTION OF PERSONALITY RIGHTS
  • Jun 16, 2026
  • International Journal of Legal Sciences - JUSTICIA
  • Albana Metaj-Stojanova + 1 more

Insult and defamation continue to challenge the protection of personality rights and the balance between individual dignity and freedom of expression. This paper examines the legal remedies available under North Macedonian civil law for addressing harm caused by insult and defamation. It provides a comprehensive analysis of the legal framework established by the Law on Obligations, the Law on Civil Liability for Insult and Defamation, as well as relevant constitutional and international provisions. Through a doctrinal and comparative approach, the paper explores how North Macedonian courts apply civil remedies – such as compensation for non-pecuniary damage, publication of apologies, and retractions – while ensuring compliance with the standards of the European Convention on Human Rights (Article 10) and the case law of the European Court of Human Rights. The study highlights the persistent tension between protecting an individual’s reputation and safeguarding freedom of the press and public debate. It identifies key challenges, including inconsistent judicial practice, divergent interpretations of moral damage, and the absence of clear criteria for determining liability and compensation. By examining the alignment of domestic judicial reasoning with the ECHR’s jurisprudence, the paper underscores the importance of proportionality, legal certainty, and the avoidance of “chilling effects” on journalistic expression. The paper concludes that a more coherent and rights-based approach to civil liability for insult and defamation is essential, calling for refined judicial guidelines, greater public awareness of civil remedies, and closer harmonization of national law with European human rights standards.

  • Research Article
  • 10.22495/clgrv8i3p5
Aligning the development of licensing services with private sector dynamics: A legal and governance perspective
  • Jun 15, 2026
  • Corporate Law & Governance Review
  • Gusliana Hb + 7 more

Licensing services are a critical component of modern governance because they shape regulatory certainty, investment decisions, and the protection of the public interest. This study maps how licensing services are conceptualized and mobilized in contemporary public administration and corporate governance research and proposes an ‍integrated organizing framework aligned with private-sector dynamics. Drawing on a PRISMA-guided systematic review combined with bibliometric analysis and science mapping of 369 Scopus-indexed articles, we advance a five-pillar model: 1) legal certainty and regulatory simplification; 2) multi-level institutional governance; 3) digitalization and data integration; 4) strengthening integrity and controlling bureaucratic pathologies; and 5) service quality and the ‍protection of stakeholders’ rights. Findings guide policymakers redesign licensing to be legally certain, digital, coordinated, innovation-friendly, and public-interest protective.

  • Research Article
  • 10.46799/ijssr.v6i6.1414
An Ideal Formulation of the Prohibition on Dual Positions for Advocacy Organization Leaders from the Perspective of Legislation
  • Jun 13, 2026
  • International Journal of Social Service and Research
  • Andri Darmawan + 1 more

This study examines the formulation of an ideal prohibition on dual positions for leaders of advocacy organizations who concurrently serve as state officials, addressing potential conflicts of interest and threats to organizational independence. The background stems from Article 28, paragraph (3) of Law No. 18 of 2003 on Advocates, which limits dual positions only with political party leaders and lacks explicit provisions regarding state officials, potentially undermining the independence of advocate organizations and constitutional guarantees of legal certainty and freedom of association. The study aims to provide a normative framework for legislative reform that ensures structural integrity and professional independence. Employing a normative juridical research method, the study utilized statutory and conceptual approaches, analyzing relevant constitutional provisions, statutory laws, and Constitutional Court decisions, including Numbers 014/PUU-IV/2006, 91/PUU-XX/2022, and 183/PUU-XXII/2024. Data were collected through systematic document review and legal content analysis. The results indicate that current regulations inadequately address dual positions, leaving room for structural conflicts of interest. The discussion emphasizes the necessity of reformulating Article 28(3) with clear, non-interpretable norms, operational mechanisms, and harmonization with broader legal principles. The study concludes that legislative amendments are essential to prevent conflicts, strengthen advocate independence, and maintain constitutional and rule-of-law standards in Indonesia.

  • Research Article
  • 10.46799/ijssr.v6i6.1415
The Problem of Legal Vacancy in the Regulation of Interim Measures and Emergency Arbitrators in the Indonesian Arbitration System as an Effort to Strengthen the Effectiveness of Decisions
  • Jun 13, 2026
  • International Journal of Social Service and Research
  • Imanudin Suwardi + 1 more

The development of international arbitration has increasingly emphasized the need for interim protection mechanisms, such as interim measures and emergency arbitrators, to address urgent risks in modern commercial disputes. In Indonesia, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution provides limited guidance on these mechanisms, creating legal ambiguity and potential ineffectiveness in protecting parties’ rights. This study aims to analyze the legal vacuum in regulating interim measures and emergency arbitrators within the Indonesian arbitration system and propose a normative reconstruction to enhance the effectiveness of arbitral decisions. The research employed a normative juridical approach, combining statute and conceptual methods. Data were collected from Indonesian laws, international conventions, judicial decisions, and scholarly literature, and analyzed using qualitative coding and thematic interpretation to identify gaps, ambiguities, and regulatory disharmony. The findings indicate that the current legal framework lacks explicit definitions, procedural standards, and enforcement mechanisms for interim measures, and does not recognize emergency arbitrators prior to tribunal formation. This deficiency creates temporal gaps, risks of asset dissipation, and potential conflicts with district courts, undermining the effectiveness and credibility of arbitration. The study concludes that comprehensive reform is urgently needed, including explicit legal provisions, harmonization with international standards, and structured implementation procedures, to strengthen legal certainty and the practical effectiveness of arbitration in Indonesia.

  • Research Article
  • 10.46924/0m0ctn85
Consumer Data at Risk: Legal Challenges in Personal Data Protection within Shipping Services
  • Jun 13, 2026
  • JIHK
  • Muhamad Najib Hilal Haadii + 1 more

The rapid expansion of digital commerce and the growing reliance on shipping services have resulted in shipping companies processing substantial volumes of consumers’ personal data, thereby increasing the risk of data misuse and security breaches. This development underscores the need for robust legal protection mechanisms and clear standards of accountability concerning the management of personal data by business actors. This study aims to analyze the legal framework governing the protection of consumers’ personal data in shipping services and to examine the legal liability of business actors for personal data breaches under Law Number 27 of 2022 on Personal Data Protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches through an examination of primary, secondary, and tertiary legal materials. The findings indicate that personal data protection in Indonesia has been comprehensively regulated through the Personal Data Protection Law and its supporting regulations. Furthermore, the legal responsibilities of business actors encompass preventive measures, breach-response obligations, as well as civil, administrative, and criminal liabilities. The study concludes that shipping service providers must implement accountable and transparent data protection governance to ensure legal certainty, strengthen consumer protection, and maintain public trust in the digital economy.

  • Research Article
  • 10.69849/b3965890
A atuação dos juizados especiais federais frente às demandas previdenciárias repetitivas contra o INSS: desafios e perspectivas legislativas
  • Jun 9, 2026
  • Revista ft
  • Karen Cristina Sampaio De Souza + 1 more

This article analyzes the performance of the Federal Special Courts in the face of the growing volume of repetitive social security claims filed against the National Institute of Social Security. The research examines the normative foundations of the Courts, the phenomenon of social security judicialization, the procedural mechanisms for dealing with repetitive demands, especially the Incident of Resolution of Repetitive Demands, and the institutional initiatives aimed at dejudicialization. It is concluded that, although the Federal Special Courts play a fundamental role in the realization of social rights, the structural overload resulting from repetitive litigation requires more robust legislative and administrative responses, which combine procedural efficiency, legal certainty and protection of the hyposufficient jurisdiction. The research uses bibliographic and documentary methods, with analysis of legislation, doctrine and institutional reports.

  • Research Article
  • 10.37680/almanhaj.v8i1.9559
Communal Land Protection in Betung Kuning: Toward a Tripartite Legal Harmonization
  • Jun 9, 2026
  • AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam
  • Naufal Asyirof + 2 more

The protection of communal land remains a critical issue in Indonesia due to the gap between customary recognition and formal legal certainty. This study examines communal land governance through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) No. 14 of 2024 from the perspective of Islamic family law. Using an empirical qualitative approach, data were collected through interviews, observation, and document analysis in Betung Kuning Village. The findings reveal that communal land is socially recognized under customary law but largely unregistered, leading to boundary disputes, inheritance conflicts, weak legal standing, and limited economic utilization. From the perspective of Islamic family law, land registration is essential to ensure clarity of inheritance assets, protect heirs’ rights, and promote distributive justice in line with the principle of ḥifẓ al-māl. Although the regulation represents a progressive legal framework, its implementation faces challenges, including legal fragmentation, low legal literacy, limited historical documentation, financial constraints, and cultural resistance. This study proposes a tripartite harmonization model integrating customary law, Islamic law, and national law to support inclusive and sustainable communal land governance.

  • Research Article
  • 10.54314/jssr.v9i3.6385
PERAN BEA DAN CUKAI DALAM PELAYANAN DAN PENGAWASAN FASILITAS KAWASAN BERIKAT UNTUK PENINGKATAN INVESTASI DI KOTAMADYA MEDAN
  • Jun 6, 2026
  • JOURNAL OF SCIENCE AND SOCIAL RESEARCH
  • Franky Damanik + 2 more

Medan City Customs and Excise Supervision and Services (KPPBC) in the implementation of Bonded Zone facilities as an instrument for increasing investment and strengthening the competitiveness of national industry. The problem in this study focuses on how the implementation of services and supervision of Bonded Zone facilities by KPPBC Medan City and various legal and administrative challenges faced in supporting increased investment. Although Bonded Zone facilities provide various fiscal incentives and procedural conveniences that are proven to be able to increase exports and attract investment, there are still obstacles in the form of complexity of supervision, lack of synchronization of legal regulations, lack of norms related to inspection and assistance mechanisms, limited supervisory resources, and potential injustice for industries outside the Bonded Zone. The research method used is normative legal research with an approach to legal principles, legal systematics, legal synchronization, and laws and regulations related to Bonded Zones. The results of the study indicate that KPPBC Medan City has carried out its service and supervision role quite effectively through the provision of fiscal facilities, simplification of electronic-based customs procedures, fast licensing services, technical assistance to business actors, and risk management-based supervision. This policy has had a positive impact on company operational efficiency, increased exports, and investment growth in Medan City. However, various challenges remain, including regulatory inconsistencies, legal gaps in certain oversight mechanisms, limited resources, and the need for a more balanced oversight model that balances facilitation and law enforcement functions. Therefore, strengthening regulatory harmonization, improving the quality of assistance, optimizing inter-agency coordination, and developing risk-based oversight are necessary to create legal certainty and a more conducive investment climate.

  • Research Article
  • 10.66499/2665-7112.1368
Insights into the Temporal Scope of Legislation: A Study of the Provisions of Libyan Positive Civil Law
  • Jun 6, 2026
  • Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
  • Khalid Said Kemaoune

This article studies the temporal scope of legislation through the provisions of Libyan positive civil law. It addresses the problem of conflicts between successive laws and the legal effects of new legislation on situations, rights, and legal acts created under previous rules. The author examines questions such as the age of majority, divorce, jurisdiction, and pending proceedings in order to clarify the limits of retroactivity, immediate application, and transitional legal arrangements. The article highlights the importance of determining the temporal reach of new laws to protect legal certainty while allowing legislation to adapt to changing social needs.

  • Research Article
  • 10.60034/kcr1tv08
Juridical Review of Criminal Acts of Sexual Abuse of Children Committed by TNI Officers
  • Jun 5, 2026
  • Ekasakti Journal of Law and Justice
  • Sigar P Berutu + 2 more

This study aims to juridically analyze the criminal act of sexual abuse against children committed by Indonesian National Army officers and assess the application of the principle of the rule of law in military justice based on Decision Number 88-K/PMT-BDG/AL/X/2024. The research method used is normative legal research with a legislative approach and a case approach, using secondary data obtained through literature studies and analysis of court decisions, then analyzed qualitatively. The results of the study showed that the perpetrator's actions had fulfilled the elements of criminal offenses, namely sexual acts, intentional elements, and physical, psychological, and moral losses experienced by child victims. The military court's decision in the case reflects the application of the principle of the rule of law and equality before the law because the perpetrators are still processed and sentenced to death without any special treatment despite their status as state officials. However, there are still weaknesses in the aspect of victim protection, especially related to psychological recovery and transparency of the military justice process. Therefore, it is necessary to strengthen child protection mechanisms, increase the accountability of military law enforcement officials, and more firm and consistent law enforcement to ensure justice and legal certainty.

  • Research Article
  • 10.1186/s12910-026-01485-5
The Czech Bill on palliative care, end-of-life decision-making, and euthanasia in light of Belgian legislative experience.
  • Jun 5, 2026
  • BMC medical ethics
  • Doležal Adam + 2 more

In 2024, a Bill "On Palliative Care, End-of-Life Decision-Making and Euthanasia" was submitted to the Czech Parliament for consideration. This article evaluates the Bill through doctrinal and ethico-legal analysis and a comparative perspective centred on Belgium, whose model influenced the Czech proposal. The Bill is unusual in combining, within one statute, conventional end-of-life practices - palliative care, withholding or withdrawal of life-sustaining treatment, and palliative sedation - and "assisted death", covering euthanasia and physician-assisted suicide. With regard to conventional practices, the Bill gives legal form to a right to palliative care, introduces "medically inadequate treatment" as the threshold for limiting life-sustaining interventions, and embeds procedural safeguards (information, participation, mediation by an ethics committee, and judicial review) intended to enhance transparency, patient autonomy, and legal certainty for clinicians. With regard to assisted death, the proposal sets out eligibility criteria (adult legal competence, voluntariness, an incurable and irreversible illness, and permanent and unbearable suffering without any prospect of improvement) and a staged procedure: a preliminary request, independent consultation, a qualified written request, final verification immediately before the act, and mandatory ex post review by a commission based on a non-anonymous report. This article shows that the Czech Bill represents a serious and coherent attempt to bring end-of-life regulation in the Czech Republic into conformity with the human-rights standards developed in the case law of the ECtHR. It also advances several de lege ferenda recommendations that seek to synthesise the strengths of the Czech Bill and the Belgian model while avoiding identified shortcomings. These recommendations aim to ensure that any European end-of-life framework remains firmly anchored in human-rights requirements, while also taking into account the practical realities of clinical decision-making and the accumulated legal experience of European states that have already introduced forms of assisted death.

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