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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Lampung Journal of International Law (LaJIL) PATTIMURA Legal Journal Journal of Law and Legal Reform
Ezenduka, Uzodinma Yurriens
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Law, Crime, Criminology & Criminal Justice

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Legal Reform for Passive Euthanasia in Indonesia: A Comparative Analysis of Policy and Ethics Ezenduka, Uzodinma Yurriens; Halder, Debarati
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20498

Abstract

This study aims to elaborate on the ethical and legal problems concerning passive euthanasia and Advance Directives (ADs) in Indonesia, focusing on the legal obscurity in current legislation, which causes uncertainties among families and medical practitioners. Although Indonesia’s Penal Code criminalizes active euthanasia, it remains silent on passive euthanasia, making healthcare providers vulnerable to the risk of prosecution when withholding or withdrawing futile treatments. Using a normative juridical approach, this research primarily analyzes Indonesian statutes and compares them with those of India, Saudi Arabia, and Iran. Despite provisions in health laws for patients to refuse treatment, the absence of explicit guidelines forces healthcare providers to operate with legal uncertainty. A comparative analysis of India’s legalization of passive euthanasia showcases how legislative clarity can align with ethical, medical, and societal needs. Insights from Islamic-majority countries like Saudi Arabia and Iran also reveal that Islamic jurisprudence, through the harm reduction principle, can be aligned with passive euthanasia within an ethical framework. Several particular reform recommendations are provided in this regard in the study, comprising amending the Penal Code to differentiate passive euthanasia and murder, establishing formal AD procedures, and introducing ethics committees and dual-approval oversight to maintain the ethical purity of the process. These reforms and public awareness initiatives would enhance the principle of patient autonomy and clarify misconceptions and legal responsibilities, providing overall improvement in an unattended aspect of medical care.
Reforming Indonesia's Criminal Prosecution System: The Challenge of Integrating Modern Evidence in Addressing Transnational Crime Kariawan, I Ketut Dody Arta; Majid, Abdul; Aprilianda, Nurini; Afandi, Fachrizal; Ezenduka, Uzodinma Yurriens
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.22004

Abstract

Introduction: The development of transnational crime fundamentally requires efforts to update the criminal evidence system in Indonesia. This is because the characteristics of transnational crime are cross-border and are committed using technological advancements that are not yet covered or even regulated by positive law in Indonesia. Purposes of the Research: This research aims to analyze and propose reforms to the criminal justice system in Indonesia by integrating modern evidence in the face of transnational crime. Methods of the Research: This research uses a normative legal research method with a conceptual and legislative approach. Results Main Findings of the Research: The results of this study confirm that the urgency of reforming the criminal evidence system in Indonesia is a highly pressing and crucial matter for addressing the complexities of transnational crime, particularly money laundering, which demands more adaptive and effective methods of proof than the current provisions in the Criminal Procedure Code. More detailed updates to the Criminal Procedure Code regarding evidence, particularly digital and cross-border evidence, along with strengthened international cooperation and increased capacity of law enforcement officers in digital forensics and handling transnational crimes, are important steps. The reform of Indonesia's criminal evidence system, which integrates modern evidence tools to combat transnational crimes, requires a substantive revision of Article 184 of the Criminal Procedure Code to explicitly include electronic evidence as a category of valid evidence. Therefore, more detailed updates to the Criminal Procedure Code and the Anti-Money Laundering Law regarding evidence, particularly digital and cross-border evidence, along with strengthened international cooperation and increased capacity of law enforcement officers in digital forensics and handling transnational crimes, are important steps to strengthen the effectiveness of law enforcement against transnational crimes.
Balancing National Constitutions and International Trade Commitments: Comparative Insights from Indonesia, Thailand, and India Widodo, Hananto; Lovisonnya, Intan; Disantara, Fradhana Putra; Chansrakaeo, Ruetaitip; Ezenduka, Uzodinma Yurriens
Lampung Journal of International Law Vol. 7 No. 2 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i2.4813

Abstract

Economic globalization has heightened tensions between national sovereignty and international trade obligations. This study compares constitutional review mechanisms in Indonesia, Thailand, and India, representing civil law and common law systems. Using normative legal methods with statute and comparative analysis, it finds that Indonesia applies ex post review of ratification laws, Thailand uses preventive ex ante review, and India employs substantive, precedent-based judicial review. Effectiveness varies: India achieves high substantive effectiveness through judicial activism, Thailand excels procedurally, and Indonesia remains limited to formal review. The study concludes that constitutional review effectiveness depends on institutional design, legal tradition, and the ability to balance constitutional supremacy with international commitments.
Integrating Local Wisdom and Waqf Regulation: Toward an Inclusive Governance Model of Indigenous Land-Waqf in Indonesia and India Salmawati, Salmawati; Muhdar, Muh. Zulkifli; Ezenduka, Uzodinma Yurriens
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no1.4842

Abstract

The integration of local wisdom and waqf practices is a critical issue in the legal and social development of multicultural countries such as Indonesia and India, where Islamic law, state law, and customary law often overlap, creating legal uncertainty, particularly for communal waqf land. Using a normative legal method with statutory and comparative approaches, this study finds that both countries practice legal pluralism: Indonesia excels in formal mechanisms through land certification and communal nadzir, while India demonstrates institutional robustness via the State Waqf Board. Building on these insights, the study proposes a dual-legitimacy governance model that integrates Islamic law, state regulations, and customary norms, emphasizing inclusive governance, customary-based mediation, and distributive justice to ensure both the sustainability of waqf assets and the welfare of indigenous communities.
Co-Authors Abdul Majid Chansrakaeo, Ruetaitip Disantara, Fradhana Putra Fachrizal Afandi Halder, Debarati HANANTO WIDODO Kariawan, I Ketut Dody Arta Lovisonnya, Intan Muhdar, Muh. Zulkifli Nurini Aprilianda Salmawati Salmawati, Salmawati