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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 45 Documents
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Grave Risk and the Right to Return: A Comparative Study of Judicial Responses to International Child Abduction 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.v3i2.1127

Abstract

This article analyzes the application of the grave risk exception under Article 13(1)(b) of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, comparing approaches in the United States, the European Union, and the Hague Conference on Private International Law (HCCH). With international child abduction cases increasing by about 35% over the past two decades (HCCH, 2021), courts face growing tension between ensuring the prompt return of children and safeguarding their welfare. The study employs a comparative doctrinal and case study methodology, examining legal texts, jurisprudence, and soft-law instruments such as the HCCH Guide to Good Practice, complemented by empirical data from the HCCH Statistical Study (2021) and regional reports. Findings reveal marked divergence across jurisdictions. U.S. courts apply a high evidentiary threshold and defer to trial-level findings, prioritizing return obligations. EU courts, guided by Brussels II bis, integrate structured timelines and protective measures to mitigate potential harm. The HCCH, through soft-law harmonization, encourages consistent interpretation, though implementation remains uneven. Protective tools—such as mirror orders and supervised contact—are most effective when supported by enforceable judicial mechanisms. The article concludes that achieving consistency in grave risk assessments requires legal harmonization, judicial education, and stronger cross-border enforcement frameworks. Policy recommendations include standardized evaluation protocols, enhanced training for judges, and international cooperation to align legal practices with the child’s best interests.
Legal Harmonization for Energy Transitions: Embedding SDG 7 and Paris Agreement Norms in National Renewable Energy Law Supangat, Ajis; Tridianto, Ari; Parwati, Anak Agung Dewi Intan; Simanungkalit, Robert L.; Saputra , Dedi
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.v3i1.1128

Abstract

Achieving Sustainable Development Goal 7 (SDG 7) requires integrating global legal commitments into national renewable energy laws. This article examines how international frameworks particularly SDG 7 and the Paris Agreement can be harmonized with domestic legal systems to accelerate renewable energy transitions. Using a doctrinal-comparative method, it analyzes the legal architectures of the European Union (EU), the United States (US), and Indonesia, focusing on binding targets, incentive models, and policy instruments. The EU’s rule-based system (RED III, REPowerEU) illustrates the effectiveness of legally mandated targets and fast-track permitting. In contrast, the US Inflation Reduction Act exemplifies a long-term incentive-based approach using technology-neutral tax credits (Sections 45Y and 48E) to de-risk renewable investment. Indonesia’s evolving hybrid model blends regulatory mandates (Perpres 112/2022), planning instruments (RUPTL), and strategic finance platforms (JETP-CIPP), though it faces challenges from regulatory instability, such as rooftop solar policy reversals. These case studies reveal that legal predictability is a key driver of investment and policy coherence. Hybrid legal frameworks in the Global South demonstrate the need for adaptable models that accommodate local governance realities while aligning with international norms. Embedding global standards into national law enhances policy legitimacy, investment security, and implementation effectiveness. The study concludes that harmonizing global and national legal systems through binding obligations, fiscal incentives, and transparent planning is essential for achieving SDG 7. It advocates for legal toolkits that combine enforcement, flexibility, and normative alignment to support inclusive, sustainable energy transitions.
Balancing Sanctions and Civilian Protection: Evaluating Humanitarian Carve-Outs under International Humanitarian Law Widaningsih
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.v3i1.1129

Abstract

Sanctions are widely used to enforce international norms, including International Humanitarian Law (IHL), but their unintended humanitarian consequences—especially for health systems and aid access—are increasingly evident. This study evaluates whether humanitarian carve-outs introduced under UN Security Council Resolution 2664 have mitigated these impacts. Using a Difference-in-Differences (DiD) framework, it analyzes data from 120 sanctioned countries (2000–2023), drawing from the Global Sanctions Database (GSDB-R4), WHO, UN IGME, and UNSC Panel of Experts reports. The treatment variable is the presence of humanitarian carve-outs, while outcome measures include under-five mortality rate (U5MR), maternal mortality, and aid delivery delays. Results show that carve-outs significantly reduced average aid delivery delays—from 22 to 13 days—and improved U5MR by approximately 8–10% in post-carve-out periods. No significant effect was observed on maternal mortality. Multilateral sanctions regimes implemented carve-outs more effectively than unilateral ones. Case studies from Yemen and Sudan confirmed operational improvements, whereas the Democratic Republic of the Congo (DRC) revealed persistent compliance and enforcement challenges. Over-compliance by banks and inconsistent national regulations continue to hinder humanitarian operations. The study concludes that humanitarian carve-outs represent a meaningful advance in aligning sanctions policy with civilian protection. However, their long-term effectiveness depends on legal clarity, multilateral coordination, and real-time monitoring. Policy recommendations include standardized implementation guidelines, safe harbor provisions for financial institutions, and greater inclusion of local actors to ensure sanctions enforcement does not exacerbate human suffering.
Judging the Climate: Comparative Human Rights Approaches to Climate Litigation in Global Courts Hermansyah
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.v3i1.1132

Abstract

Climate change increasingly threatens fundamental human rights, prompting courts worldwide to intervene where legislative and executive actions fall short. This article examines how climate litigation enforces human rights obligations through judicial mechanisms, focusing on landmark rulings in Switzerland, India, and the United States. Using a mixed-methods approach that combines comparative doctrinal analysis and an empirical panel dataset (2015–2025), the study tracks litigation frequency, rights-based victories, and climate law intensity across jurisdictions. Findings show that courts are progressively recognizing climate-related rights and issuing binding decisions mandating state action. In KlimaSeniorinnen v. Switzerland, the ECtHR found that weak climate policy violated the right to private life; India’s Supreme Court affirmed environmental protection as a constitutional right in Ranjitsinh; and the Montana Supreme Court upheld youth rights in Held v. Montana. The data indicate a positive correlation between strong legal frameworks and successful litigation, leading to policy reforms and cross-border influence in legal reasoning. Despite significant progress, enforcement remains constrained by political resistance and limited administrative capacity. Civil society continues to play a vital role in promoting accountability and bridging implementation gaps. Overall, rights-based climate litigation is transforming climate governance by embedding human rights principles within environmental adjudication, signaling an emerging global legal consciousness that strengthens both environmental protection and justice.
Enhancing Legal Accountability through Corporate Governance: A Narrative Review Kusmiadi, Moh. Ery; Dauwi, La; Nadila; Basuki, Siti Hatia Adzannya
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.v3i1.793

Abstract

Corporate governance and legal accountability are increasingly central to discussions of corporate responsibility and regulatory reform, particularly as businesses face growing scrutiny over ethical conduct and transparency. This narrative review investigates how governance structures influence legal accountability across diverse institutional and regulatory environments. The study systematically searched literature through databases such as Scopus, Web of Science, and Google Scholar using terms like "corporate governance," "legal accountability," and "transparency." Selection criteria focused on peer-reviewed empirical studies published within the past decade. The results underscore the importance of financial literacy and diversity within corporate boards in fostering legal compliance. Effective governance is often facilitated by the presence of independent board members and a strong culture of transparency. However, systemic barriers such as political instability, corruption, and cultural norms often obstruct the implementation of legal accountability, particularly in developing nations. The study also highlights the role of global regulations such as GDPR and Sarbanes-Oxley, and explores the potential of artificial intelligence and blockchain in enhancing transparency and compliance. This review concludes that addressing legal accountability requires an integrative approach involving robust legal frameworks, stakeholder engagement, and technological innovation. The findings provide a foundation for future research and policy development aimed at strengthening corporate governance systems globally.

Page 5 of 5 | Total Record : 45

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