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Natural Resource Exploitation and the Legal Struggles of Indigenous Communities Ilhafa, Fayza; Arrizal, Nizam Zakka; Gyasi, Jennis Benewaa
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.12420

The exploitation of natural resources in Indonesia often leads to conflicts between indigenous communities and government or private entities. This article examines the role of law in protecting the rights of indigenous peoples concerning the utilization of natural resources within their territories. Employing a normative legal research method based on secondary legal materials. The findings reveal that, although the rights of indigenous peoples are constitutionally recognized, as stipulated in Articles 18B(2) and 28I(3) of the 1945 Constitution of the Republic of Indonesia, their practical implementation remains inadequate. A significant challenge lies in the conflict between customary law and state law, particularly in the management of natural resources. Indigenous communities frequently face barriers in accessing and utilizing their resources due to regulatory frameworks that often disregard their interests. This article highlights the urgent need for harmonization between customary and state laws and emphasizes the importance of strengthening institutional capacities to support sustainable natural resource management. Preventive and repressive legal protections are essential to ensure that the rights of indigenous communities are not only formally acknowledged but also effectively safeguarded and implemented. By integrating UNDRIP principles into the national legal framework, Indonesia can promote social justice and environmental sustainability, ensuring that indigenous rights are respected and protected.

Legitimate Prejudice in Legal Interpretation: Gadamer's Hermeneutics as an Analytical Framework Sugeng, Sugeng; Aidy, Widya Romasindah
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.12443

Legal interpretation is often influenced by certain prejudices or preconceptions that are regarded as legitimate in the process of understanding legal texts. These prejudices are not necessarily irrational or unfounded; rather, they form part of the interpreter's horizon, shaped by history, culture, and prior knowledge. This article explores the concept of legitimate prejudice within the realm of legal interpretation, using Hans-Georg Gadamer’s philosophical hermeneutics as its analytical framework. Gadamer’s approach offers a nuanced understanding of how meaning emerges through the fusion of horizons between the legal text and the interpreter’s situated perspective, highlighting the productive role of prejudice in the interpretive process. Gadamer's hermeneutics offers an approach that emphasizes the importance of dialogue between the text, the reader, and its historical context. In the context of legal interpretation, legitimate prejudice is not merely viewed as an obstacle but also as a constructive element that enables the creation of legal meaning that is more relevant to social dynamics. This article examines how Gadamer's "fusion of horizons" can help legal practitioners and scholars bridge legal texts with contemporary moral, social, and cultural values. This study employs a normative juridical method combined with a philosophical and hermeneutical approach. The normative juridical method focuses on the analysis of legal norms, principles, and doctrines as they are formulated in legal texts and judicial decisions. Meanwhile, the philosophical approach is used to explore the epistemological foundations of legal interpretation, particularly concerning the role of prejudice and preconceptions in shaping legal meaning. The philosophical approach is used to analyze the concept of prejudice in legal interpretation within the broader framework of legal philosophy and epistemology. Meanwhile, the hermeneutical approach, particularly drawing from Gadamer’s theory, is applied to examine how interpretative prejudices shape and influence the legal decision-making process. This perspective allows for a deeper understanding of how legal meaning is not simply derived from the text itself, but is co-constructed through the interaction between the interpreter’s historical context, normative assumptions, and the legal text. By integrating Gadamer’s hermeneutic principles into the practice of legal interpretation, this article aims to contribute to the development of a more inclusive, critical, and value-oriented theory of legal interpretation.

Post-Quantum Cryptography and Legal Frameworks: Strengthening Uzbekistan’s Cybersecurity and Intellectual Property Protection Abdikhakimov, Islombek
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.13102

The rapid development of quantum technology has significant implications for legal systems, particularly in the areas of cybersecurity, intellectual property, and digital sovereignty. The computational power of quantum computing to decrypt conventional encryption systems poses serious challenges to national information security. Developed countries have adopted post-quantum cryptographic policies to protect their data, while Uzbekistan still faces regulatory gaps in transitioning to more secure encryption systems. Furthermore, the increasing number of patents in quantum technology may create innovation barriers due to the phenomenon of patent thickets, which limit access to strategic technologies. The lack of regulatory clarity regarding legal liability for quantum-based artificial intelligence also creates uncertainty within Uzbekistan’s legal system, particularly in terms of transparency and accountability. Without adaptive regulations, Uzbekistan risks strategic data leaks and dependence on foreign actors in quantum technology development. Therefore, policy reforms are necessary, including post-quantum cryptography-based cybersecurity regulations, harmonization of intellectual property laws with international standards, and the implementation of regulatory sandboxes to test policies before widespread adoption. This study emphasizes that without concrete steps in quantum technology regulation, Uzbekistan risks falling behind in the global competition. A more flexible and progressive legal approach is required to ensure digital sovereignty, data security, and protection of domestic innovation. With the right policies, Uzbekistan can leverage quantum technology to drive its digital economy without compromising its strategic national interests.

Covid-19 and the Growth of Telemedicine in Nigeria: Prospect, Legal Issues and Challenges Ikubanni, Oluwaseye Oluwayomi; Adeboye, Oluwaseye Thompson; Afolabi, Egbewole Qasim; Adams, Omowonuola; Awoniyi, Adeola Roseline
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.13104

Though telemedicine is not a recent development, the advancement of technology and the advent of COVID-19 especially its social distancing and lockdown policies triggered its wide acceptance as a means of accessing healthcare services in Nigeria. This paper, therefore, examines the operation of telemedicine in Nigeria by navigating through its legal framework and challenges. The study underscores the loopholes in the existing laws on telemedicine in Nigeria. The study adopts both quantitative and qualitative research methodologies. The quantitative methodology involves the use of an online questionnaire survey sent to 131 respondents (randomly selected) who reside in Nigeria. Analytical and descriptive methods were utilised in analysing the data obtained. The qualitative methodology involves the reliance on primary and secondary sources material. The study finds that lack of a specific legal framework, poor power supply, illiteracy, lack/poor internet services, cyber fraud, and so on are the factors that have stifled the growth of telemedicine in Nigeria. The study concludes that though telemedicine has come to stay in Nigeria, the country may not enjoy all the blessings that telemedicine offers other great nations with more developed economies if these challenges are not addressed swiftly. The study therefore recommends amongst others the enactment of a law that specifically regulates telemedicine in Nigeria, especially in the area of teleconsent, data protection, and privacy This will enhance the exponential growth of telemedicine in Nigeria.

Legal Challenges in Protecting Uzbekistan’s Cultural Heritage Mukhitdinova, Firyuza Abdurashidovna
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.13110

The protection of historical and cultural heritage is a crucial aspect of preserving national identity and safeguarding a nation's historical values. Uzbekistan, as a country with a rich cultural heritage, has established various national regulations and holds membership in international conventions to protect its cultural assets. However, the implementation of these policies faces multiple challenges, including a lack of inter-agency coordination and resource constraints. This study aims to analyze the national and international legal frameworks for cultural heritage protection in Uzbekistan. It employs a normative legal research method with a descriptive-analytical approach. Data is obtained through document analysis of national regulations, such as the Law on the Protection and Use of Cultural Heritage Objects, as well as international agreements, including the 1972 UNESCO World Heritage Convention. The analysis is conducted through content analysis of legal texts and policies, along with a comparative approach to assess the effectiveness of national regulations against international standards. The study finds that although Uzbekistan has established a strong legal foundation for cultural heritage protection, policy implementation continues to face challenges, including regulatory inefficiencies, weak law enforcement, and limited public awareness of the importance of cultural heritage preservation. Furthermore, despite Uzbekistan's adoption of various international conventions, the harmonization of domestic laws with international standards remains inadequate. Therefore, more progressive legal reforms, enhanced law enforcement capacity, and the optimization of oversight mechanisms are necessary to ensure more effective cultural heritage protection.

Evaluating the ISPS Code’s Role in Securing Maritime Trade Amid Regional Conflicts: Insights from Gaza and the Russia-Ukraine War Suwandi, Muhamad Daffasyarief; Adolf, Huala; Siswandi, Raden Achmad Gusman Catur
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.13117

The escalating conflict between Palestine and Israel has significantly impacted the maritime sector. A decline in ship traffic and import-export volumes has disrupted international trade. Houthi attacks on commercial vessels in November 2023 have exacerbated the stability of global maritime trade. The majority of shipping companies have mitigated this risk by diverting their routes to the Cape of Good Hope. This has triggered an increase in shipping costs and insurance premiums, leading to global inflation. A similar situation occurred in the Black Sea during the Russia-Ukraine war in 2022. Ukraine suffered damage to its ports, which led to a drop in wheat exports. However, countries in the region initiated the Black Sea Grain Initiative (BSGI), based on the International Ship and Port Facility Security (ISPS) Code under the International Convention for the Safety of Life at Sea (SOLAS), which successfully helped restore maritime trade. The purpose of this research is to examine the reliability of the ISPS Code in addressing maritime security threats in high-intensity regional conflicts such as the Gaza conflict, by comparing the successful application of the code in the Black Sea during the war. By using the normative juridical research method through a comparative approach, and by using primary legal sources. The results show that the ISPS Code needs improvement, as it lacks contemporaneous and mandatory provisions, making full compliance difficult.

Illegal Fishing Activities of the Run Zeng Vessel in Indonesia Surakusumah, Regan Meganata; Imamulhadi, Imamulhadi; Oktivana, Davina
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.13120

In the last four years, the number of illegal fishing cases in Indonesia has relatively increased. The government is still working hard to catch the perpetrators of fisheries crimes that roam Indonesian waters. The Ministry of Maritime Affairs and Fisheries (MMAF) reported that a Russian-flagged foreign fishing vessel named Run Zeng from China entered Indonesia's Exclusive Economic Zone (EEZ) to conduct illegal activities such as illegal, unreported and unregulated (IUU) fishing practices, the use of trawling, and the deactivation of the Automatic Identification System (AIS). International environmental law requires countries to comply with rights and obligations related to environmental protection at the global level, including the marine environment. This research aims to specifically highlight the analysis of the environmental aspects of international law against the illegal activities of the Run Zeng vessel in Indonesia. By using normative juridical research methodology, which emphasizes the analysis of library materials in the form of secondary data. The results of this study indicate that the Run Zeng ship has carried out various illegal activities that violate the provisions of international conventions and laws and regulations in Indonesia. In law enforcement, Indonesia has adequate legal instruments to handle cases of environmental pollution by foreign vessels through bilateral agreements and national laws. This case has implications for Indonesia's commitment to realizing sustainable development in the marine and fisheries management sector, especially SDGs 14 Life Below Water through the concept of blue economy as outlined in the five priority programs of the MMAF.

Open Legal Policy: Testing Practices and Limitations by the Constitutional Court Riqiey, Baharuddin; Hadi, Syofyan; Sukardi, Sukardi; Hikam, Reza Maulana
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.131863

The Constitutional Court in its various decisions has not granted a petition on the grounds of open legal policy. Open legal policy is always identical to numbers, for example, term of office, parliamentary threshold, etc. Therefore, the purpose of this study is to examine and analyze the practice of testing legal norms that are open legal policy by the Constitutional Court and to examine and analyze the limitations of testing legal norms that are open legal policy by the Constitutional Court. The research method used in this study is legal research with a statutory, conceptual, and case approach. The results of this study indicate that the practice of testing legal norms that are open legal policy has been going on since the Constitutional Court was established. The provisions of legal norms that are open legal policy are essentially the absolute domain of the legislators so that other state institutions cannot change these provisions. However, under certain conditions the Constitutional Court can change these provisions as long as the norms clearly violate morality, rationality, and intolerable injustice; exceed the authority of the legislators; are part of the abuse of authority; cause institutional problems and lead to legal deadlock; are contrary to political rights; and are contrary to the principle of people's sovereignty.

Definitional Snag in Anti-rape Laws in Bangladesh: A Comparative Note Nigar, Meher
Jurnal Hukum Magnum Opus Vol. 8 No. 2 (2025): Agustus 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.131861

In Bangladesh, rape is the most extreme form of sexual violence which destroys a women’s life. Bangladesh, in line with its constitutional commitment, guarantees equal protection of law, and it guarantees freedom of movement for all subject to law by creating a violence free society for women. To this end, several laws are in place to deal with rape related crimes which contains strict punishment including death penalty. Despite having specific legal regime, rape incidence has been increasing at an alarming rate in Bangladesh. In this context, this article aims to study gaps that persist in existing anti-rape laws in Bangladesh. Acknowledging the fact that there are many procedural and practical challenges in the area of anti-rape laws, this article studies the definitional dilemma of ‘rape’ and its limited scope leaving many other types of rape beyond the legal coverage remains a big concern to ensure access to justice for rape victims. To expand legal protection to victims, this article examines the normative gaps in existing definitions of rape, studies contemporary legal developments in this area in other subcontinent countries, and concludes with suggestion that major definitional reforms are necessary in rape laws in Bangladesh.

Legal Consequences of Difference in The Results of Two Visum Et Repertum in Proving Criminal Case in Indonesia Firmansyah, Muhammad; Simangunsong, Frans
Jurnal Hukum Magnum Opus Vol. 7 No. 1 (2024): Februari 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i1.9659

In criminal cases, visual evidence is used to reveal the cause and effect of a criminal act. If there are two different visual outcomes in Brigadier Joshua's case, then the question arises as to which choice of visum will be recognized as valid evidence by the judge in considering his decision. The formulation of the problem in this study is how the legal consequences of the difference in the results of two visum et repertum in the evidence system in Indonesia. This study aims to examine the legal consequences of the difference in the results of the two visum et repertum in proving criminal cases in Indonesia. This study used normative legal research. The approach used in this study is to use a statutory approach and a conceptual approach. The results of this study showed that the case of the visual results in Brigadier Josua had 2 different results. Therefore, the principle of Indonesian criminal procedural law, finding material truth is very important in proof in the criminal justice process. What is meant by "incriminalibus probantiones bedent esse luce clariores" is that evidence in a criminal case must be brighter than clear. There will be legal confusion in determining which law enforcement officials will be used as a benchmark in assessing valid evidence according to the rules of the Criminal Procedure Code if there are differences in the results of visum et repertum in a criminal case. The procedures outlined in the Instruction of the Chief of Police Number: INS/E/ 20/IX/75 concerning procedures for making visum et repertum and its revocation must be followed in making visum et repertum. To find out the cause and effect of a criminal act that occurs, as well as to collect information and seek the objective truth of a criminal act related to the relationship between the act and the consequences it causes.

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Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
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Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Syofyan Hadi

Contact Email syofyan@untag-sby.ac.id

Phone -

Journal Mail Official jurnalhls@untag-sby.ac.id

Editorial Address Jalan Semolowaru Nomor 45 Surabaya

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA