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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 47 Documents
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Applying XBRL, RegTech, and DLT to Strengthen Shareholders’ Rights in Uzbekistan Habibullaev, Asliddin
Legalis : Journal of Law Review Vol. 3 No. 2 (2025): April 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i1.672

Abstract

Despite the rapid digital transformation taking place in Uzbekistan, the application of XBRL, RegTech, and DLT to the exercising of property and corporate shareholder rights has not yet been studied. Technologies such as XBRL, RegTech, and DLT offer potential to improve shareholders’ rights protection through process automation. This study explores how each of the above digital technologies can provide access to information, fulfil regulatory requirements and facilitate the transfer of ownership of shares. In this scientific article the following methods were used: legal-dogmatic and comparative-legal analysis, qualitative and quantitative analysis, analysis of positive and negative impact, as well as synthesis of results. The study found that: 1) with the help of XBRL, shareholders would have quick access to the information of the joint-stock company, which would help exercise the right to information; 2) with the help of RegTech, shareholders could timely stop wrongful related-party transactions and large transactions; 3) with the help of DLT, shareholders could quickly, transparently, and reliably realize the shares belonging to them. The results of the research show how the regulator of Uzbekistan can apply XBRL, RegTech, and DLT to the activities of joint-stock companies. The conclusion indicates that XBRL, RegTech, and DLT can be applied to the exercise of shareholders’ property and corporate rights, and proposals are given for the phased implementation of these digital technologies in a test mode.
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.
Regulatory Responses to Platform Dominance: Insights from Global Digital Markets Vebritha, Silvy
Legalis : Journal of Law Review Vol. 3 No. 3 (2025): July 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i3.811

Abstract

This study reviews global regulatory responses to platform dominance in digital markets. It examines the interplay between competition law and data protection, focusing on ex-ante approaches such as the EU Digital Markets Act. Using a narrative review of peer-reviewed literature, the findings show that preventive frameworks are more effective than traditional ex-post models in curbing anti-competitive practices. Evidence highlights systemic risks from data asymmetry and algorithmic manipulation, particularly in developing countries with limited enforcement capacity. The review underscores the need for coherent policies that balance innovation, fairness, and user rights, recommending further research on algorithmic accountability, harmonized governance, and the socioeconomic impacts of digital regulation.
Digital Constitutionalism and the Future of Human Rights: A Comparative Review Teravosa, Gillan; Nagari, Sulthon Bangun
Legalis : Journal of Law Review Vol. 3 No. 1 (2025): January 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i1.791

Abstract

This study presents a comprehensive narrative review of the evolving relationship between constitutionalism and the protection of human rights in various global contexts. The primary aim is to explore how constitutional frameworks adapt to contemporary challenges and uphold human rights amid increasing political complexity and technological transformation. A rigorous literature search was conducted using databases such as Scopus, Web of Science, and Google Scholar with keywords including "constitutionalism," "human rights evolution," "rule of law," "limited government," and "comparative constitutional law." The review synthesized findings from comparative legal studies, case law analysis, and theoretical literature. The results indicate a growing reliance on constitutional courts to safeguard fundamental rights, especially in jurisdictions like Germany, Poland, and Colombia. However, systemic barriers such as weak institutions and political interference continue to challenge effective constitutional implementation. Regional differences further complicate the picture, with the EU promoting supranational human rights standards, while Latin America advances progressive constitutional reforms, and parts of the Islamic world grapple with integrating Sharia principles. The emergence of digital constitutionalism adds a new dimension to this discourse, calling for regulatory frameworks that protect digital rights. Civil society’s role is increasingly significant in shaping these legal evolutions. In conclusion, reinforcing judicial independence, integrating global legal norms, and fostering public awareness are critical to strengthening constitutionalism. Future research should prioritize the impact of digital governance and transnational jurisprudence on human rights.
Revisiting Criminal Justice: From Retribution to Restoration in a Technological Era Hermansyah
Legalis : Journal of Law Review Vol. 3 No. 2 (2025): April 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i2.792

Abstract

This narrative review explores contemporary challenges and reform trends in comparative criminal justice systems, emphasizing the interaction between retributive and restorative approaches and the integration of digital technologies such as artificial intelligence (AI). The study aimed to identify effective reform strategies and the systemic factors influencing their success. A comprehensive literature search was conducted across Scopus, Google Scholar, and other academic databases using Boolean operators to locate studies published in the last ten years, with inclusion criteria focusing on relevance, methodology, and language. Selected studies included qualitative, quantitative, and mixed-method research examining judicial systems in civil and common law countries. Results reveal that reform efforts are significantly shaped by institutional transparency, civic engagement, and corruption control. Countries like Rwanda and Germany demonstrated progress through inclusive reforms, whereas developing nations such as Indonesia face obstacles due to institutional limitations. Retributive models, particularly in the United States, contribute to high recidivism and neglect victims' needs. In contrast, restorative practices in Canada and New Zealand show enhanced outcomes in offender rehabilitation and victim satisfaction. Moreover, the use of AI in judicial systems, while improving efficiency, raises ethical concerns regarding algorithmic fairness and data governance. The findings highlight the urgent need for balanced policy frameworks that promote restorative justice, community engagement, and ethical integration of technology. Future research should examine adaptive models of justice reform suited to varying socio-political environments to enhance justice delivery globally.
Legal Innovations and Barriers in Climate Change Litigation: A Global Narrative Review Hermansyah
Legalis : Journal of Law Review Vol. 3 No. 4 (2025): October 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i4.794

Abstract

This narrative review explores the evolving landscape of climate change litigation and its intersection with environmental justice. The study aims to analyze legal innovations, structural barriers, and community participation in global climate litigation, with a particular focus on the integration of human rights frameworks. Literature was retrieved from Scopus, Web of Science, Google Scholar, JSTOR, and HeinOnline using targeted keywords and Boolean combinations. Inclusion criteria focused on peer-reviewed studies and legal analyses discussing litigation, human rights, and environmental justice.Findings reveal a significant rise in legal innovations, including the judicial recognition of environmental rights and the application of intergenerational equity. Human rights-based litigation has influenced courts to mandate stronger climate action, especially in Europe and Latin America. However, substantial structural and institutional barriers remain, such as procedural limitations and weak institutional capacity, particularly in developing countries. Civic engagement and community-generated evidence emerged as key drivers in legitimizing claims and shaping litigation outcomes. Comparative analysis illustrates that while developed nations benefit from robust legal systems, emerging innovations in Africa and Latin America also contribute to transformative environmental governance. The study concludes that climate litigation serves as a critical tool for enforcing environmental accountability. It calls for systemic reforms to strengthen access to justice, integrate legal outcomes into policymaking, and expand participatory legal frameworks. Further research should assess the durability of legal precedents and the broader socio-political impacts of litigation.
Land Tenure and Legal Pluralism in Africa and Asia: Gender, Reform, and Recognition Sutikno, Aldilla Yulia Wielys
Legalis : Journal of Law Review Vol. 2 No. 1 (2024): January 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i1.795

Abstract

This narrative review examines the interplay between customary land rights and statutory legal frameworks within plural legal systems, with a focus on land tenure security in sub-Saharan Africa and Southeast Asia. The objective is to assess how pluralism in land law affects the recognition and protection of customary land rights, particularly among marginalized communities. A systematic literature search was conducted using databases such as Scopus, Google Scholar, and PubMed. Keywords including "tenure security," "customary land rights," "land reform," "legal pluralism," and "community participation" guided the review. Inclusion criteria focused on empirical studies addressing policy impacts, gender dynamics, and community-based land governance. The results reveal that customary law plays a crucial role in ensuring tenure security, especially where formal systems are weak or exclusionary. In Ghana and Tanzania, customary tenure supports collective land stewardship and sustains agricultural livelihoods. However, legal ambiguities and inconsistent state recognition often render these systems vulnerable. Gender disparities remain pronounced, with women frequently excluded from land decision-making despite reform initiatives. Comparative insights from Kenya and Uganda underscore the challenges of harmonizing plural systems without undermining local autonomy. The discussion highlights the need for inclusive legal reforms, participatory documentation mechanisms, and targeted interventions to empower underrepresented stakeholders. The findings emphasize that integrating customary law into statutory systems and strengthening community roles in land governance are essential for achieving equitable, secure, and sustainable land rights. Future research should evaluate the effectiveness of such integrative frameworks across jurisdictions and explore models that reconcile legal diversity with development goals.
Transitional Justice and Sustainable Peace: Comparative Insights and Policy Implications Hermansyah
Legalis : Journal of Law Review Vol. 3 No. 4 (2025): October 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i4.796

Abstract

Transitional justice plays a pivotal role in restoring peace and accountability in societies emerging from conflict. This narrative review explores the mechanisms employed across various post-conflict settings, aiming to understand their effectiveness and contextual relevance. Using systematic literature search methods across databases such as Scopus, Web of Science, and Google Scholar, the review analyzed peer-reviewed articles, research reports, and gray literature published within the last decade. Boolean search strategies and specific inclusion criteria were applied to identify studies focused on formal legal structures, community-based practices, gendered experiences, economic reparations, environmental considerations, and cross-national comparisons. The findings reveal that while international tribunals contribute to legal precedent, their detachment from local realities often limits community impact. Truth and Reconciliation Commissions (TRCs) have helped articulate historical grievances, but their effectiveness depends heavily on political will and institutional support. Informal mechanisms rooted in local culture offer promising pathways for healing and legitimacy, especially when integrated with civil society participation. Gender-sensitive approaches enhance justice outcomes by addressing violence against women and ensuring female representation. Furthermore, economic and environmental justice are increasingly recognized as integral to sustainable post-conflict recovery. Comparative cases from Timor Leste, Guatemala, and Bosnia highlight the importance of local engagement and context-specific adaptation of global frameworks. This study emphasizes the urgency of systemic reforms, inclusive policy-making, and long-term investments in justice mechanisms. It advocates for further research to overcome methodological challenges and supports multi-level strategies that center on community empowerment and resilience.
International Humanitarian Law under Pressure: Legal Responses to 21st Century Armed Conflicts Hermansyah
Legalis : Journal of Law Review Vol. 2 No. 1 (2024): January 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i1.805

Abstract

This narrative review explores the evolution of International Humanitarian Law (IHL) in the context of contemporary armed conflicts, focusing on five key areas: technological innovation, gender-based protection, humanitarian intervention, urban warfare, and non-state actors. The study begins by framing the urgency to reevaluate IHL as conflicts become increasingly complex due to technological advancement and hybrid threats. The literature was collected from databases such as Scopus and Google Scholar using specific keywords including "autonomous weapons," "urban warfare regulations," and "non-state actors in armed conflict." Peer-reviewed articles published from 2000 onwards formed the basis of the analysis. The results reveal multiple gaps between existing legal frameworks and the realities on the ground. Technological developments such as drones and AI challenge core principles of distinction and proportionality. Gender-focused instruments like CEDAW and UNSC Resolution 1325 have enhanced protections but suffer from inconsistent implementation. The Responsibility to Protect (R2P) doctrine introduces ethical and legal tensions regarding sovereignty, with mixed success in cases like Libya and Rwanda. Urban warfare and sieges demonstrate IHL's difficulty in regulating densely populated battlegrounds. Non-state actors complicate legal accountability due to their diverse structures and cross-border operations. The discussion emphasizes the role of systemic legal constraints and advocates for reforms that reflect current military practices. This review concludes that advancing legal adaptability, international cooperation, and contextualized policy interventions is vital to ensure effective civilian protection and uphold humanitarian norms in modern warfare.
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.

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