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Nurani Hukum : Jurnal Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 26557169     EISSN : 26560801     DOI : http://dx.doi.org/10.51825/nhk
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. Nurani Hukum: Jurnal Ilmu Hukum is published by Faculty of Law, University of Sultan Ageng Tirtayasa in Collaboration with Pusat Kajian Konstitusi Perundang-Undangan dan Pemerintahan (PKKPUP). periodically published in December and June and the approved and ready to publish in the website and hardcopy version will be circulated at every period. Therefore, all articles published by Nurani Hukum: Jurnal Ilmu Hukum will have unique DOI number. In 2021, the Nurani Hukum requires English as its main language, and therefore accepts journals only in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks" : 5 Documents clear
Marriage at the Foot of the Great Wall, in the Land of the Rising Sun and on the Banks of the Ganges – Chinese, Japanese and Hindu Marriages István, Kasuba Róbert
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.28948

Abstract

This research explores the legal systems of China, Japan, and India, focusing on their transition from customary to codified law, shaped by European colonialism and Christian missionary activity. Specifically, it examines how matrimonial law in these countries remains primarily governed by common law rather than codified statutes. The study emphasizes the role of customary religious law, analyzing its ongoing influence despite the adoption of codified legal frameworks. Using a comparative method, the research traces how the legal systems of China and Japan evolved similarly, influenced by German and French legal traditions, while India's system reflects the impact of British colonialism and English common law. This analysis contributes to understanding the intersection of civil marriage, religious rights, and legal traditions, providing insights into the enduring relevance of customary and religious practices in modern legal systems. The findings are crucial for further exploring the potential introduction of optional civil marriage in these countries.
Revolutionizing Credit Dispute Resolution: Balancing Creditors and Debtors Interests for Greater Efficiency Jeremia, Mario Ihutan; Sukarmi, Sukarmi; Sihabudin, Sihabudin; Santoso, Budi
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.30921

Abstract

Non-performing loans (NPLs) strain creditor-debtor relationships, jeopardizing economic stability. Traditional dispute resolution methods are costly, time-consuming, and often fail to meet the needs of both parties. This paper introduces a novel, efficiency-based approach to NPL dispute resolution, grounded in economic analysis of law. By optimizing resource allocation, it minimizes transaction costs and resolution time, benefiting both creditors and debtors. Using a qualitative and normative methodology, the study explores the application of efficiency principles in Indonesia. The findings highlight that an efficient dispute resolution paradigm can enhance outcomes, foster trust in the banking system, and provide economic benefits. The paper advocates for legal reforms to promote mediation and arbitration, ensuring faster, cost-effective, and sustainable solutions to NPL disputes.
The Interrelation Between Military Discipline Infraction and Military Criminal Charge in Indonesia Amalia, Regita Wienda; Anditya, Ariesta Wibisono
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.33048

Abstract

Violations of the Military Discipline Law that culminate in a disciplinary tribunal’s decision possess only minimal binding force. In other words, the tribunal’s ruling merely serves as a recommendation to the superior vested with punitive authority (atasan yang berhak menghukum, abbreviated as Ankum). If it subsequently emerges that an incident threatens the integrity of a military unit, the Ankum is entitled to invoke a higher level of legal authority by referring the matter to a military criminal court. In narcotics cases committed by military personnel that are initially deemed disciplinary infractions, the Ankum may subsequently refer the matter to the Military Police (Polisi Militer, legally abbreviated as POM) for further military criminal proceedings. This study constitutes doctrinal legal research supported by data drawn from the literature. To address the research questions, a legal-literature-review approach was adopted. The findings indicate that violations of Indonesian military disciplinary law may escalate into military criminal offenses through the decision-making process of the Ankum.
Deconstructing Insolvency: Challenging Inequities in Legal Protection Husendro, Husendro
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.33364

Abstract

Indonesia's Bankruptcy Law (Law No. 37 of 2004) suffers from a rigid framework, often failing to provide balanced protection for creditors and debtors by neglecting the realities of business distress. This creates an urgent need for insolvency principles to help debtors avoid bankruptcy. The current system frequently leads to conflicts of norms when compared to the internationally recognized reorganization and rehabilitation frameworks of Chapters 11, 12, and 13 of the US Bankruptcy Code. This research addresses this disparity, offering a novel normative juridical analysis of primary and secondary legal data using quantitative methods. Our findings underscore the critical importance of adopting reorganization (restructuring and rehabilitation) mechanisms, mirroring the debtor-centric approach of the US Bankruptcy Code. Unlike the current asset-focused Indonesian law, rehabilitation under these international guidelines assesses a debtor's future income potential, offering a more equitable path to debt resolution and business recovery. This study contributes significantly by advocating for a reform of Indonesian bankruptcy law, proposing a shift towards a more flexible and balanced insolvency regime that prioritizes rehabilitation and economic revitalization over immediate liquidation.
Legal Certainty or Symbolic Gesture? A Political Reappraisal of Indonesia Health Practitioner Laksono, Stepanus Agung; Fakih, M; Putri, Ria Wierma
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.32591

Abstract

The cessation of healthcare services has traditionally required informed consent from the patient or their legal representative. However, with the enactment of Article 273 paragraph (2) of Law No. 17 of 2023 on Health, Indonesian medical personnel are now permitted to halt services unilaterally when faced with acts of violence, harassment, or degrading treatment. While this provision affirms the importance of healthcare worker safety, it also creates legal and ethical dilemmas, particularly regarding the limits of professional duty and the risk of being accused of negligence. The legal ambiguity surrounding the implementation of Article 273 further complicates the responsibilities of healthcare providers and the protection mechanisms available to them. In response to these challenges, this study addresses three main objectives: (1) to examine the scope of legal protection afforded to medical personnel who terminate healthcare services under Article 273, (2) to analyze the ethical and legal responsibilities that arise from such actions, and (3) to assess the political and institutional context that shaped the article’s development, as well as the practical barriers to its enforcement. By combining doctrinal legal analysis with a legal-political perspective, this research contributes to a more comprehensive understanding of how law, policy, and ethics intersect in regulating healthcare delivery in conflict-prone settings.

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