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All Journal Jurnal Hukum Novelty Jurnal Ilmiah Hukum LEGALITY
Suhadi Suhadi
Faculty of Law, Universitas Negeri Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Evaluating the right to life: Lessons from Nigeria, the African Charter, and Indonesian regulations Uche Nnawulezi; Okibe Emmanuel; Suhadi Suhadi; Salim Bashir Magashi; Septhian Eka Adiyatma
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.29985

Abstract

Introduction to the Problem: The problem of the study is basically on exploring the inadequacies of the existing regulations in safeguarding human life as continuous violations of the sanctity of human dignity have remained unabated in recent years in Nigeria. Purpose/Study Objectives: The purpose of the study is to examine the phenomenon of the right to life in CFRN, 1999 and ACHPR,1981 and their contributions to the fundamental rights enforcement system. Drawing on past or present human rights abuses of the constitutional rights of individuals in Nigeria, the question asked is whether human rights instruments in place are no longer capable of adequate protection of human life in Nigeria. In this sense, the aims of the study are to understand this issue by examining the strengths and weaknesses of the legal frameworks meant to protect lives in Nigeria. The paper argued that the CFRN 1999 and ACHPR 1981 have an absolute prohibition on abuse of human life. The paper examines, among others, the obligations on states to adopt measures capable of addressing the incessant abuse of human rights. Comparing Indonesia as a comparative country in noticing and comparing a country with a different culture. Design/Methodology/Approach: This study uses an analytical and qualitative approach to the current legislation, policies and literature on constitutional rights and this is achieved by synthesizing ideas and comparing with the rules of other countries, especially Indonesia. Findings: The research found that lack of prosecution, political interference, and insufficient accountability hinder human rights enforcement in Nigeria. Despite this, the CFRN 1999 and ACHPR 1981 can still protect lives if human rights legislation is reformed to be more proactive. The comparison with Indonesia highlights that each country has unique customs and characteristics in safeguarding the right to life. Paper Type: Research Article
Legal Uncertainty in Land Procurement for Investment in Indonesia: Between Economic Development and Agrarian Justice Amiludin Amiludin; Suhadi Suhadi; Rofi Wahanisa
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.44454

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This research seeks to investigate the source of legal certainty in land procurement and formulate a more proportionate model of law between state development and the protection of citizens. This research employed a socio-legal approach, using document analysis and a case study of PIK 2 in Tangerang Regency. Forty-five secondary documents were analysed, consisting of 12 regulations and regulatory instruments, one court decision, four policy documents and institutional reports, 25 books and journal articles, three publications by civilians, and credible media reports. Research results reveal that the regulations concerning land procurement in Indonesia have guaranteed procedural certainty through clearly established stages, authority distribution, redress mechanisms, and objection procedures. However, the protection of the affected community is not sufficiently provided, particularly with regard to participation, the assessment of public interests, loss calculation, livelihood recovery, and oversight of government discretion. The case of PIK 2, including matters contained in the Supreme Court Decision No. 12 P/HUM/2025, indicates that government support and strategic project status do not always guarantee legal certainty if the policy foundation is doubted in both the legal and social context. This condition is often referred to as distorted legal certainty. To address this issue, this research offers the concept of equitable legal certainty-a model that sets a balance between legal certainty and the protection for the community rights by involving legal audit, public interest assessment, meaningful participation, comprehensive redress, livelihood recovery, and oversight conducted post-land procurement.
Co-Authors Amiludin Amiludin Okibe Emmanuel Rofi Wahanisa Salim Bashir Magashi Septhian Eka Adiyatma Uche Nnawulezi