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Wahyu Abdul Jafar
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Nusantara: Journal Of Law Studies
Published by PT. Islamic Research Publisher
ISSN : -     EISSN : 29643384     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Nusantara: Journal Of Law Studies is a double-blind peer-reviewed journal published by Islamic Research Publisher, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Law Studies (Aim and Scope). The articles of this journal are published tri-annually; March, July, and Desember. Aim and Scope Aim: Nusantara: Journal of Law Studies emphasize the concept and research papers on Law Studies, In particular, papers which consider the following general topics are invited but limited to Law Studies Scope: This Journal specializes in studying the theory and practice of Law, and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Law Studies Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 135 Documents
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Legal Challenges to the Implementation of Meritocracy in Organizational Governance Dimas Ferry Anuraga; Suparto Wijoyo; Juansih; Deshinta Arrova Dewi
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.265

Abstract

Meritocracy is widely regarded as a fundamental principle of organizational governance because it promotes fairness, transparency, and competence in recruitment, promotion, and leadership selection. However, its implementation remains legally complex because merit-based systems must be reconciled with equality principles, labor rights, affirmative action, constitutional provisions, and institutional accountability. This study addresses the problem of fragmented understanding of the legal challenges surrounding meritocratic governance across different organizational and regulatory contexts. It asks: What are the principal legal challenges in implementing merit-based recruitment, promotion, and leadership selection across institutional and jurisdictional contexts? The study employs qualitative documentary analysis of legal, regulatory, institutional, and scholarly sources addressing meritocratic recruitment, promotion, and leadership selection across diverse governance contexts. The findings identify five interconnected challenges: balancing merit with equality and anti-discrimination requirements; reconciling meritocracy with affirmative action; ensuring transparency and accountability in personnel decisions; limiting political and institutional interference; and addressing legal risks associated with artificial intelligence in recruitment and personnel assessment. The synthesis further demonstrates that meritocracy is not a legally neutral or universally applicable principle, but is shaped by the interaction between merit criteria, equality obligations, institutional structures, and jurisdiction-specific regulations. Academically, this study contributes an integrative legal-governance perspective that conceptualizes meritocracy as a conditional institutional principle, providing a foundation for comparative research and the development of legally responsive merit-based governance systems.
The Prophetic Paradigm as a Legal Adaptive Strategy for Agricultural Extension Workers to Protect Food Agricultural Land in Singkawang City Yuko Fitrian; Khudzaifah Dimyati; Absori; Arief Budiono; Said Saidakhrarovich Gulyamov
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.298

Abstract

This study addresses the gap between the normative objectives of Indonesia’s Sustainable Food Agricultural Land Protection Law and its implementation in practice, particularly in urbanizing areas such as Singkawang City, West Kalimantan. It examines how adaptive, non-formal implementation strategies can bridge this gap by placing farmer welfare at the center of policy implementation and using the Prophetic Social Science paradigm as an analytical lens. Accordingly, the study asks how an adaptive approach to socializing sustainable food crop land protection policies, grounded in farmer welfare and prophetic values, can reconcile formal regulations with the social realities of farming communities in Singkawang City. The study employs a qualitative case study approach, with data collected through interviews, observations, and document analysis. The data are analyzed using the street-level bureaucracy framework alongside three core prophetic values: humanization, liberation, and transcendence. The findings indicate that a formal, predominantly procedural approach is insufficient, as local governments operate under significant structural and institutional constraints. Instead, implementation becomes more effective through adaptive strategies developed by Field Agricultural Extension Workers. These strategies involve building social capital and trust through a humanistic approach and by providing concrete incentives that directly address farmers’ needs. Such practices reflect the prophetic value of liberation, helping farmers navigate and reduce the structural pressures that might otherwise undermine policy implementation. Academically, this study contributes to the street-level bureaucracy literature by demonstrating that non-formal and adaptive approaches inspired by prophetic values can enable street-level bureaucrats to translate state policies into meaningful social practices. It further shows that such approaches can strengthen government legitimacy by ensuring that policy implementation remains responsive to the lived realities and welfare needs of local communities.
Reformulating Rechterlijk Pardon in the Criminal Procedure Code: A Comparative Study with the Dutch Criminal Justice System Khaoeirun Nissa; Heni Siswanto; Ahmad Irzal Fardiansyah; Erna Dewi; Zulkarnain Ridlwan; Denys Illiashchuk
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.351

Abstract

The enactment of Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) introduces the concept of rechterlijk pardon as a progressive mechanism that enables judges to refrain from imposing criminal sanctions based on humanitarian and justice considerations. However, despite its substantive recognition, the absence of corresponding procedural provisions in the Indonesian Criminal Procedure Code (KUHAP) has created a normative gap that threatens legal certainty, judicial accountability, and consistency in criminal adjudication. This study addresses three research questions: (1) how rechterlijk pardon is currently positioned within the Indonesian criminal justice system; (2) how the concept is regulated and implemented in the Dutch criminal justice system; and (3) what procedural model should be adopted to reformulate rechterlijk pardon within the Indonesian Criminal Procedure Code. Using a normative juridical approach combined with a qualitative comparative method, this research analyses statutory provisions, legal doctrines, scholarly literature, and comparative materials, particularly Article 9a of the Dutch Wetboek van Strafrecht. The findings show that Indonesia has recognised rechterlijk pardon as a progressive instrument for achieving substantive justice, humanity, and proportionality in sentencing; however, its implementation remains vulnerable to legal uncertainty, inconsistent judicial practice, and potential abuse of discretion due to the absence of procedural safeguards. The Dutch model demonstrates that judicial pardon can operate effectively when supported by clear criteria, written judicial reasoning, oversight mechanisms, and accountability standards. This study contributes academically by proposing a contextual reformulation of rechterlijk pardon within the KUHAP, emphasising clear eligibility criteria, mandatory reasoned decisions, monitoring and reporting mechanisms, restorative justice, and Pancasila as the philosophical foundation of Indonesian criminal procedure reform.
Criminal Liability Following Corporate Mergers: A Comparative Analysis of Arab Legal Systems, French Law, and Common Law Muna Muneer Mohammed Ali Al Shuriedeh; Abdelhamid Akhrif
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.376

Abstract

Corporate mergers constitute a significant mechanism of economic restructuring, yet they raise complex questions concerning the continuity of criminal liability when an offending corporation is dissolved, absorbed, or transformed into a new legal entity. Although existing scholarship has extensively examined corporate criminal liability and merger regulation, limited comparative attention has been devoted to determining whether criminal responsibility survives corporate transformation, particularly across Arab, French, and common law jurisdictions. This study examines how selected legal systems regulate the continuity, transfer, or extinction of corporate criminal liability following mergers and identifies the legal principles that prevent corporate restructuring from becoming a means of evading accountability. The study employs a qualitative methodology combining doctrinal, comparative, and institutional legal analysis of legislation, judicial decisions, and regulatory practices in Jordan, Egypt, Morocco, France, the United Kingdom, and the United States. The analysis focuses on four dimensions: the legal effects of mergers on corporate personality; statutory rules governing successor liability; the relevance of economic and organizational continuity in attributing criminal responsibility; and judicial or regulatory mechanisms designed to prevent liability avoidance. The findings demonstrate that the examined jurisdictions cannot be adequately categorized within a simple formalistic–functional dichotomy. The legal frameworks of Jordan, Egypt, and Morocco remain comparatively more dependent on the continuity or termination of the predecessor corporation’s legal personality. By contrast, French and common law jurisdictions demonstrate more flexible approaches that combine statutory provisions, judicial doctrines, economic continuity, and successor liability principles. The study contributes to comparative corporate criminal law by proposing a hybrid accountability model that recognizes functional continuity in mergers and strengthens criminal liability despite changes in legal personality.
Beyond Corporate Separateness: Parent Company Liability for Foreign Subsidiaries’ Employment Obligations under Conflict-of-Laws Rules Ghazi Ayed Alghathian; Ali Alhag Ali Mohammed; Mohammad Saleh Alqudah; Talal Alroud; Sami Mohammad Al-Kharabsheh
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.391

Abstract

The expansion of multinational corporations and the increasing cross-border mobility of workers have intensified legal uncertainty concerning employment obligations within corporate groups. A particularly complex issue arises when employees formally employed by foreign subsidiaries seek to hold parent companies liable for employment-related obligations, thereby challenging the traditional doctrine of separate corporate personality. This study examines the circumstances under which a parent company may be held liable for employment obligations arising from contracts concluded with foreign subsidiaries and how such liability should be determined under conflict-of-laws rules. The study employs descriptive, analytical, and comparative legal methods, examining legislation, judicial decisions, and scholarly literature from Jordan, Egypt, France, and the European Union, with particular reference to the Rome I Regulation. The analysis focuses on party autonomy, the employee’s habitual place of work, the place of business through which the employee was engaged, the closest connection, and the location of the parent company’s central administration as relevant connecting factors. It further examines effective control, legal subordination, corporate separateness, and the protective function of labour law in determining the actual employer and allocating responsibility within multinational corporate structures. The findings demonstrate that relying exclusively on the parent company’s central administration as the principal connecting factor may produce outcomes that privilege corporate interests while inadequately protecting employees’ legitimate expectations and the realities of their employment relationships. The study therefore proposes a protective conflict-of-laws framework for Jordan that combines limited party autonomy, the habitual place of work as the primary connecting factor, a closest-connection exception, overriding mandatory labour protections, and parent-company liability where effective control over material employment decisions can be established. The study contributes to comparative private international law by reconceptualizing parent-company liability beyond formal corporate separateness and developing a worker-oriented framework for resolving cross-border employment disputes within multinational corporate groups.

Page 14 of 14 | Total Record : 135

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