Bilancia: Jurnal Studi Ilmu Syariah dan Hukum

Legal Discrepancy in the Enforcement of the Right to Life: The Prohibition of Euthanasia and the Legalization of the Death Penalty in Indonesia

2026-06-22T09:02:42+00:00

The implementation of the right to life within the Indonesian legal system exhibits normative inconsistencies. This is evident in the prohibition of euthanasia and the application of the death penalty. The purpose of this study is to analyze the legal discrepancies regarding the protection of the right to life in Indonesia, including those found in Law No. 1 of 2023 on the Criminal Code. This study employs a normative legal method using a legislative and conceptual approach. The findings indicate that the new Criminal Code (Law No. 1 of 2023) does not resolve these inconsistencies. The state has made the imposition of the death penalty conditional, while the absolute prohibition on euthanasia remains in place. This situation highlights the inconsistency in the legal reasoning regarding the protection of human rights within the national legal framework.

Reconstructing the Regulatory Balance Between Physicians’ Duties and Patient Autonomy: A Gustav Radbruchian Perspective

2026-07-19T12:00:46+00:00

The relationship between physicians' legal duties and patients' autonomy has become increasingly complex following the enactment of Law Number 17 of 2023 on Health in Indonesia. Although the legislation recognises physicians' professional obligations and patients' rights to informed consent, normative inconsistencies remain, particularly in situations where patients refuse medically necessary treatment or where emergency interventions are performed without prior consent. This study aims to analyse the regulatory relationship between physicians' duties and patients' autonomy from the perspective of Gustav Radbruch's theory of the three fundamental legal values: justice, legal certainty, and legal utility. This research employed normative legal research using policy and doctrinal approaches. The study examined statutory regulations, the medical code of ethics, books, and scholarly journal articles through a conceptual approach and a statutory approach. The legal materials were analysed qualitatively using grammatical and systematic methods of legal interpretation. The findings demonstrate that the current regulatory framework has not yet achieved an appropriate balance between physicians' professional obligations and patients' autonomy rights. Ambiguities concerning emergency medical treatment, informed consent, and physicians' legal liability continue to create legal uncertainty, weaken substantive justice, and reduce the practical utility of health law. From a Radbruchian perspective, the existing legal framework requires regulatory reconstruction to harmonise physicians' legal protection with patients' autonomy rights while simultaneously strengthening legal certainty, justice, and legal utility within Indonesia's healthcare system.

Conflict Transformation as an Analytical Perspective for Mapping and Identifying Local Government Legal Instruments in Social Conflict Management in Palopo City

2026-07-19T12:00:24+00:00

This article analyzes the legal instruments of local government in addressing social conflict in Palopo City, employing a conflict transformation approach to assess their relevance in social conflict management. The objective of this study is to examine the potential vulnerabilities to social conflict in Palopo City as well as the potential of local government legal products in managing such conflicts. This research is an empirical legal study, which aligns with the researcher’s effort to obtain accurate, systematic, in-depth, and objective information throughout the research process, while also fostering productive communication through interaction with informants in analyzing the potential for social conflict and models of legal policy for conflict management. The data analysis technique used in this study is qualitative, focusing on exploring the depth of meaning and the researcher’s subjective experiences through interpretive methods. The findings indicate that, under Fisher’s approach, conflict prevention, conflict settlement, and conflict resolution in Palopo City have been carried out using existing legal instruments. However, it is necessary to consider policies oriented toward conflict transformation, as it constitutes an integral and inseparable component of conflict management. As a more strategic and comprehensive approach, conflict transformation requires the support of well-structured, strategic, and sustainable regulatory policies.

Legal Consequences of Over Contract in Commercial Property Lease Agreements and Third-Party Protection

2026-07-20T12:05:46+00:00

Over contract practices in commercial property lease agreements create legal uncertainty when a tenant transfers control of a leased shophouse to a third party without the owner's consent. This study analyzes the legal consequences for the tenant and the legal protection available to the third party. Its contribution lies in integrating lease breach, unauthorized lease transfer, and third-party protection, which are often treated separately in commercial property disputes. This study applies an empirical juridical method with statutory, conceptual, and case approaches. Primary data were obtained through interviews with the owner, tenant, and notary, while secondary data were collected from legislation, legal doctrines, and relevant literature. The findings show that over contract constitutes a breach of contract because the tenant was unable to pay rent independently and later used funds obtained from a third-party transaction and transferred lease rights without permission. Financial difficulty cannot be classified as force majeure because it is a business risk. The owner may terminate the agreement and claim damages. Although the third party has no direct legal relationship with the owner under the original lease, legal protection may be pursued through non-litigation settlement, direct negotiation, and a new notarized lease agreement. Thus, over contract requires clearer clauses, due diligence, and formal legal documentation.

The Act of Carrying Sharp Weapons under Criminal Law: A Maqasid al-Syari’ah Perspective

2026-08-01T12:54:30+00:00

This study analyses the act of carrying sharp weapons under criminal law from the perspective of Maqāṣid al-Syarī’ah. The study aims to examine the reality of carrying sharp weapons in Makassar City, the applicable criminal law provisions, and the Maqāṣid al-Syarī’ah perspective on such acts. This study is qualitative field research employing phenomenological and normative theological approaches. Data were collected through observation, interviews, and document study, and subsequently analysed through the stages of data collection, data reduction, and data presentation. The findings indicate that bows and badik are the sharp weapons most commonly carried by the people of Makassar City for the purposes of self-defence and as instruments for committing criminal acts. The relevant provisions are stipulated in Article 307 of Law No. 1 of 2023 on the Criminal Code, with exceptions for sharp weapons used for occupational purposes and cultural needs. From the perspective of Maqāṣid al-Syarī’ah, carrying sharp weapons with the motive of self-defence is founded upon individual maslahah, whereas the legal prohibition of such acts is founded upon collective maslahah. The novelty of this study lies in integrating the analysis of criminal law provisions concerning the offence of carrying sharp weapons with the perspective of Primary Maslahah within a single analytical framework through a case study in Makassar. The implication of this study is that the criminalisation of carrying sharp weapons is regarded as a legitimate form of ta'zir that is consistent with the principles of Maqāṣid al-Syarī’ah, while also providing an academic reference for the development of criminal law and Islamic law studies that integrate criminal law and the Primary Maslahah perspective in analysing the offence of carrying sharp weapons.