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All Journal ADLIYA: Jurnal Hukum dan Kemanusiaan Jurnal Dinamika Hukum
Syed Muhammad Huzaif Mail
Shaeed Zulfiqar Ali Bhutto University Of Law, Pakistan
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Global Norms and Constitutional Law in Indonesia and Pakistan Sri Amlinawaty A Muin; Muh. Zulkifli Muhdar; Syed Muhammad Huzaif Mail
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.19162

Abstract

The interaction between international legal norms and national constitutional law has become increasingly complex, particularly in countries with strong ideological and religious foundations. This study aims to analyze the process of legal adaptation of global norms within the constitutional systems of Indonesia and Pakistan and to identify the social, political, and religious factors that influence their legitimacy and effectiveness. This study employs a comparative legal analysis, focusing on constitutional provisions, statutory regulations, and relevant legal doctrines in Indonesia and Pakistan. The findings reveal that Indonesia adopts a dialogical– inclusive model, in which universal human rights values are contextualized through Pancasila and the principle of Divinity as normative filters, whereas Pakistan adopts a defensive–theological model that positions Sharia as the ultimate boundary of legal supremacy over global norms. Social, political, cultural, and religious values play a significant role in determining the degree of legitimacy and the practical effectiveness of international norms within each domestic context. This study concludes that the effectiveness of implementing international norms largely depends on a state’s ability to balance global commitments with the authenticity of its local values.
Legal Realism and Health Criminal Law Reform in the Era of Medical and Technological Advances Martina Nilamsari; I Made Wirya Darma; Syed Muhammad Huzaif Mail
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 19 No. 1 (2025): ADLIYA : Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v19i1.40019

Abstract

Health criminal law faces evolving challenges driven by rapid technological advancements and shifting social dynamics. Issues such as medical malpractice, drug counterfeiting, patient data privacy, and equitable access to healthcare require legal frameworks that are both adaptive and rights-based. However, Indonesia's current legal regulations often fall short in addressing these complex realities, revealing a gap between normative provisions and practical implementation. This research analyses the challenges of enforcing health criminal law in the modern era through the lens of legal realism and proposes adaptive legal solutions. Utilising normative legal research, including statutory and conceptual approaches, the study examines primary, secondary, and tertiary legal materials to assess the responsiveness of existing regulations. The findings highlight legal uncertainty, weak enforcement mechanisms, and insufficient alignment with technological and ethical developments. The novelty of this study lies in offering an integrated framework based on legal realism that emphasises pragmatic and contextually informed legal reform. Proposed solutions include comprehensive regulatory reform, restorative justice approaches, professional capacity-building, transparent oversight mechanisms, clear standards of criminal liability, and stronger protections against drug counterfeiting and patient data breaches. The study emphasises the need to strike a balance between law enforcement and human rights protection in the context of technological innovation in healthcare.
Co-Authors I Made Wirya Darma Martina Nilamsari Muh. Zulkifli Muhdar Sri Amlinawaty A Muin