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All Journal Causa: Jurnal Hukum dan Kewarganegaraan Ius Comparatum: Journal of Law Studies
Shaffa Nathaniela
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Humanities Law, Crime, Criminology & Criminal Justice

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SENGKETA PERJANJIAN TIDAK BERNAMA : PENYELESAIAN DAN MEKANISME HUKUM NON-NAMED AGREEMENT DISPUTES: SETTLEMENT AND LEGAL MECHANISM Rizka Nurhanifa Amelia; Shaffa Nathaniela; Yasmeen Auliandini Arafah; Nirindah Daniella Sembiring; Surahmad, Surahmad
Causa: Jurnal Hukum dan Kewarganegaraan Vol. 8 No. 12 (2024): Causa: Jurnal Hukum dan Kewarganegaraan
Publisher : Cahaya Ilmu Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3783/causa.v8i12.7933

Abstract

Unnamed agreement or innominaat agreement is an agreement that is not specifically regulated in law. This agreement was born from the principle of freedom of contract in society so that according to the needs of the community and the name of the agreement will be adjusted to the needs of the parties entering into the agreement. This has led to a lot of conflicts or disputes over unnamed agreements. Unnamed agreement disputes in contract law often pose complex legal challenges, given the lack of clarity regarding the specific arrangements in this unnamed agreement and the resolution of disputes that arise. Using a qualitative method, this article will discuss the validity of agreements, the principle of freedom of contract, identify the main sources of disputes related to non-named agreements and effective dispute resolution.
Constitutionalisation of Emergency Law: A Comparative Study of State of Emergency in Indonesia and the Philippines Aulia Cantika Maharani; Yasmeen Auliandini Arafah; Shaffa Nathaniela
Journal of Ius Comparatum Law Studies Vol 2 No 1 (2026): January-April (Constitutionalism and Emergency Powers: A Comparative Study of Leg
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/icjls.v2i1.14838

Abstract

Every democratic constitutional state recognizes the existence of emergency law as an extraordinary legal instrument. Indonesia and the Philippines, though sharing a presidential system and authoritarian historical backgrounds in Southeast Asia, have adopted fundamentally different approaches in regulating the state of emergency within their constitutional frameworks. Indonesia's Article 12 of the 1945 Constitution contains only two delegative sentences, leaving substantive regulation to legislation, whereas the Philippines constitutionalises emergency law comprehensively under Article VII Section 18 of the 1987 Constitution. The gap in the literature lies in the lack of studies that position the Philippines as Indonesia's comparative counterpart, as well as the lack of a holistic examination of how differences in regulatory levels shape the overall character of emergency law regimes in both countries. This study analyses and compares the regulation of the state of emergency in both constitutions in terms of constitutionalisation, legislative oversight mechanisms, and judicial review. Using normative juridical research with statutory, conceptual, and comparative approaches, this study finds that Indonesia's emergency law regime is normatively under-specified and institutionally fragile, lacking constitutional temporal limits, explicit legislative oversight, and judicial review of emergency proclamations. The Philippines, by contrast, establishes three layers of constitutional control: a sixty-day temporal limit, Congressional supremacy for extensions, and mandatory judicial review of the factual basis for proclamations. This study concludes that Indonesia requires fundamental reform by elevating essential norms temporal limits, parliamentary oversight, and judicial review to the constitutional level, in accordance with democratic rule of law principles post-amendment. Keywords: State of Emergency, Constitutionalisation, Legislative Oversight, Judicial Review, Comparative Studies
Co-Authors Aulia Cantika Maharani Nirindah Daniella Sembiring Rizka Nurhanifa Amelia Surahmad Surahmad, Surahmad Yasmeen Auliandini Arafah Yasmeen Auliandini Arafah