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34.782  Articles
1 of 3.479 pages  |  10  records  |  more records»
This study explores the extent to which religious court judges decided the origin of biological children following the implementation of the Indonesian Constitutional Court Decree number 46/PUU-VIII/2010. A substantial ambiguity was apparent in the Indone... see more

The article analyses the judicial reasoning employed by the religious courts in giving decisions on inheritance, particularly since the promulgation of the 1991 Compilation of Islamic Law. It seeks to examine whether these courts use Islamic legal reasoni... see more

As in many countries around the world, the debate about tax planning concerns its limits, and there is a clash between two perspectives on the subject. On the one hand, there is a traditional perspective, whose advocates argue for the need to preserve the... see more

This paper examines four religious courts’ decisions on child legal status, especially child parentage, after Constitutional Court’s decision on the legal status of child born out of wedlock. The Constitutional Court’s decision has triggered controversy o... see more

Hakim adalah sebuah profesi yang mulia (officium nobile) yang diharapkan dapat mewujudkan keadilan dalam konteks penegakan hukum. Hakim menjatuhkan putusan sesuai dengan keyakinannya atas suatu kebenaran, sesuai dengan proses pemeriksaan perkara di muka p... see more

This article offers the istiqra’ al-ma’nawi as multicultural-based judicial reasoning to answer the gap between the monocultural pattern of norms required by the codification of law and the multicultural based social-structure of Indonesian society. By us... see more

This article reflects on one of the challenges Gerald Postema’s account of the autonomy thesis poses to Raz’s pre-emption thesis in judicial practice and precedent. Certain flaws in the pre-emption thesis, as applied to courts, come to light upon analyzin... see more

Indonesian judges of Religious Court in deciding child custody cases have different legal reasoning. Some preferred to use juridical reasoning and others use progressive and sociological reasoning. This different legal reasoning causes various insights in... see more

In Should trees have standing? Christopher Stone argues that there are sufficient grounds to confer legal rights upon natural objects such as forests, rivers, and oceans. These rights would enable them to sue corporations and other third parties in court ... see more

1 of 3.479 pages  |  10  records  |  more records»