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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Media Hukum Jurnal Hukum Novelty INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Substantive Justice International Journal of Law Lex Scientia Law Review The Indonesian Journal of International Clinical Legal Education Indonesian Journal of Law and Society Indonesia Private Law Review Batulis Civil Law Review Journal of Law and Border Protection Indonesian Journal of International Law Indonesia Law Review (ILREV) Journal of Law and Legal Reform Lex Scientia Law Review
Nnawulezi, Uche
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Equivalence of Protection for Foreign and Domestic Creditors in Debt Restructuring Based on Positive Indonesian Law Anugrah, Dikha; Akhamddhian, Suwari; Mulyani, Sri; Nnawulezi, Uche
Batulis Civil Law Review Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i2.2918

Abstract

Introduction: This article analyzes the legal implications of excluding foreign creditors in corporate debt restructuring in Indonesia. The study highlights the challenges faced by foreign creditors in securing their rights within the Indonesian legal framework, particularly in bankruptcy and Suspension of Debt Payment Obligation (PKPU) proceedings. The case of PT Visi Media Asia serves as a reference to illustrate these challenges and their legal consequences.Purposes of the Research: The purpose of this study is to examine the legal impact of excluding foreign creditors in debt restructuring processes and to compare their legal position with domestic creditors under Indonesian law. By identifying regulatory gaps and inconsistencies, this study aims to provide recommendations for improving creditor protection and ensuring equal treatment in debt resolution mechanisms.Methods of the Research: This research employs a normative legal methodology, utilizing a statutory, conceptual, and analytical approach. Legal materials are collected through document studies, including legislation, court rulings, and scholarly literature. The qualitative analysis is applied to interpret legal norms and evaluate their implementation in real cases, particularly focusing on the case of PT Visi Media Asia.Results Main Findings of the Research: The findings reveal that Indonesia's current legal framework does not fully safeguard foreign creditors in debt restructuring, often favoring domestic creditors in judicial and regulatory practices. The study contributes to the discourse on legal reform by recommending clearer regulations and stricter enforcement to ensure fairness in debt restructuring, fostering investor confidence in Indonesia’s financial system.
The Urgency of Legal Justice for Society Against the Expansion of the Authority of Judges From a Criminal Law Perspective Cahyani, Indah Fitri; Nnawulezi, Uche; Chinyere Constance, Ogah
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 1 (2023): Indonesia J. Crim. L. Studies (May, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i1.40402

Abstract

Expansion of the authority of judges in the RKUHP is an interesting discussion where this is related to guaranteeing legal certainty for the community. The purpose of this research is to examine more deeply the impact of expanding the authority of judges in the RKUHP on legal certainty. The method used is a qualitative method. Then for this type of research using literature study by collecting journal articles related to the title being studied. The results of this study indicate that the expansion of authority in the form of judicial pardon is a means for realizing a balance between legal certainty and justice for the community, both of which are closely related to one another. In the RKUHP, the existence of the judge's pardon principle indicates a more flexible nature in criminal law. Unlike in the western Criminal Code which is more rigid. It is feared that this flexible nature will lead to more acts of fraud by law enforcers. In real terms, crime in Indonesia is increasingly modern. So that right now it really needs a legal system that is firm and able to provide legal certainty for its citizens. Studies related to the expansion of the judge's authority which are classified as increasingly flexible in the RKUHP are very important to do. Judicial Pardon is expected to be able to provide a balance between legal certainty and legal justice.
Recognizing Incidences of Unprovoked Attacks Against Police Officers in Nigeria Between 2017-2020: Charting New Pathways of Human Rights Intervention on Right to Life Nwaechefu, Hilary; Nnawulezi, Uche
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.37329

Abstract

The unprovoked attacks on Police Officers in Nigeria between 2017-2020 that resulted to several deaths of the Police Officers have put a question mark on the constitutional provisions guaranteeing the rights of all citizen's lives and that of the Police Officers. This paper seeks to identify why the unlawful killings of Police Officers had persisted notwithstanding constitutional provisions. lnterestingly, despite these developments, the position of international human rights law(IHRL) and Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999(as amended) has raised two key questions, first, the standards of protection by government. Second, the permissible circumstances in which persons deserves protection. This paper revealed that inadequate equipment, training and rascal attitudes of police officers towards crime prevention led to unlawful attacks on them which resulted to their deaths during the period under review. Recommendations are made towards stemming the tide. The paper adopted a doctrinal approach that focused principally on current legislations and policies on human rights protection, and concluded with the view that the national and international policy makers have a moral, ethical and legal obligations to protect the lives of police officers as they are entitled to such protection based on their human rights and by so doing it will help to compliment the provisions of the Universal Declaration of Human Rights, 1948 as well as Section 33 Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999
Addressing Challenges and Development in Enforcing International Laws on Child Soldiers: The Need for Legal Reform Okereke, Obinna Nnanna; Nnawulezi, Uche; Magashi, Salim Bashir; Adiyatma, Septhian Eka; Balarabe, Kasim
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1529

Abstract

The purpose of this paper is to examine the challenges of enforcing the international legal framework on child soldiering. The paper reveals that, as the offense of child soldiering escalates, the multi-dimensional scope for protecting child soldiers spans various legal regimes under international law. It argues that, despite several prohibitive norms established in International Humanitarian Law (IHL), International Human Rights Law (IHRL), the International Labour Organization (ILO), and International Criminal Law (ICL), their application or enforcement against child soldiering remains ineffective and inadequate due to numerous impediments and challenges. This is because "law on paper," like a baby in the womb, must align with "law in action" to achieve adequate effectiveness. The methodology employed is doctrinal research. Major gaps were identified, and the paper provides comprehensive recommendations to enhance the enforcement of global treaties against child soldiering. The paper concludes with recommendations to address the technical and legal complexities associated with child soldiering.  
The Development of Agricultural Land Conversion: Legal Culture and Comparative Law in Indonesia and Nigeria Suhadi, Suhadi; Ramli, Asmarani; Dahlan, Tri Andari; Nnawulezi, Uche; Ajayi, Mary-Ann Onoshioke
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13999

Abstract

Land conversion is an important issue in Indonesia and Nigeria, with significant economic, social and environmental impacts. The problem-solving approach to uncovering farmers' legal culture is done through a sociolegal approach, where the law is seen not limited to the text but also its context in reality in society. With the sociolegal approach, the values, attitudes and views (NSP) of farmers towards their agricultural land, towards LP2B policies, and the behaviour of farmers in the use and utilization of their agricultural land designated as sustainable food agricultural land can be revealed and constructed appropriately and adequately. This research aims to uncover how farmers' legal culture can be better integrated in the law enforcement of food agricultural land protection, as well as find ways to harmonize formal laws with local practices in order to achieve more effective and equitable land protection, in addition to comparing factors affecting land conversion in both countries, including urbanization, infrastructure and industrial development, and government policies. The economic impacts of land conversion include economic growth and job creation, but also threaten food security and farmers' livelihoods. Social impacts include land conflicts and changes in people's lifestyles, while environmental impacts include deforestation, erosion and flooding. Proposed solutions include stronger monitoring and law enforcement, community participation, and sustainable policies and empowerment programs for farmers. In conclusion, wise policies and active participation from all parties are needed to sustainably manage land conversion in Indonesia and Nigeria.
Addressing The Principle and Challenges of Enforcement and Prosecution Under Universal Jurisdiction: Charting New Pathways for International Justice Nnawulezi, Uche; Nwaechefu, Hilary; Magashi, Salim Bashir
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Remarkably, the principle of universal jurisdiction is increasingly gaining traction in the international justice system as a key aspect of the prosecution of crime globally. Driven primarily by efforts to combat crime, this paper examined the relevance of universal jurisdiction in order to determine its adequacy as a system of international justice. Contextually, the principle of universal jurisdiction emerged as a supplemental component of the international justice system. This paper adopts the doctrinal approach by identifying and analyzing the relevant provisions and challenges of universal jurisdiction. It argues that if regular enforcement is a goal of the emerging international justice system, then universal jurisdiction will be an essential part of the system. The paper found out that the application of universal jurisdiction is saddled with challenges, not because of its reliance on national authorities to enforce international norms but due to the reluctance of those authorities to play this role. It concludes that universal jurisdiction will not become a reliable pillar of the international rule of law until these challenges are properly addressed.
PROMOTION OF CITIZENSHIP THROUGH MIGRATION: TAKING INTO COGNIZANCE THE PECULIARITIES OF MIGRANT Nnawulezi, Uche; Nwaechefu, Hilary
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

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Abstract

This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which has raised issues not only touching on immigrant's economic and social facilities, but on the burden of migration on citizenship issues of migrant's place of residence. It is therefore important to reiterate the fact that there is need to create a path where migrant may move from a temporary foreign resident to a permanent citizen. It is therefore advanced that measures adopted to address the bar against citizenship for migrants around the globe should take cognizance of their peculiarities. The study adopted analytical qualitative approach and builds it's argument on existing literatures which is achieved by synthesising ideas. It argued that State that have adopted the liberal approach to democratic ideals of the rule of law must guarantee and ensure that the basic principles of human rights are provided in their municipal laws as well as in global legal frameworks. Therefore, it is necessary to consider and examined how different migration policies have been used to promote citizenship and successful incorporation of migrants within their host countries.
Land Law Reform in Indonesia and Nigeria: Towards Equitable Agrarian Governance Damanik, Pandapotan; Nnawulezi, Uche
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3482

Abstract

Introduction: Land inequality remains a major challenge in developing nations, particularly in Indonesia and Nigeria, where unequal land distribution has deep social and economic implications. Both countries have undertaken land law reforms to promote fair access and sustainable resource management. Understanding how these reforms operate within distinct legal and historical contexts is essential for achieving equitable agrarian governance.Purposes of the Research: Analyze and compare the land law reform processes in Indonesia and Nigeria to assess their contribution to achieving justice in agrarian governance. It seeks to identify key similarities and differences in reform approaches, evaluate their socio-legal impacts, and explore policy strategies that strengthen land rights, social inclusion, and rural welfare.Methods of the Research: A qualitative comparative legal analysis was employed, focusing on legal frameworks, policy implementation, and institutional mechanisms in both countries. Data were collected through literature review, document analysis, and secondary sources such as academic journals and government reports. The comparative framework allows examination of each country’s reform trajectory and its effectiveness in promoting fair and sustainable agrarian governance.Results Main Findings of the Research: The findings reveal that although both countries differ in their historical and legal contexts, they face similar challenges namely, land ownership concentration among economic elites and weak protection of indigenous and smallholder farmers’ rights. Indonesia has shown progress through land redistribution and asset legalization programs, while Nigeria emphasizes decentralized land management and community-based access policies. The study concludes that achieving equitable agrarian governance depends on the integration of legal reform, public participation, and policy transparency.
Dari Kertas ke Digital: Cetak Biru Rwanda dan Redefinisi Keaslian Akta Notaris dalam Kerangka Hukum Digital di Indonesia Siswanto, Carissa Amanda; Adiyatma, Septhian Eka; Nnawulezi, Uche; Kabano, Jacques
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4686

Abstract

This study examines the legal recognition of electronic notarial acts in Indonesia and the regulatory inconsistencies among the Notary Law, the Electronic Information and Transactions (ITE) Law, and the Indonesian Civil Code. These inconsistencies prevent notaries from issuing authentic electronic deeds, weaken the evidentiary value of digital documents, and create legal uncertainty in electronic transactions. Using a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes Indonesia’s framework and compares it with Rwanda’s system, which expressly recognizes electronic notarial acts under Law No. 031/2016 through an integrated digital identity platform. The findings show that the physical presence requirement in the Notary Law and the exclusion of notarial deeds from electronic documents under the ITE Law are the main obstacles to electronic authentic deeds in Indonesia. The novelty of this research lies in its use of Rwanda’s regulatory model as a normative and comparative foundation for reconstructing Indonesia’s Cyber Notary framework. This study proposes revising the Notary Law and establishing a unified national digital notarial platform to strengthen the authenticity, integrity, and legal certainty of electronic deeds within Indonesia’s evolving digital legal landscape.
Co-Authors Adeuti, Bosede Remilekun Adiyatma, Septhian Eka Ajayi, Mary-Ann Onoshioke Ajayi, Oluwatobiloba Ifedolapo Akhamddhian, Suwari Balarabe, Kasim Cahyani, Indah Fitri Chinyere Constance, Ogah DAHLAN, TRI ANDARI Dikha Anugrah Emmanuel, Okibe Hakuzimana, Jean Damascene Kabano, Jacques Magashi, Salim Bashir Mohammed, Safiyyah Ummu Mugisha, Cedric Nwaechefu, Hilary Nyekwere, Empire Hechime Ojekunle, Ademola O. Okereke, Obinna Nnanna Pandapotan Damanik Ramli, Asmarani Rouf, Muhammad Abdul Siswanto, Carissa Amanda Sri Mulyani Suhadi Suhadi Yesashimwe, Amina