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Fahmi Miftah Pratama; Shiendy Kusumawati

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The rapid advancement of digital technology, particularly Artificial Intelligence (AI), has reshaped various sectors, including the field of law. This study aims to examine the integration of AI in law firms’ operations, focusing on its potential benefits, legal challenges, and ethical implications in the Indonesian legal context. This research employs a qualitative approach through a normative juridical method, supported by literature review and case analysis related to the use of AI in legal practice. Relevant legislation, including Law No. 11 of 2008 on Electronic Information and Transactions, is analyzed to assess the existing regulatory framework. The study reveals that while AI enhances efficiency in tasks such as document analysis, case prediction, and legal drafting, it also raises concerns about algorithm reliability, data bias, and the absence of specific AI-related legal regulations in Indonesia. Law firms must ensure transparency, accountability, and ethical responsibility when adopting AI to align with the principles of justice. Human interaction remains crucial to maintain trust and professional integrity in client services. The research contributes to the ongoing discourse on developing legal and ethical frameworks for AI implementation in the legal sector. It suggests the need for comprehensive regulation and professional guidelines to optimize AI utilization while safeguarding justice and ethical standards. The study is intended for publication in a national academic journal.

Dahlia Kusuma Dewi; Dio Prasetyo Budi; hafiza binti abdul samath

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Climate-induced migration is becoming an increasingly significant global issue, driven by environmental changes such as rising sea levels, extreme weather events, and resource scarcity. Despite its growing importance, current legal frameworks inadequately address the protection of climate migrants, leaving them vulnerable and without clear legal rights. This research aims to propose an integrated social-environmental justice framework to address the legal accountability for climate-induced migration, focusing on the recognition of migrant rights, state responsibilities, and environmental protection. The study uses a comparative legal analysis to examine legal systems across various countries and incorporates field data from climate-vulnerable coastal communities through interviews, surveys, and legal case reviews. The research finds that the proposed framework enhances migrant recognition and clarifies state responsibilities in 70% of reviewed legal cases, offering a more comprehensive solution compared to traditional environmental and human rights approaches. The framework's integration of legal, social, and environmental elements provides a holistic response to climate migration, emphasizing equity and sustainability. However, challenges such as political resistance, fragmented governance, and limited funding hinder full implementation. The study concludes by recommending that governments and international bodies adopt this framework and strengthen their commitment to legal protections and climate adaptation strategies for displaced populations. Further research should focus on refining legal frameworks, addressing implementation barriers, and expanding the scope of social-environmental justice to better support climate migrants.

Cynthia Hadita

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

This study examines the legal construction of the obligation to prepare  Academic Draft s in the process of forming regional regulations in Indonesia. Academic texts have a strategic role as a scientific and rational basis to ensure that the Regional Regulations produced are in accordance with the needs of the community, based on the principles of good regulation formation, and do not contradict higher legal norms. This study uses a normative juridical method with a statutory approach and conceptual analysis to identify the relevance, implementation, and challenges in the implementation of  Academic Draft  obligations. The results of the study show that the obligation to prepare  Academic Draft s has been regulated in laws and regulations, but its implementation is often faced with various obstacles, such as low technical understanding, limited budget allocation, and lack of expert involvement. Therefore, it is necessary to strengthen regulations and increase institutional capacity to ensure a more participatory, transparent, and accountable process for the formation of regional regulations. This research is expected to contribute to the development of policies that support the formation of quality and responsive regional regulations to the needs of the community.

Rezki Akbar Norrahman; Aan Puji Kistanto; Aya Hamdi Ramadan

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

This study evaluates the effectiveness of a hybrid citizen–AI legal monitoring system in enhancing urban environmental governance. The hybrid system integrates citizen-driven reporting platforms with AI-powered legal monitoring tools to address the challenges of weak public oversight in urban environmental management. By implementing the system in three metropolitan areas, the study explores how real-time data collection through citizen reports, combined with AI-driven analysis, can improve the accuracy, speed, and responsiveness of identifying environmental violations. The results showed a 45% improvement in oversight effectiveness, demonstrating the potential of hybrid systems to enhance monitoring capabilities beyond traditional methods. The AI system, capable of analyzing large datasets and providing timely insights, enabled quicker identification and categorization of violations such as pollution and waste management issues. The integration of citizen involvement through digital platforms allowed for more inclusive data collection, enhancing the quality and volume of information available for decision-making. This synergy between human participation and AI-driven analysis improved the speed of response to urban environmental challenges, making the system more adaptive and efficient. However, challenges such as data reliability and variable citizen participation rates were identified, suggesting the need for strategies to encourage consistent engagement and ensure the accuracy of reported data. The study concludes that hybrid citizen–AI systems can significantly improve urban governance by enhancing transparency, accountability, and responsiveness, offering a promising solution for cities seeking to address environmental issues more effectively.

I Putu Gede Arimbawa; I Nyoman Suarna; Wihelmus Jemarut; I Gusti Ayu Aditi; I Gusti Agung Andriani +1 more

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Children who have committed legal violations are inmates at the Class II Special Child Development Institution in Lombok Tengah. During the child rehabilitation process at LPKA Lombok Tengah, some children continue to violate the rules, making the conditions unfavorable. The purpose of this research is to ensure the legal basis for the imposition of sanctions and the enforcement of disciplinary sanctions, as well as the obstacles faced by LPKA Lombok Tengah. The method used in this writing is normative-empirical with a case, legislative, and sociological approach. The results of this study are as follows: First, the legal basis for imposing disciplinary punishment is outlined in the Decree of the Minister of Law and Human Rights Number M.HH-03.OT.02.02 of 2014 concerning guidelines for the treatment of children in LPKA. Second, the light disciplinary sanctions include verbal reprimands, moderate sanctions such as apologies and agreements between the staff and the inmates, and heavy disciplinary sanctions such as cleaning the bathroom and restricting visitation activities. The obstacles encountered include the factor of the inmates being difficult to discipline, the condition of the inmates being unwell when sanctions are to be imposed, and the factor of facilities and infrastructure.

Rauzatun Jannah; Faisal Yahya; Azmil Umur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study aims to examine the illegal land ownership of the Pusong Reservoir in Banda Sakti Subdistrict, Lhokseumawe City by the local community, viewed from the perspective of Islamic law, specifically the concept of milk al-daulah, and national legislation, particularly Law No. 17 of 2019 on Water Resources. The phenomenon of land ownership in the reservoir has resulted in various impacts, including ecosystem damage and the potential for conflicts between the community and the government. This research uses a juridical-sociological approach with a descriptive-analytical qualitative method. Data were collected through interviews, observations, and literature studies. The findings show that the community’s ownership of the reservoir land, which is used for business and residential purposes, is in conflict with the principle of milk al-daulah and Law No. 17 of 2019, which stipulates that water resources are controlled by the state and must be used for public interest. The weak implementation of government oversight in managing this land has led to an imbalance between the interests of the community and the state. This study recommends better management of the reservoir land to ensure ecosystem sustainability and community welfare.  

Giska Fajari; Irwan Triadi

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Drones are a new technology that can pose a threat to the sovereignty of many countries. Therefore, preventive efforts are necessary for a government to safeguard its interests. In this context, Indonesia needs to establish a legal framework from an international legal perspective, supported by national positive law, to mitigate the use of drones. The research, conducted through a normative-judicial analysis approach, concludes that a considerable number of legal instruments are aimed at protecting Indonesia from drone threats. However, Indonesia's military capability is not yet fully equipped to enforce the mandates of these laws. Consequently, the approach that can be taken is to prohibit drones altogether because they violate human rights and harm society.

Eva Albatun Nabilah; Berthi Ramadhani P.

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

In implementing the enforcement of criminal acts by children who are in conflict with the law, Children's Criminal Justice System Act regulates that children should be kept as far as possible from the judicial process and punishment for deprivation of liberty. Therefore, there are many choices of forms of punishment in the SPPA Law, one of which is conditional punishment. This research aims to see whether conditional sentences for children in conflict with the law have been provided optimally. This research is normative research in which the data is processed using qualitative descriptive methods to answer the existing problem formulation. The results of this research found that the judge had not maximized the application of Law No. 11 of 2012 concerning the juvenile criminal justice system in decision number 84/pid.sus-anak/2020/pn plg. In decision number 84/pid.sus-anak/2020/pn plg, the judge did not impose a conditional sentence even though conditional punishment is one of the main crimes in the SPPA Law and the defendant meets the requirements to receive it.  

Fitria Ayu; Tri Widiya Sari; Audrey Chandra; Faisal Purnama; Zulfikar Putra

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study aims to evaluate the quality and function of Green Open Space (RTH) at RPTRA Taman Matoa, Jagakarsa. The background of this paper is the importance of RTH in urban planning as an open interaction space for the community. This research was conducted using normative and empirical research methods to collect data on the physical condition, utilization, and community perceptions of the RTH. This RTH functions as a place for recreation, sports, and social activities for the surrounding community. These findings indicate that good management of RTH can improve the quality of the urban environment and community welfare.

Hotman Manullang; Yasmirah Mandasari Saragih; Fauzan Fauzan; Zakaria Tambunan; Christine Natalia Pangaribuan

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Enforcement of criminal law in animal protection in Indonesia is increasingly becoming an important concern in line with increasing public awareness regarding animal rights. Even though Indonesia has a number of laws and regulations that regulate the protection of animals, such as Law no. 18 of 2009 concerning Animal Husbandry and Animal Health, in reality violations of animal rights still often occur, both in the form of physical violence and animal exploitation. This research aims to examine the extent to which criminal law in Indonesia can provide effective protection for animals, as well as the obstacles faced in its implementation. The focus of this research includes analysis of existing legal regulations, including Law no. 41 of 2014 concerning Forestry, as well as an evaluation of the effectiveness of criminal law enforcement in tackling acts of violence against animals. The research method used is a qualitative approach with literature studies and legal analysis to dig deeper into how legal protection for animals is implemented in practice, as well as the obstacles faced by law enforcement officials. It is hoped that this research will provide insight into the importance of stricter and more effective law enforcement, as well as provide recommendations for improving animal protection through policy adjustments and increasing public awareness.

Gheviera Najla; Djanuardi Djanuardi; Hazar Kusmayanti

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Marriage Law regulates the minimum age limit for marriage is 19 (nineteen) years, but in practice underage marriages still often occur so that these marriages cannot be registered. Marriage dispensation becomes the legal legitimacy so that underage marriages can be registered in accordance with the provisions of Article 2 paragraph (2) of the Marriage Law. Marriage dispensation is obtained through the courts by involving the application of civil procedural law principles, including the principle of passive judges. This study aims to obtain an overview of the application of the passive judge principle and the limitations of active judges to the application for marriage dispensation at the Soreang Religious Court in relation to civil procedural law in the case of the application for underage marriage dispensation in Decision Number 421/Pdt.P/2023/PA.Sor. The research method and legal writing are carried out using a normative legal approach sourced from primary data and secondary data. Primary data is taken through interviews, then the secondary data used comes from literature studies. Based on the research results, it can be concluded that the application of the passive judge principle in marriage dispensation cases is dynamic and adjusted to the best interests of the child. The active role of the judge in providing advice and conducting in-depth examinations does not conflict with the passive judge principle, but is an effort to ensure a fair decision and protect the rights of the child.

Arif Kurniawan; Grahadi Purna Putra

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study explores the effect of the implementation of Good Corporate Governance (GCG) principles on the prevention of corporate crime in Indonesia. GCG, which consists of the principles of transparency, accountability, independence, responsibility, and fairness, plays an important role in preventing abuse of power, manipulation of financial statements, and other criminal offenses. Case studies on PT Asuransi Jiwasraya and PT Garuda Indonesia show how the weak implementation of GCG principles can open opportunities for corporate crime, which harms the state and stakeholders. Using a normative approach and legal analysis, this research highlights weaknesses in internal control, non-compliance with regulations, and limited competence of human resources as factors inhibiting the implementation of GCG. The research offers strategic recommendations to strengthen GCG implementation, such as enhancing ethical culture within the organization, strengthening regulations and sanctions, and providing continuous training for company management. The findings are expected to contribute to the development of better and more effective corporate governance in preventing corporate crime, as well as creating a business environment with integrity and sustainability.

Savina Anggun Lestari; Damar Tangguh Rabani; Eva Maya Sari; Hana Reswara Ardiana

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The rapid advancements in automation and artificial intelligence (AI) have significantly transformed various industries in Indonesia. While these technologies enhance efficiency and productivity, they also pose severe challenges to employment, notably the increasing prevalence of layoffs (PHK). This article critically analyzes the legal framework in Indonesia governing worker protection against layoffs caused by automation and AI. It highlights the inadequacies in current regulations, such as the Employment Law and the Job Creation Law, in addressing the unique challenges posed by digital transformation. Using a normative legal approach, the study emphasizes the need for adaptive policies, including reskilling, upskilling, and enhanced social security programs like the Employment Loss Insurance (JKP). Lessons from countries like Germany and Singapore underline the importance of government and industry collaboration in workforce readiness. The findings advocate for a holistic and inclusive policy framework to mitigate automation’s adverse effects while leveraging its potential for sustainable development.

Sheila Nazihah Vazir; Revi Fauzi Putra Mina

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Indonesia, as a country with a pluralistic legal system, faces challenges in harmonizing customary law and state law, particularly in resolving disputes over customary land that involve traditional values of indigenous communities. This study aims to analyze how customary values are integrated with state law through a case study of court decision Number 94/Pdt.G/2022/PN Jap. The research employs a qualitative approach with content analysis techniques applied to court decision documents, supported by relevant literature reviews. The findings reveal that the court in this case not only applied positive legal norms but also considered relevant customary aspects, including the legitimacy of indigenous leaders and the recognition of communal land rights (ulayat). The panel of judges issued a decision that accommodated customary values in accordance with Article 18B paragraph (2) of the 1945 Constitution, while still adhering to the formal procedures of state law. This study identifies challenges in integrating customary law into the national legal system, such as the lack of formal regulations related to customary courts and the limited understanding of legal officers regarding local cultural contexts.

Desvi Soflianti; Aulia Ramadayanti; Intan Shofy Martin; Zilva Aulia Rahma; Arini Azka Muthia

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The phenomenon of Indonesian labor migration abroad is an important strategy for improving community welfare and contributing to national economic growth. Every year, thousands of Indonesian migrant workers (TKI) leave for various countries in hopes of finding better job opportunities. However, the reality they face often falls short of expectations, as many migrant workers experience discrimination, exploitation, and violence. Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI) serves as a legal framework to provide comprehensive protection, yet its implementation still faces significant challenges. This research employs a normative legal method to analyze the effectiveness of UU PPMI in providing legal protection for migrant workers. The analysis reveals that structural, technical, and legal obstacles hinder the effectiveness of protection. Therefore, a comprehensive approach is needed, including strengthening institutions, enhancing human resource capacity, and fostering collaboration among government, private sector, and civil society. This study aims to contribute to improving the conditions of Indonesian migrant workers and promoting more effective protection.

Mohamad Asri Sauridi

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This study aims to find out about . What is the mechanism for drafting regulations on changes to the Regional Revenue and Expenditure Budget (APBD). What are the implications and legal impacts on regulatory mechanisms for amending the Regional Revenue and Expenditure Budget (APBD) which are not in accordance with statutory provisions. The method of data collection in this study was carried out by normative empirical, namely research that uses and processes primary data and side by side with secondary, empirical normative research is focused on the implementation of statutory (normative) legal provisions in action in every particular legal event that occurs in a society (empirical) related to the mechanism of Changes to the Regional Revenue and Expenditure Budget. The results of the study show that the Regional Revenue and Expenditure Budget, hereinafter abbreviated as APBD, is the regional government's annual financial plan that is discussed and agreed upon jointly by the local government and the Regional People's Representative Council (DPRD), and stipulated by regional regulations/Perda. The APBD budget year covers a period of one year, starting from January 1 to December 31. The Regional Revenue and Expenditure Budget consists of the Revenue Budget originating from Regional Original Revenue (PAD), which includes regional taxes, regional levies, regional wealth management results and the share of balancing funds, which includes Profit Sharing Funds, General Allocation Funds (DAU) and Funds Special Allocation. Also known as legitimate income such as grants or emergency funds. While the expenditure budget is the budget used for various purposes of carrying out government tasks in the region. The Regional Government submits a draft Regional Regulation concerning changes to the Regional Revenue and Expenditure Budget (APBD) for the current fiscal year to obtain approval from the Regional People's Representative Council (DPRD) before the end of the fiscal year. After obtaining approval from the Regional People's Legislative Council (DPRD) regarding the draft regional regulation regarding the Revised Regional Revenue and Expenditure Budget (APBD-P), then the process of evaluating and establishing the draft Regional Regulation concerning the Revised Regional Revenue and Expenditure Budget (APBD-P) and the draft Regional Head Regulations regarding the translation of the Amended Regional Revenue and Expenditure Budget (APBD-P) into Regional Regulations and Regional Head Regulations. There are two legal implications of the mechanism of the Amended Regional Revenue and Expenditure Budget (APBD-P) regulations which are not in accordance with statutory provisions. First, all processes of a series of changes that do not meet the normative requirements cannot be followed up directly. Second, administratively, all types of regional government work programs originate from the remaining budget from the previous year. (APBD-P) as the legal basis

Ahmad Rifqih Ghazali; Agussalim Burhanuddin

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Amanna Gappa is the third Matoa of Wajo. He formulated a maritime law known as Amanna Gappa, which was enacted in 1676. This law discusses the rules for trading and sailing during that time. Three hundred years later, a modern maritime law was established, known as the United Nations Convention on the Law of the Sea (UNCLOS). The research method used is qualitative research utilizing secondary data through literature studies such as documents, articles, reports, scientific journals, and internet sites. The collected data is then analyzed to produce descriptive information presented by the author in the form of sentences and words that support explanations related to the research.The laws within Amanna Gappa's maritime law consist of 21 articles and cover various matters, both technical and non-technical. It outlines efforts to achieve welfare on board ships, detailing the rights and obligations of everyone involved. This is quite similar to UNCLOS; however, its orientation is more towards the state, focusing on how UNCLOS seeks to regulate national welfare at sea. The values that continue to be upheld in current maritime law emphasize that regulations should be made as much as possible for the sake of welfare and justice. Moreover, both ancient and contemporary maritime laws prioritize common interests through deliberation in establishing these rules.

Bagu, Fery Rahmat Angriawan; Mawardi Heru Prasetyo; Suryadi Syamsudin; Marini Susanti Hamidun; Iswan Dunggio

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This study examines Japesda's role in supporting the implementation of Law No. 32 of 2024 on the Conservation of Biological Natural Resources and Their Ecosystems. Japesda plays a strategic role in education and counseling, aligning with Article 37 paragraph (2), which mandates fostering public awareness through conservation education. It also contributes to managing conservation areas, as outlined in Article 5A and Article 8 paragraph (4), which emphasize local wisdom and participatory mapping. Japesda’s policy advocacy encourages community participation, supporting Article 37 paragraph (1), which underscores dialogue between the government, indigenous peoples, and stakeholders. Japesda is also active in monitoring and reporting violations, leveraging Article 39A paragraph (1), which recognizes community reports as valid initial evidence. Furthermore, Article 43A paragraph (1) provides a legal framework for Japesda to ensure conservation policies adhere to conservation principles. Despite challenges such as stakeholder resistance, limited resources, and low public awareness, Japesda continues to build capacity, forge partnerships, and enhance coordination among stakeholders. These efforts aim to overcome obstacles and support the effective implementation of conservation policies, ensuring the preservation of biological resources and their ecosystems for future generations. Japesda’s multifaceted role highlights its significance in advancing Indonesia's conservation agenda.

Hasna Nadia; Ilzham Risyad; Tsabita Zaskia; Karina Alifia; Lintang Zufar +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Magelang Regency, Central Java, has great potential in the agrotourism sector that can contribute to the local economy and the preservation of cultural values. This study aims to design an Agrotourism Law that regulates the management, development, and protection of the environment in the area. The research method used is empirical juridical, which involves collecting primary data from local communities and analyzing existing regulations. The results of the study indicate that the development of agrotourism in Magelang Regency is still hampered by the lack of coordination and unclear regulations, which can trigger environmental exploitation and injustice in the distribution of economic benefits. Therefore, the drafted law must include regulations on sustainable management, rights and obligations of business actors, environmental protection, promotion of local culture, and financial support for community-based agrotourism. This study is expected to be a reference in formulating policies that are beneficial for the development of sustainable and inclusive agrotourism in Magelang Regency.

Anggadika Kriswibowo

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Globalization has transformed the way nations interact, bringing challenges in protecting the rights of cross-border groups such as migrants, international workers, and minorities. On one hand, globalization promotes closer international cooperation and strengthens the commitment to universal human rights. However, on the other hand, policies implemented by states often fail to align with these changes, creating various obstacles in efforts to protect vulnerable groups caught in different legal systems. This article explores the main challenges faced in protecting the rights of cross-border groups amid the dynamics of globalization. The research employs an in-depth literature review method, focusing on studies related to democratization, human rights, and the challenges encountered by cross-border groups. The findings reveal that, despite significant progress in the international framework on human rights, there remains a gap between policy and practical implementation that affects the protection of cross-border groups. This research also provides policy recommendations to help address these challenges in the era of globalization.