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All Journal Jurnal Dinamika Hukum Rechtsidee Jurnal IUS (Kajian Hukum dan Keadilan) Unram Law Review Jurnal Ilmiah Penegakan Hukum Journal of Law Science SIGn Jurnal Hukum Uti Possidetis: Journal of International Law Batulis Civil Law Review The International Journal of Politics and Sociology Research Reformasi Hukum SASI
Ishwara, Ade Sathya Sanathana
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana; Disantara, Geraldha Islami Putra; Abdunayimova, Dinara
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.v6i3.3364

Abstract

Introduction: Economic globalization has significantly influenced the practice of business law, particularly commercial contracts that are increasingly complex, cross-border in nature, and dominated by capitalist interests. Contracts, which ideally serve as instruments of justice, often function as tools of domination by stronger parties over weaker ones, thereby neglecting humanitarian, ethical, and spiritual dimensions.Purposes of the Research: The purpose of this research is to analyze how the principles of prophetic law can be integrated into modern commercial contract practices and to identify the challenges arising in the era of globalization.Methods of the Research: This study employs normative legal research with a conceptual approach, examining the principles of prophetic law and linking them to contemporary business law practices. The data were analyzed qualitatively through a review of legal literature, philosophical discourse, and modern commercial contract practices.Results Main Findings of the Research: The findings indicate that the principle of humanization plays a crucial role in restoring contracts to their human dignity by protecting weaker parties; the principle of liberation calls for the elimination of exploitative contractual practices; while the principle of transcendence stresses the necessity of embedding ethical and spiritual values in business. The challenges of integration include the dominance of global capitalism, rigid digital contract frameworks, and the weak moral awareness of business actors. The originality of this study lies in its systematic effort to connect prophetic law with modern commercial contract practices, thereby offering a new paradigm for global business law that is more just, humane, and sustainable.
Constitutionalizing Emergency Powers: Balancing National Security and the Rule of Law in International Law Wirawan, A. Rahmat; Chandra, M. Jeffri Arlinandes; Saragih, Geofani Milthree; Mahdi, Umar; Ishwara, Ade Sathya Sanathana; Wirawan
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i3.55864

Abstract

Background: The expansion of emergency powers in response to national security threats has intensified constitutional debates over the permissible limits of executive authority under international law. Despite the recognition of emergency derogations in international human rights instruments, significant legal tensions remain regarding the extent to which states may restrict constitutional rights while maintaining compliance with international legal obligations. Objectives: This study examines how constitutional limitations on emergency powers interact with international legal standards and asks whether the relationship between domestic emergency governance and international human rights law creates legal inconsistencies in protecting constitutionalism during states of emergency. Methodology: This research employs normative juridical methods using statutory, conceptual, comparative, and international law approaches. Primary legal materials include constitutional provisions, the International Covenant on Civil and Political Rights (ICCPR), judicial decisions, and relevant international legal instruments, which are analyzed through descriptive-analytical techniques. Findings: The study finds that the principal legal tension arises from the inconsistent interpretation of emergency derogation provisions under Article 4 of the ICCPR by domestic constitutional courts. While international law permits temporary limitations on certain rights during genuine emergencies, several domestic legal systems have expanded executive discretion beyond the requirements of legality, necessity, proportionality, and temporariness. This divergence has contributed to the normalization of exceptional governmental powers, weakening constitutional oversight and creating a legal gap between international human rights obligations and domestic emergency governance. Originality/Novelty: This study develops an integrated constitutional-international law framework by identifying the legal friction between ICCPR emergency derogation standards and domestic constitutional practices. It proposes a constitutional model that strengthens judicial oversight and reconciles national security imperatives with international rule-of-law principles to prevent the normalization of permanent emergency governance.
Co-Authors Abdunayimova, Dinara Bintara Sura Priambada Chandra, M. Jeffri Arlinandes Disantara, Fradhana Putra Disantara, Geraldha Islami Putra Fajrin, Yaris Adhial Firmansyah, Jaka Hadi, Adwi Mulyana Hulwanullah, Hikam Khuan, Hendri Kurniawan, Kukuh Dwi Mahdi, Umar Putra, Rengga Kusuma Raden Mohamad Herdian Bhakti Rina Khairani Pancaningrum, Rina Khairani Rodliyah Rodliyah, Rodliyah Saragih, Geofani Milthree Thuong, Mac Thi Hoai Wirawan Wirawan, A. Rahmat Yenny Febrianty