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All Journal LAW REFORM Bestuur Jambura Law Review
Qutieshat, Enas
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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State Asset Management in the Framework of Good Governance and International Law for Sustainable Development Syamsir, Syamsir; Nuriyatman, Eko; Saraya, Sitta; Arifin, Firdaus; Qutieshat, Enas
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.30817

Abstract

State asset management is a core function of public law through which the State exercises authority over public resources to support sustainable development. In modern international legal discourse, state assets are no longer viewed merely as economic tools but as legal objects governed by international obligations and good governance principles. This article examines the international legal framework on state asset management and its relevance to strengthening asset governance in Indonesia using a normative legal research approach that analyzes both international and national legal instruments, with particular attention to the interaction between soft law and hard law. It reviews key frameworks such as the Sustainable Development Goals, the Paris Agreement, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Corruption, and evaluates their alignment with Indonesia’s domestic regulations through library research and qualitative analysis using systematic and teleological interpretation. The study finds that while soft law provides important normative guidance for sustainability-oriented governance, excessive reliance on non-binding mechanisms risks weakening legal certainty and accountability; therefore, binding regulations grounded in good governance principles transparency, accountability, public participation, and the rule of law are essential to ensure that state assets function effectively as instruments of sustainable development. From an ius constituendum perspective, aligning international commitments with enforceable domestic law is necessary to protect public interests, ensure intergenerational equity, and promote sustainable national development.
Justice in the Balance: Activating Legislative-Reality Harmony to Ensure Fair Judicial Rulings Between Sharia And Modern Legal Systems Chami, Yassine; Elsharef, Mohamed Elmadni; Qutieshat, Enas
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.70786

Abstract

Achieving judicial fairness requires harmonizing legal texts with evolving societal realities. This research aims to explore the factors that enhance the fairness of judicial rulings by analyzing the interplay between abstract legal texts and practical reality. The method used involves a comparative analytical approach between modern legal systems and Islamic Sharia, supplemented by a review of judicial precedents. The results obtained indicate that legislative coherence and judicial discretion are critical for aligning rulings with justice objectives. Specifically, the study finds that rigid procedural adherence often undermines equity, whereas flexible interpretation grounded in contextual circumstances enhances fairness. Conclusions that can be drawn emphasize the necessity of developing legislative mechanisms that balance stability with equity, alongside promoting judicial transparency.
Rethinking Global Institutions in Environmental Protection: Guardians or Bystanders? Khater, Maya; Alkaabi, Aishah; Qutieshat, Enas; Alameri, Maitha; Alkaabi, Hamda
BESTUUR Vol 14, No 1 (2026): Article in Press: Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v13i2.115011

Abstract

Global environmental degradation, driven by climate change, resource overexploitation, and rapid urban expansion, challenges the effectiveness of international institutions in functioning as genuine guardians rather than passive bystanders in environmental protection. This study critically examines the role of international organizations by analyzing their legal and institutional frameworks, evaluating their practical performance, identifying key implementation constraints, and formulating reform-oriented measures. The research applies a descriptive, analytical, critical, and inductive approach through a systematic assessment of international legal instruments, institutional practices, and relevant scholarly discourse. The study finds that environmental degradation continues to intensify despite the proliferation of international agreements, indicating a persistent gap between normative commitments and practical outcomes. Limited national capacities, weak coordination among international institutions, and the absence of effective enforcement mechanisms significantly undermine institutional effectiveness. Consequently, many international obligations operate at a formal level without achieving substantive implementation. The study concludes that strengthening international environmental governance requires comprehensive legal and institutional reforms that enhance compliance, improve coordination, and ensure effective enforcement of environmental obligations.
Co-Authors Alameri, Maitha Alkaabi, Aishah Alkaabi, Hamda Chami, Yassine Eko Nuriyatman Elsharef, Mohamed Elmadni Firdaus Arifin, Firdaus Khater, Maya Saraya, Sitta Syamsir Syamsir