cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Novianita Rulandari
Contact Email
journal@idscipub.com
Phone
+6285218596868
Journal Mail Official
journal@idscipub.com
Editorial Address
Gondangdia Lama Building 25, RP. Soeroso Street No.25, Jakarta, Indonesia, 10330
Location
Kota adm. jakarta pusat,
Dki jakarta
INDONESIA
Legalis : Journal of Law Review
Published by PT Penerbit Ilmiah Indonesia
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 4 (2024): October 2024" : 5 Documents clear
The New Frontiers of Medical Malpractice: Legal Challenges in the Age of Artificial Intelligence and Telemedicine Zein, Rosnalisa; Kusnawirawan, Iwan; Hernayati; Mottershead, Richard; Subu, Muhammad Arsyad; Waluyo, Imam
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.363

Abstract

The healthcare landscape has transformed significantly in recent decades, propelled by technological advancements and evolving treatment methodologies. This evolution has improved patient care and introduced complexities in medical malpractice. This research aimed to explore the evolving landscape of medical malpractice in light of technological advancements such as artificial intelligence (AI) and telemedicine. Specifically, the study aims to analyze the gap between traditional legal standards of medical malpractice and the practical realities healthcare providers face in a rapidly changing environment. The gap is most evident when applying static legal definitions to an ever-changing healthcare environment.  This study employs a qualitative research method using a systematic literature review (SLR) to analyze the relationship between legal frameworks and technological developments influencing medical malpractice claims over the past five years (2018-2023).  This study found a pressing need for legal reforms to accommodate emerging technologies such as telemedicine and artificial intelligence (AI), which challenge conventional definitions of liability and standards of care. The study emphasizes the importance of adapting legal frameworks to ensure patient safety while protecting healthcare providers from undue liability. This study highlights medical malpractice law's dynamic and evolving nature in response to technological advancements and changing healthcare practices. Staying informed about these evolving legal standards is essential for healthcare providers' risk management and compliance. Policymakers must prioritize the development of supportive legal frameworks that protect patient rights while providing healthcare providers with the clarity needed to navigate this complex landscape effectively.
The Role of Institutions and Culture in Shaping Law and Morality Vebritha, Silvy
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.790

Abstract

This narrative review explores the dynamic interplay between legal positivism and natural law within contemporary legal systems, emphasizing their convergence in contexts of legal pluralism. The study aims to analyze how law and morality intersect and influence regulatory effectiveness across various jurisdictions. Drawing from academic databases including JSTOR, Scopus, and Web of Science, the review applies qualitative content analysis of peer-reviewed literature, focusing on legal frameworks, institutional roles, and sociocultural factors. Findings indicate significant regional differences in how legal systems balance statutory authority with ethical norms. European Union nations often implement value-driven regulations grounded in human rights and democratic accountability, while authoritarian regimes and postcolonial states face challenges due to institutional fragility and legal dualism. Institutions play a critical role in norm-setting and public trust, with successful cases demonstrating that moral legitimacy enhances legal compliance. Sociocultural factors further mediate the public’s response to laws, revealing tensions where formal law diverges from local values. Interventions such as EU compliance mechanisms and participatory justice reforms show promise in bridging the law-morality divide. The review underscores the urgency for systemic reform, advocating inclusive policy frameworks that integrate moral reasoning and community-based legal practices. These insights offer a roadmap for future research and policy interventions aimed at creating more just, culturally responsive legal systems.
Bridging Law and Practice in Natural Resource Governance: A Narrative Review Hermansyah
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.806

Abstract

Legal frameworks for natural resource governance play a critical role in determining equitable access, sustainable use, and environmental protection. This study aims to synthesize current research on legal structures governing natural resources, with a particular focus on marginalized communities in developing countries. A narrative review approach was employed, utilizing scholarly databases such as Scopus and Google Scholar. Boolean keyword combinations including "legal framework," "natural resource governance," and "sustainability" guided the literature search, while inclusion and exclusion criteria ensured relevance and rigor. Findings show that legal systems vary widely across jurisdictions, yet common patterns emerge: insufficient public participation, weak enforcement, and fragmented regulations often limit the effectiveness of natural resource laws. Case studies from Brazil, Bangladesh, Ghana, and Thailand illustrate the disconnect between policy intent and implementation, especially in protecting the rights of indigenous and local communities. Moreover, legal ambiguity and institutional weaknesses contribute to conflict over land and water resources. Discussion reveals that systemic issues—corruption, limited institutional capacity, and political inertia—continue to undermine the legal empowerment of marginalized stakeholders. To address these challenges, the review suggests policy reforms emphasizing participatory governance, community-based resource management, and integration of local knowledge. Ultimately, bridging the gap between theory and practice in legal resource governance requires both international cooperation and local legal innovation to achieve sustainability and justice.
Constitutional Review and Minority Rights: Aligning Domestic Courts with International Norms Syaefudin, Rochmat Ali
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.1120

Abstract

The protection of minority rights is central to democratic governance and international human rights law. This article examines how constitutional review mechanisms interact with international normative frameworks to shape outcomes for ethnic, religious, and linguistic minorities in democratic states. Drawing on the International Covenant on Civil and Political Rights (ICCPR), the UN Declaration on Minorities, and the Council of Europe Framework Convention, the study outlines the legal obligations imposed on states. Through a comparative doctrinal and institutional analysis of Germany, India, South Africa, the United States, and the European Court of Human Rights, it evaluates the effectiveness of different constitutional review models. Data from the Comparative Constitutions Project and landmark case law illustrate the significance of institutional design particularly centralized review and individual complaint mechanisms in enabling courts to enforce minority protections. The discussion highlights the importance of institutional strength, alignment with international norms, resistance to political interference, and transjudicial dialogue in sustaining robust protections. The article concludes that judicial effectiveness in minority rights adjudication hinges on coherent legal frameworks, empowered institutions, and principled jurisprudence that resonates with international human rights standards.
Digital Contracts and Jurisdiction in Global E-Commerce: Legal Standards, Clause Validity, and Enforcement Across Borders Supangat, Ajis; Nasution, Emmi Rahmiwita; Sara, Rineke
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.1124

Abstract

The exponential rise of cross-border e-commerce has presented critical legal challenges regarding jurisdiction, applicable law, and enforcement of consumer disputes. This article aims to provide a comparative and doctrinal analysis of how different jurisdictions primarily the European Union, United States, ASEAN, and Indonesia approach these challenges through domestic legislation, regional instruments, and global conventions. The research employs doctrinal comparative legal methods, analyzing legal instruments such as the Brussels I Recast, Rome I and II Regulations, the Hague Conventions (2005 and 2019), and the New York Convention. Key case law including Pammer, Emrek, Schrems, and Nguyen is examined to highlight judicial interpretations. The analysis includes ASEAN’s regional cooperation frameworks and Indonesia’s regulatory evolution. The results show significant divergence in jurisdictional tests (e.g., the EU’s targeting test vs. the US’s contractual autonomy), clause validity standards (clickwrap vs. browsewrap), and enforcement mechanisms. While the EU offers a structured consumer protection regime, the US emphasizes freedom of contract. ASEAN's soft-law frameworks and Indonesia’s domestic regulations show promise but face implementation and enforcement challenges. The Hague Judgments Convention remains underutilized, while arbitration via the New York Convention proves more reliable for cross-border enforcement. The study concludes that despite substantial progress in developing international legal tools, their effectiveness is undermined by fragmented implementation and regulatory divergence. Harmonization efforts must prioritize enforceable assent standards, broader ratification of international conventions, and capacity-building within national systems particularly in emerging economies.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2026): January 2026 Vol. 3 No. 4 (2025): October 2025 Vol. 3 No. 3 (2025): July 2025 Vol. 3 No. 2 (2025): April 2025 Vol. 3 No. 1 (2025): January 2025 Vol. 2 No. 4 (2024): October 2024 Vol. 2 No. 3 (2024): July 2024 Vol. 2 No. 2 (2024): April 2024 Vol. 2 No. 1 (2024): January 2024 Vol. 1 No. 1 (2023): October 2023