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All Journal Novum : Jurnal Hukum Indonesia Private Law Review Jurnal Dinamika Hukum
Souad Ahmed Ezzerouali
Dhofar University
Law, Crime, Criminology & Criminal Justice

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Election Supervisory Board as the Constitutional Watchdog: Ensuring Human Rights and Electoral Neutrality in Indonesia Wahyu Donri Tinambunan; Maharani Nurdin; Adi Kristian Silalahi; Souad Ahmed Ezzerouali
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.16582

Abstract

The integrity of Indonesia’s democratic elections depends on the impartial enforcement of electoral laws and the protection of citizens’ political rights. The Election Supervisory Board (Bawaslu), although not explicitly established in the Constitution, serves as a key institution mandated by statutory law to oversee electoral neutrality and protect the fairness of electoral processes. Its supervisory mandate intersects with broader constitutional principles and human rights norms, particularly in addressing violations of political neutrality by state officials and safeguarding the right to political participation. This study aims to critically analyze the extent to which Bawaslu incorporates constitutional oversight and human rights considerations into its supervisory practices and how these frameworks influence its effectiveness. Using a normative legal research method with statutory, conceptual, and comparative approaches, the study evaluates national legal instruments, Bawaslu regulations, and selected case studies. Findings indicate that Bawaslu’s oversight capacity is constrained by gaps in legal clarity, inconsistent inter-institutional coordination, and the absence of explicit constitutional grounding for its human rights obligations. Strengthening its institutional independence, refining the legal framework, and aligning domestic electoral oversight with international human rights standards are crucial steps for enhancing both electoral integrity and political neutrality. Beyond the Indonesian context, this study contributes to the global discourse on the role of non-constitutional electoral oversight bodies in consolidating democratic governance, offering comparative insights relevant to emerging democracies worldwide.
TRADEMARK PROTECTION AND SUSTAINABLE DEVELOPMENT: A COMPARATIVE STUDY OF INDONESIA, OMAN, AND THE PHILIPPINES I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Souad Ahmed Ezzerouali; Princess Alyssa Tee-anastacio
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.4775

Abstract

Trademark protection is a fundamental element of intellectual property law that supports innovation, economic growth, and legal certainty while increasingly contributing to sustainable development through fair business practices, local market strengthening, and sustainable employment. This study examines trademark protection regimes in Indonesia, Oman, and the Philippines using a normative and comparative legal approach to assess their contribution to the Sustainable Development Goals, particularly in relation to economic growth, innovation, and institutional strength. The findings show that although all three countries formally recognize the importance of trademark protection, they differ significantly in regulatory design and enforcement, with Indonesia facing persistent enforcement challenges, Oman demonstrating strong legal structure but limited practical effectiveness, and the Philippines adopting a more adaptive and institutionally robust approach. The study concludes that trademark protection can function as an effective tool for sustainable development if supported by stronger institutional capacity, greater alignment with international standards, and enhanced regional cooperation.
Ius Constituendum Regulation of Gambling in Indonesia: A Perspective of the Philosophy of Law Volkgeist Friedrich Carl von Savigny Faisol; Rizky Akbar; Souad Ahmed Ezzerouali
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): The Philosophy of Law in Action: Ontology, Justice, and the Moral Legitimacy
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i02.72401

Abstract

This article discusses the phenomenon of gambling in Indonesia from the perspective of the Volkgeist legal philosophy of Friedrich Carl von Savigny, which asserts that law is not merely a product of formal legislation, but rather an expression of the collective spirit of a society living within local traditions and culture. Although gambling is prohibited in positive law, traditional gambling practices that are ingrained in the cultural identity of various ethnic groups indicate a tension between formal law and customary law rooted in the Volkgeist. Therefore, law enforcement against gambling needs to accommodate cultural values and local wisdom so that legal policies can be accepted and effective, as well as and maintain social harmonysocial harmony can be maintained. Future gambling regulations should be based on the understanding that the law reflects the collective spirit of society, with an approach that integrates formal legal aspects and respect for tradition, supported by cross-institutional collaboration and public education to effectively combat online gamblingto combat online gambling effectively. This holistic approach is expected to create a balance betweenbalance the supremacy of law and the preservation oflaw supremacy and preserve local values for sustainable justice and social order in Indonesia.
Co-Authors Adi Kristian Silalahi Faisol Fradhana Putra Disantara I Gede Agus Kurniawan Maharani Nurdin Princess Alyssa Tee-anastacio Putu Aras Samsithawrati Rizky Akbar Wahyu Donri Tinambunan