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All Journal Jambura Law Review Potret Pemikiran Protection: Journal Of Land And Environmental Law
NGA, Pham Thanh
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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State Power Balance In Governing Land: Law And Regulation Of Vietnam NGA, Pham Thanh
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.646 KB) | DOI: 10.38142/pjlel.v1i2.463

Abstract

Recent years have seen an increase in the number of cases involving illegal land purchases in Vietnam. In addition to making people lose faith in the Party's and the State's leadership, it also reduces the confidence of both domestic and foreign investors and businesspeople engaged in land leasing and commercial development in Vietnam. Land is the most important natural resource of each country worldwide. When used effectively, the state maintains a stable political system and achieves economic sustainability. However, countries' authorities still face many challenges when governing land resources. Although there have been many efforts to enact Laws and regulations to improve the legal system on land, Vietnam's authority administration is still very complicatied now. Vietnam's National Assembly is collecting opinions from relevant organizations and individuals to finalize the draft and prepare to promulgate the revised 2022 Law of Land. In this article, the author clarifies the issue of state power control when expropriating land in Vietnam. From there, the author suggests ways to strengthen the legal framework for land when revising and creating new laws and regulations for the land, balancing the interests of the government and the people of Vietnam for the coming period. To do this research, the author combines many kinds of methodologies, such as surveying to collect data and opinions of experts, people and authorities, analyzing the laws and regulations related to managing land.
Human Rights Perspectives on Resolving Medical Malpractice Cases through Penal Mediation in Indonesia Suwito, Suwito; Sari, Liani; NGA, Pham Thanh; Towadi, Mellisa; Manullang, Sardjana Orba
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.19169

Abstract

This study aims to analyze human rights perspectives in resolving medical malpractice cases through penal mediation in Indonesia and the United States and find solutions to improve human rights protection in resolving such issues in Indonesia. The research was conducted by juridical normative research methods with a comparative approach, and the analysis was carried out by legal hermeneutics. The results showed that penal mediation in resolving medical malpractice cases needs to be improved in Indonesia to pay more attention to the human rights of victims and perpetrators, especially regarding equality and recognition of victims. In the United States, it is necessary to create consistent and detailed federal laws regarding penal mediation to resolve medical malpractice cases. The legal concept/regulation of human rights protection in resolving medical malpractice cases through penal mediation in Indonesia must ensure that the human rights of victims and perpetrators are protected and that the solutions found meet the needs of both parties fairly and humanely.
Normative Fragmentation in Indonesian Notary Law: Regulatory Harmonization of Cyber Notary and Electronic Signatures toward Structural Justice Savita, Salsa Rima; Mahfud, Muh. Afif; NGA, Pham Thanh
Potret Pemikiran Vol 29, No 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v29i2.4091

Abstract

Indonesia's notary law framework remains normatively fragmented, as the Notary Law (UUJN) requires physical presence while the Electronic Information and Transactions Law (ITE Law) recognizes electronic signatures as legally binding instruments. This contradiction prevents notaries from issuing authentic electronic deeds, creates legal uncertainty, and structurally excludes vulnerable populations including remote communities, migrant workers, and micro-enterprise operators from accessing civil legal services. This study examines the normative legitimacy of electronic signatures within the Indonesian notary system, identifies the structural consequences of regulatory fragmentation on vulnerable populations, and proposes a justice-oriented harmonization framework for inclusive digital notarial services. Employing normative juridical methodology with statutory, conceptual, and comparative approaches, this study analyzes Indonesian legislation alongside regulatory experiences from the Netherlands, Brazil, Rwanda, Singapore, and Turkiye. The findings reveal three critical issues: normative contradiction between the UUJN and the ITE Law regarding remote appearance and authentication standards; the absence of explicit statutory recognition of cyber notary mechanisms; and disproportionate structural barriers to civil legal access for vulnerable populations produced by regulatory ambiguity. Harmonization requires legislative amendment, institutional infrastructure development, and justice-oriented governance design that ensures digital notarization expands rather than reproduces existing structural inequalities in access to legal services.
Co-Authors Mellisa Towadi mUH. Afif Mahfud Sardjana Orba Manullang Sari, Liani Savita, Salsa Rima Suwito Suwito