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All Journal Jurnal Suara Hukum Indonesia Private Law Review Lex Scientia Law Review
Mac Thi Hoai Thuong
Hanoi Law University
Law, Crime, Criminology & Criminal Justice

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THE PRINCIPLE OF PROPORTIONALITY ON DIGITAL BUSINESS AGREEMENTS: BETWEEN MITIGATION AND ORIENTATION Miftah Arifin; Zaenal Arifin; Mac Thi Hoai Thuong
Indonesia Private Law Review Vol. 4 No. 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v4i1.2954

Abstract

The Agreement as part of civil law is one of everyday life's most frequently performed actions.  This study aims to anticipate the development of digital agreements by contextualizing the provisions of laws and regulations regarding agreements. This research is normative legal research that uses statutory and conceptual approaches. The results of the study confirm that efforts to mitigate digital agreements following contract law are by still referring to Article 1320 of the Civil Code by prioritizing four orientations to minimize risks in digital agreements. First, the preventive orientation by looking at the parties who are invited to enter into agreements. Second, the prudence and proportionality in reading the provisions in digital agreements. Third, the prudence and proportionality of digital agreements by including names as well as identities that can be contacted and can be accounted for by the parties. Fourth, prudence and proportionality in determining the object of the agreement. Furthermore, the orientation of digital agreements based on the principle of proportionality based on philosophical, sociological, and juridical aspects requires specific arrangements, particularly regarding the minimum requirements for implementing digital agreements. That is because the unique characteristics of digital agreements need special arrangements regarding the terms of the validity of digital agreements, which in general still refer to Article 1320 of the Civil Code.
The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Mac Thi Hoai Thuong; Briggs Samuel Mawunyo Nutakor
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.18096

Abstract

This study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice.
International and National Legal Trends on The Rights to Gender Transition of Transgender Persons and Practices in Some Asian Countries Mac Thi Hoai Thuong
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n1.p1-39

Abstract

Transgender persons, whose gender identity differs from their assigned sex at birth, face legal-social barriers in gender transition a process tied to identity rights and dignity. This study examines the evolution of international legal instruments and national laws on transgender persons right to gender recognition, highlighting global trends toward progressive protection. The research results confirm that for most countries, the national laws on recognizing the legal gender of transgender persons become more open, simple, accessible, and better ensuring the rights of transgender persons. However, this trend develops unevenly among the countries. Besides the open approach of most countries, certain countries keep very strict regulations on legal gender recognition, and even do not allow gender transition. This comes from some main reasons, such as cultural traditions, legal frameworks, social perspectives, and perceptions on this issue. This research's novelty lies in its synthesis of international trends with Asian practices, identifying pathways for reform. Recommendations urge Asian states to harmonize national laws with international human rights standards, simplifying gender recognition procedures and fostering societal acceptance to better safeguard transgender dignity and equality.
Co-Authors Briggs Samuel Mawunyo Nutakor Fradhana Putra Disantara I Gede Agus Kurniawan Miftah Arifin Putu Aras Samsithawrati Zaenal Arifin