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All Journal Jurnal Ilmiah Hukum LEGALITY Journal of Law and Legal Reform
I Gede Agus Kurniawan
Faculty of Law, Universitas Pendidikan Nasional, Indonesia
Law, Crime, Criminology & Criminal Justice

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Towards a structural constitution: contribution of Presidential Succession Law to the Constitution of Indonesia Febriansyah Ramadhan; I Gede Agus Kurniawan; I Gede Druvananda Abhiseka; Putu Wahyu Widiartana; Roqiyul Maarif Syam
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.40203

Abstract

This study examines the relatively underexplored domain of presidential succession within constitutional law, which addresses the critical scenario in which the offices of the President and Vice President simultaneously become vacant. Despite its importance, the conceptual frameworks and defining characteristics of succession regimes have not been systematically or comprehensively mapped. To fill this gap, the present article establishes a strong theoretical foundation for presidential succession by applying doctrinal methods grounded in constitutional analysis, comparative law, and conceptual inquiry. Furthermore, it synthesises and organises the salient features of succession provisions as they appear across a variety of national constitutions. Employing a comparative constitutional approach, the research aggregates these dispersed elements to illuminate common patterns and divergences. The findings suggest that a more advanced articulation of succession rules could substantially enhance the structural integrity of Indonesia’s 1945 Constitution, elevating it toward a fully automated and systematised mechanism that minimises discretionary discretion, resists political interference, and guarantees continuity of executive authority. Finally, the catalogued key features offer a fertile basis for further empirical and normative investigation aimed at identifying the optimal configuration of succession clauses for any given constitutional order.
Legal Reform in Business Dispute Resolution: A Study of Legal Pluralism in Indonesia, Vietnam, and Thailand I Gede Agus Kurniawan; Putu Aras Samsithawrati; Ni Ketut Supasti Dharmawan; Fradhana Putra Disantara; Ruetaitip Chansrakaeo
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21128

Abstract

Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.
Co-Authors Febriansyah Ramadhan Fradhana Putra Disantara I Gede Druvananda Abhiseka Ni Ketut Supasti Dharmawan Putu Aras Samsithawrati Putu Wahyu Widiartana Roqiyul Maarif Syam Ruetaitip Chansrakaeo