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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Lampung Journal of International Law (LaJIL) SASI 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.
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.
Pluralism in Health Law: Examining the Interplay between Customary and Formal Legal Systems in Indonesia and India Sukrisno, Wijayono Hadi; Arifin, Zainal; Ezenduka, Uzodinma Yurriens
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3587

Abstract

Introduction: Legal pluralism in the health sector is an important issue in countries with high social and cultural diversity such as Indonesia and India. Both countries have dual legal systems that combine state formal law with customary law that lives in communities, and the regulation and implementation of health services in practice are often colored by overlapping authority, local cultural values, and differing views on the legitimacy of traditional healing. This phenomenon poses challenges in realizing justice, access, and equity in health services. Purposes of the Research: This research aims to examine in depth the relationship and dynamics between the customary law system and the formal legal system in the context of health law in Indonesia and India. This study seeks to identify forms of interaction, potential conflicts, and opportunities for harmonization between the two legal systems in regulating traditional medicine practices and modern health services. Methods of the Research: This research uses a qualitative approach with comparative study methods and normative legal analysis. Data was collected through literature studies and analysis of laws and regulations. This approach allows mapping the relationship between customary norms and formal law and their influence on national health policy. Results of the Research: The results show that both Indonesia and India face similar challenges in integrating customary law systems with formal health laws. In Indonesia, customary law is constitutionally recognized but has not been fully integrated into health regulations. In India, traditional medicine systems such as Ayurveda and Unani gained stronger legal recognition. The study underscores the importance of an inclusive model of legal pluralism to ensure the protection of public health without neglecting local wisdom.
Co-Authors Chansrakaeo, Ruetaitip Disantara, Fradhana Putra Halder, Debarati HANANTO WIDODO Lovisonnya, Intan Muhdar, Muh. Zulkifli Salmawati Salmawati Sukrisno, Wijayono Hadi Zainal Arifin