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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 116 Documents
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Reevaluating the Application of Contrarius Actus Principle in Land Case Resolution Maloko, Fahruddin; Alting, Husen; Rumkel, Nam
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.32775

Abstract

This research addresses the urgent national issue of land disputes in Indonesia, where legal certainty is paramount. The National Land Agency (BPN) has the authority to cancel land certificates it issues, based on the contrarius actus principle, but its application is inconsistent across different types of land cases. This leads to legal ambiguity and a lack of effectiveness, particularly when third parties are involved. The novelty of this study lies in its focused analysis of this specific inconsistency, highlighting how the BPN's reluctance to use its authority in certain disputes undermines legal certainty. The research's will be contrributed on the of proposed regulatory overhaul to strengthen the BPN's authority to cancel certificates without causing unintended legal consequences, thereby ensuring more effective and fair resolution of land cases.
Investigating Judge: A Potential Solution to Problems in Azerbaijani Criminal Justice Rauf H. Rustamov; Siyavush Baghirov
Nurani Hukum Vol 9, No 1 (2026): 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.v9i1.39106

Abstract

This article examines the proposed introduction of the institution of the investigating judge in Azerbaijan, addressing a notable gap in the existing literature concerning its functional integration within the current system of judicial review. While prior studies have explored the general role of investigating judges in comparative legal contexts, insufficient attention has been paid to how this institution would interact with Azerbaijan’s traditional model of judicial oversight and what structural tensions may arise from such coexistence. The study adopts a comparative legal methodology, combining doctrinal analysis of national legislation with a structured comparison of the legal frameworks of selected CIS and European states. Through this approach, the article evaluates the status, powers, and operational mechanisms of investigating judges, with particular focus on their role in safeguarding procedural legality, protecting fundamental rights and freedoms, and ensuring judicial control over pre-trial proceedings. Based on these findings, the article proposes a set of reforms aimed at ensuring the effective implementation of the investigating judge institution. These include the precise delineation of competences between investigative judges and other judicial bodies, the reinforcement of guarantees of judicial independence, the development of clear procedural standards to ensure impartial decision-making, and the introduction of flexible institutional mechanisms adapted to the Azerbaijani legal context. The study concludes that the successful integration of the investigating judge requires not only legislative amendments but also a conceptual rethinking of the existing system of judicial review. If implemented in a coherent and context-sensitive manner, the proposed reforms have the potential to enhance fair trial guarantees and contribute to the consolidation of the rule of law in Azerbaijan.
Analog Traditions, Digital Realities: Rethinking Personal Presence in Matrimonial Law Kasuba Róbert István
Nurani Hukum Vol 9, No 1 (2026): 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.v9i1.35984

Abstract

This article examines the legal-dogmatic role of personal presence in matrimonial law, with particular attention to Hungarian law and comparative European practice. Although personal presence has traditionally been understood as a basic formal requirement of marriage, the emergence of online marriage has made this assumption less self-evident. The existing literature has mostly treated personal presence as a historical and doctrinal guarantee, while less attention has been paid to how digital marriage practices affect its function and recognition in private international law. The article first traces the development of the in persona principle from Roman and canon law to modern Hungarian matrimonial law, where the joint personal presence of the spouses is not merely a condition of validity but a constitutive element of marriage itself. It then compares European approaches to in persona and per procura marriages, distinguishing between strict, exceptional and more permissive models. The study further argues that online marriage cannot be classified simply as either in persona or per procura but should be understood as a distinct form of digitally mediated simultaneous presence. By examining Ukrainian and Utah online marriage models, together with selected recognition practices in France, Germany, Israel and Lebanon, the article shows that digital marriage raises questions of legal certainty, public policy, free consent and cross-border recognition. Finally, it proposes a risk-based recognition framework for foreign online marriages in Hungarian law. The article’s main contribution is to reinterpret personal presence functionally and to offer a doctrinally grounded model that preserves traditional safeguards while responding to digitalization and international mobility.
Copyright and Artificial Intelligence Training: the Case of Getty Images v Stability AI and Implications for Vietnam’s Intellectual Property Law Pham Hong Nhung; Do Quang Duong; Nguyen Duc Anh
Nurani Hukum Vol 9, No 1 (2026): 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.v9i1.39473

Abstract

The use of copyrighted work as training data for artificial intelligence (AI) systems has invokes a legal debate regarding the boundaries of copyrights violation. By using doctrinal and comparative research methods, this article analyzes how this problem is handled in the United States of America (USA) through the case Getty Images v Stability AI and Vietnam to draw an example for Vietnam's developing Intellectual Property (IP) law. The research indicates that the USA issues surrounding training AI through copyrighted works are handled within the realm of fair use, which allows for flexible usage of copyrighted works, and fast adaptive use of copyright works, providing more technology and transformational uses. In contrast, Vietnam's new IP Laws are more reactive by attempting to provide AI training through the use of technology, but is vaguer in trying to provide actionable steps to technology and balancing within the system. By the fair use system and Vietnam’s closed model systems, this article contributes to ongoing law reform process by offering policy recommendations. Finally, this article aims to promote Vietnam’s developing IP framework, providing more certainty and balanced protection for copyright owners while fostering AI innovation.
Revitalization of Indonesia Incorporated: State-Owned Enterprise Superholding under ASEAN Economic Integration Zurria Sakinah; Sudaryat Sudaryat
Nurani Hukum Vol 9, No 1 (2026): 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.v9i1.37498

Abstract

The establishment of state-owned enterprise (SOE) superholdings represents Indonesia's effort to revitalize the Indonesia Incorporated concept by integrating state-owned assets under a more coordinated governance structure to enhance efficiency, competitiveness, and national economic performance. Despite significant institutional reforms, including the establishment of Danantara and sectoral SOE holdings such as MIND ID, the legal framework governing these entities continues to face challenges related to corporate governance, regulatory coherence, accountability, and institutional coordination. This study examines the legal foundations of Indonesia's SOE superholding model through a comparative analysis of regulatory frameworks in selected ASEAN countries, particularly Singapore's Temasek Holdings and Malaysia's Khazanah Nasional, to evaluate their relevance for supporting Indonesia's economic internationalization. Employing normative legal research with statutory, conceptual, and comparative approaches, the study analyzes legislation, corporate governance principles, and comparative institutional practices. Unlike previous studies that primarily assess SOE holdings from corporate governance or economic perspectives, this research develops a legal analysis of the Indonesia Incorporated concept within the broader context of ASEAN regulatory practices and international economic integration. The findings demonstrate that the effectiveness of Indonesia's SOE superholding model depends not only on institutional restructuring but also on strengthening regulatory certainty, governance mechanisms, accountability, and inter-agency coordination. The study proposes a legal framework for reinforcing Indonesia's SOE superholding governance by integrating ASEAN best practices with Indonesia's constitutional and corporate governance principles, thereby supporting sustainable economic internationalization while safeguarding public accountability.
Rohingya Refugee Crisis in Bangladesh: A Socio Legal Analysis Dewan Alif Ovi; Pronathi Ghosh
Nurani Hukum Vol 9, No 1 (2026): 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.v9i1.31296

Abstract

This study examines the legal and humanitarian challenges of the Rohingya refugee crisis in Bangladesh through the framework of International Refugee Law (IRL). While existing scholarship predominantly emphasizes humanitarian responses and geopolitical dynamics, this article advances a normative legal analysis of Bangladesh’s obligations under customary international law, notwithstanding its non-party status to the 1951 Refugee Convention and the 1967 Protocol. Employing qualitative doctrinal and policy analysis, the study evaluates Bangladesh’s domestic regulatory framework concerning refugee recognition, repatriation, and access to education, healthcare, and employment. The findings reveal a persistent statutory and administrative legal vacuum in refugee governance, resulting in fragmented protection and reliance on ad hoc humanitarian measures. The article’s principal contribution lies in demonstrating that the principle of non-refoulement and related customary norms impose binding legal obligations beyond treaty commitments, thereby challenging the assumption that non-signatory states bear merely moral responsibilities. By linking legal indeterminacy to structural deficiencies in humanitarian governance, the study proposes a rights-based framework for refugee protection applicable to non-signatory host states. It concludes by advocating strengthened international cooperation and normative harmonization to ensure durable, legitimate, and rights-compliant solutions for Rohingya refugees in Bangladesh and comparable contexts.

Page 12 of 12 | Total Record : 116

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