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Sarah Azami; Abi Yazid Albustomi; Ananda Putra Syach Fadhilah; Muhammad Said Ramdan Hardiana; Hikmatullah Hikmatullah

Marriage at an early age remains widespread, especially among communities with limited education and financial resources. This study aims to analyze the impact of early marriage on harmony in household life. The research model we employed was a library research design. The approach used was descriptive qualitative through literature review, referring to scholarly sources and secondary data from reputable journals published in the last five years. Findings indicate that the mental unreadiness of both parties (husband and wife) who marry at an early age can lead to instability in household life and increase the risk of marital failure or reduced family harmony. Young couples commonly face challenges in maintaining healthy communication, making joint decisions, and coping with financial pressures, all of which contribute to domestic conflict. In addition, emotional immaturity and limited life experience are also primary causes of disharmony within the family. Therefore, there is a need to improve education and public awareness about the importance of age maturity and mental readiness before marriage in order to create stable and harmonious households. Thus, it is necessary to increase education and public awareness about the importance of age maturity and mental readiness before marriage, in order to create a stable and harmonious household.

Ulfa Dahlia; Bambang Panji Gunawan; Ahmad Heru Romadhon

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The Comprehensive Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap (PTSL) is a government initiative aimed at providing legal certainty regarding land rights by accelerating land registration in Indonesia. However, in its implementation, various administrative problems have been identified that result in the issuance of Certificates of Ownership (SHM) with administrative defects, particularly regarding land that previously held a Right to Build (Hak Guna Bangunan (HGB) or a title deed in the form of a Deed of Sale and Purchase (Akta Jual Beli (AJB). This study aims to analyze the mechanism for canceling SHMs due to administrative errors in the implementation of the PTSL and the forms of legal protection available to parties harmed by the issuance of such administratively defective SHMs. The research method employed is normative legal research using a statutory approach and a case-based approach. The results of the study indicate that the cancellation of SHM due to administrative defects can be carried out through administrative mechanisms at the National Land Agency or through a lawsuit in the Administrative Court. Examples of administrative errors by the PTSL committee include errors in the verification of legal data, failure to conduct a land history investigation, errors in the measurement of land parcels, and disregard for the rights of other parties who previously held HGBs or AJBs. Legal protection for aggrieved parties is provided through administrative remedies, civil lawsuits, administrative court actions, and the blocking of problematic certificates. Holders of a previously issued Deed of Sale (AJB) have the legal standing to seek the cancellation of a Certificate of Ownership (SHM) issued in another party’s name, as the AJB serves as authentic evidence demonstrating a legal relationship to the land in question.

Seni Kamalia Rizki Fathullah

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Regulatory overlap between the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law in the handling of online gender-based violence (KBGO) in Indonesia creates a conflict of norms that results in double victimization. This normative legal study aims to identify the concrete forms of victim sacrifice resulting from overlapping regulations and to critique the inability of conflict-resolution mechanisms to address these conflicts through the principle of lex specialis systematica from a substantive justice perspective. The findings reveal four forms of victim sacrifice: victim criminalization, the length of the judicial process, inconsistencies in court rulings, and the failure to fulfill the right to restitution and the right to be forgotten. This study also concludes that the lex specialis systematis principle is inadequate because its dogmatic approach disregards the interests of victims, requires time and expertise that ordinary victims lack, and is not consistently applied in courts. This study recommends a paradigm shift from a dogmatic approach to a victim-centered approach.

Doril Wirli Septriel; Atika Puspita Marzaman

Lembaga Pengembangan Kinerja Dosen 2026 Lembaga Pengembangan Kinerja Dosen

This article analyzes the security crisis in Haiti through the lens of constructivist theory in International Relations. Haiti represents one of the clearest examples of a failed state in the Western Hemisphere, where state authority has collapsed and been replaced by armed criminal groups known as gangs. Using a constructivist perspective, this article traces how social constructions, identities, and historically formed norms have shaped the fragility of the Haitian state. The study also integrates the concept of human security to illustrate the real impact of this crisis on citizens' security across seven dimensions: economic, food, health, environmental, personal, community, and political. The main finding suggests that Haiti's state failure is not merely a product of weak formal institutions, but the result of a long process of social construction, encompassing the legacy of colonialism, crippling reparation payments, counterproductive foreign intervention, and the normalization of violence in everyday life. From a constructivist perspective, restoring security in Haiti requires narrative reconstruction, rebuilding social trust, and comprehensive reform of institutional norms.

Ita Mulyawati Dewi; Agus Rasyid Chandra Wijaya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the authority of the Regional People's Representative Council (DPRD) of Sukabumi City based on Government Regulation Number 12 of 2018 concerning Guidelines for the Preparation of Standing Orders of Regional People's Representative Councils of Provinces, Regencies, and Cities. The authority of the DPRD is a crucial element in ensuring the effective implementation of regional governance under the principle of check and balances. This research employs a normative juridical legal research method with a descriptive-analytical specification. The approaches used include the statute approach, conceptual approach, and case approach. The analysis is conducted using the Authority Theory of Philipus M. Hadjon, which classifies sources of authority into attribution, delegation, and mandate. The results indicate that the authority of the DPRD of Sukabumi City in exercising its supervisory function originates from constitutional attribution directly conferred by Article 20A paragraph (1) of the 1945 Constitution, reinforced by Law Number 17 of 2014, Law Number 23 of 2014, and operationalized through Government Regulation Number 12 of 2018 Articles 19, 21, and 22. Such authority is imperative in nature, not merely discretionary. Failure to exercise it constitutes a violation of the constitutional mandate, resulting in what Hadjon refers to as a legal oversight vacuum that enables systematic and recurring legal violations.

Rayi Kharisma Rajib; Nyoman Tania Nesa; Kresno Adi Wicaksono

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the urgency of strengthening citizen lawsuit mechanisms in response to spatial planning failures from an environmental law perspective, using the 2025 floods in Bali as a case study. The study is motivated by the increasing frequency and intensity of floods, which can no longer be understood as merely natural phenomena, but rather as the result of structural failures in spatial planning management and weak government accountability. Normatively, spatial planning is regulated under Undang Undang Nomor 26 Tahun 2007 dan Undang Undang Nomor 32 Tahun 2009 however, its implementation reveals a gap between legal norms and actual practice. The methodology employed is a normative legal approach, involving an analysis of legislation, legal doctrine, and judicial practices related to citizen lawsuits. The study's findings show that land-use conversion and development in water catchment areas, which go against the precautionary principle, the polluter pays principle, and sustainable development, are examples of spatial planning violations that cause flooding in Bali. In this situation, citizen lawsuits increase public access to justice while acting as a legal tool to hold the state responsible for its carelessness. However, this mechanism's effectiveness is still limited by the absence of a clear legal foundation, the difficulty of the burden of proof, and the public's limited access to the litigation process. Therefore, in order for citizen lawsuits to serve as effective tools for environmental protection and accountability, it is imperative that clear regulations be established, procedures be streamlined, and public access and ability information be improved.

Ridwan Kusuma Mawardani

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

dishonorable Discharge (PTDH) is the most severe administrative sanction for Civil Servants (PNS) proven to have committed corruption. This study aims to analyze the implementation of PTDH for corrupt civil servants and identify the obstacles in its execution. Using a normative legal research method with statutory, conceptual, and case study approaches, this study examines the effectiveness of PTDH through Lawrence M. Friedman's Legal System Theory, which includes legal substance, legal structure, and legal culture. The results show that, in terms of substance, the PTDH norm is strictly regulated in Government Regulation Number 17 of 2020. However, its implementation faces juridical, administrative, institutional, and socio-political obstacles, as reflected in the case of the delayed execution of PTDH for five civil servants in Mukomuko Regency. This phenomenon proves the existence of a gap between law in the books and law in action. Friedman's perspective explains that the failure of PTDH is caused by weaknesses in the legal structure (apparatus/executing institutions) and legal culture (integrity/ethics of the apparatus). This study concludes that the effectiveness of PTDH can only be achieved through synergy between firm legal substance, professional legal structure, and a legal culture that upholds the integrity of state apparatus.

Eva Agustina

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study focuses on the elements of gharar (uncertainty), tadlis (fraud), and breach of contract in examining multiple transactions of a single land object from the standpoint of Islamic economic law. The rising frequency of disagreements over land purchases and sales brought on by the same seller engaging in overlapping transactions, unclear ownership status, and a lack of transparency has prompted this research. This study aims to investigate the effects of these activities on Indonesian positive law and Islamic economic law. This case study employed an empirical legal approach and was carried out in Grogol Village, Tulangan District, Sidoarjo Regency. Data was gathered through observation, interviews, and documentation by the buyer, seller, and local authorities. The findings indicate that due to unclear land boundaries and ownership status, the transaction contained significant elements of gharar and tadlis because the seller concealed important information about the previous transaction. Furthermore, the seller's failure to fulfill obligations stipulated in the contract constitutes a breach of contract under positive law. This study demonstrates that these practices not only violate legal regulations but also contradict the principles of Islamic economic law such as justice, transparency, and good faith. According to this study, legal awareness, administrative accuracy, and institutional oversight are vital to prevent such issues in the future.

Zahra Najwa Herlita; Putri Rahayu; Anggi Sri Haryati Simasmata

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the obstacles to the implementation of civil judgment execution and efforts to resolve them in judicial practice in Indonesia. The research method used is normative juridical legal research with a statutory and conceptual approach. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of the study indicate that the implementation of civil judgment execution still faces various obstacles, which include legal, technical, and non-legal obstacles. Legal obstacles include legal efforts used to delay execution, technical obstacles related to the unclear object of the dispute and limited facilities, while non-legal obstacles include resistance from the losing party and the public. These conditions indicate ineffectiveness in the implementation of civil procedural law, resulting in the failure to achieve legal certainty, justice, and benefit. Efforts to resolve obstacles are carried out through improving regulations, increasing the professionalism of judicial officials, utilizing technology, and a non-litigation approach. Thus, legal reform and strengthening of judicial institutions are needed so that the implementation of civil judgment execution can run more effectively and provide optimal legal protection.

Tubagus Muhamad Faldiansyah; Hayev Fackih Faturohman; Anggi Sri Haryati Simarmata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is grounded in the observation that the implementation of an efficient, simple, and low-cost judicial process in civil cases remains ineffective, particularly in relation to mediation as a dispute resolution mechanism. Although mediation has been incorporated into judicial proceedings with the aim of expediting case resolution, simplifying procedural stages, and reducing litigation costs for the parties, these objectives have not been fully realized in practice. This research seeks to examine the extent to which mediation in civil litigation effectively contributes to the realization of an efficient, straightforward, and affordable justice system. In addition, it aims to identify the factors that influence both the success and failure of the mediation process. The study employs a normative legal research method, utilizing statutory and conceptual approaches. The research is conducted through a literature review of primary and secondary legal materials. The findings indicate that the implementation of mediation in civil courts has not yet reached an optimal level. This is reflected in the relatively low success rate of dispute resolution through mediation, as well as the tendency for mediation to be treated merely as a procedural formality. Several contributing factors include the lack of good faith from the parties, limited time allocated for mediation, and the suboptimal role of mediators.

Natasya Dwi Nanda; Sindy Arzety; Anggi Sri Haryanti Simarmata

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is prompted by legal complications within civil procedural law, specifically regarding the failure of judges to identify formal defects in special powers of attorney during the preliminary stages of trial. The central focus of this study examines Decision Number 14/Pdt.G/2025/PN Kba, in which a lawsuit was declared inadmissible (Niet Ontvankelijke Verklaard) only after a seven-month litigation process that had already progressed through evidentiary hearings and local inspections. The objective is to evaluate the effectiveness of the dominus litis principle in empowering judges to provide procedural guidance for lawsuit amendments, while testing its alignment with the principles of simple, fast, and low-cost justice. Employing a normative legal research method with statutory and case-based approaches, the legal materials are analyzed qualitatively using the legal syllogism technique. The findings indicate that the application of the dominus litis principle in the a quo case remains ineffective due to the judges' passive and formalistic tendencies. Such an approach neglects the ex-officio authority mandated under Articles 119 and 132 of the HIR. This ineffectiveness results in significant judicial inefficiency, causing undue loss of time and financial resources for justice seekers. Consequently, this study recommends strengthening rigorous initial screening mechanisms by the panel of judges at the first hearing. This preventive measure is essential to curb the waste of judicial resources and ensure the realization of substantial justice for all disputing parties.

Muhammad Dhimas Khoirul Alam; Ruben Theofilus Chrysostomus; Anggi Sri Haryati Simarmata

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of information technology has transformed civil dispute resolution mechanisms in Indonesia, most notably through the issuance of Supreme Court Regulation (PERMA) Number 3 of 2022 on Electronic Mediation in Courts. Despite the normative framework it provides, the implementation of electronic mediation continues to face persistent challenges, particularly regarding limited digital infrastructure, low digital literacy among disputing parties, and insufficient technical capacity of mediators. More critically, when electronic mediation fails to produce a settlement agreement, the subsequent enforcement of civil court decisions encounters serious normative gaps not yet adequately addressed by existing legal instruments. This study aims to identify and analyze the causes of civil judgment enforcement failures arising in the context of failed electronic mediation under PERMA Number 3 of 2022, and to propose normative solutions for the identified regulatory gaps. Using a normative juridical method supported by statutory, conceptual, and case approaches, this study finds that the primary causes of enforcement failure include the absence of clear legal standards governing electronically signed peace deeds, weak synchronization between PERMA Number 3 of 2022 and civil procedural law on execution, and procedural obstacles in enforcing decisions that originate from electronic proceedings. This study recommends targeted regulatory reform to ensure that peace agreements resulting from electronic mediation carry unambiguous executorial force and that enforcement mechanisms are adapted to accommodate the distinctive characteristics of electronic dispute resolution.

Ratih Faisa Nabilah; Arief Suryono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid adoption of digital contracts in Indonesia demands a reliable document authentication system, one of which is through electronic stamps (e-meterai). However, the current e-meterai verification system remains centralized and exclusively managed by Perum Peruri, making it vulnerable to single point of failure risks and data manipulation. Blokchain technology, with its characteristics of decentralization, transparency, and data immutability, offers a technical solution that could potentially strengthen the integrity of this verification system. This article aims to examine the legal position of blokchain technology within Indonesia's existing e-meterai regulatory framework and to analyze the urgency of establishing specific regulations governing its use. The research employs a normative juridical method through statutory and conceptual approaches. The findings reveal that blokchain currently occupies a legal grey area: technically compatible with the validity requirements of agreements under Article 1320 of the Civil Code and meeting the criteria for Electronic Information under Article 5 of the ITE Law, yet formally lacking explicit recognition due to its conflict with Perum Peruri's monopolistic authority established under Law Number 10 of 2020 on Stamp Duty. Four normative gaps are identified, encompassing the absence of evidentiary guarantees for blokchain-verified documents, the lack of mandatory standards for Electronic Certification Providers, the ambiguity in civil liability allocation for automated system failures, and the conflict between blokchain's immutability and the right to erasure under the Personal Data Protection Law. Comprehensive specific regulations constitute an urgent normative necessity to ensure legal certainty for Indonesia's digital contract ecosystem.

Melati Elpina Siahaan; Jelita Saragih; Yohana Tiur Indah Malau

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The management of Indonesia's Border Crossing Posts (Pos Lintas Batas Negara/PLBN) in land border areas presents a critical normative gap between the country's international legal obligations and their actual implementation. This study departs from prior descriptive approaches by offering a critical normative-gap analysis that identifies specific disharmonies between bilateral agreements, international conventions, and national legislation governing PLBN operations. Employing a normative juridical method with statute, conceptual, and case approaches, this research examines three focal issues: (1) the normative gap between Indonesia's international legal commitments under instruments such as the United Nations Charter, Vienna Convention on Consular Relations 1963, Revised Kyoto Convention, International Health Regulations 2005, and the United Nations Convention against Transnational Organized Crime (UNTOC), and their domestic implementation; (2) the legal factors generating regulatory disharmony in PLBN governance, particularly the inconsistency between bilateral Border Crossing Agreements with Malaysia and Timor-Leste and national legislation; and (3) specific case-based evidence of implementation failures, including unauthorized border crossings at PLBN Motamasin and the pending boundary delimitation in the Noel Besi Citrana and Bidjael Sunan Oben segments with Timor-Leste. The findings reveal that regulatory disharmony, institutional fragmentation in the CIQS system, inadequate human resource capacity, and unresolved boundary disputes constitute structural legal deficits that undermine the effective governance of PLBN. This article recommends a comprehensive legal harmonization strategy, strengthened bilateral diplomatic engagement, and institutional reform grounded in international legal standards.  

M. Rama Kukuh Prayoga; Fedianty Augustinah; Priyanto Priyanto

International Journal of Social Science and Humanity 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the effectiveness of public service management in Ponorogo Regency's transport sector, focusing on the performance gap between traffic asset conditions (signs, traffic lights) and formal maintenance policies. This gap indicates a non-proactive maintenance cycle, exacerbated by limited resources and low organisational responsiveness to public complaints. Employing a qualitative case study grounded in a synthesis of Edwards III's Policy Implementation Theory and the New Public Service (NPS) perspective, the core findings confirm that frontline officials' low proactive disposition mediates policy implementation failure. Instead of proactive responsiveness (anticipating minor damage), officials often exhibit passive responsiveness (acting only after major incidents or reports), leading to a critical breakdown in which administrative procedures are completed but the public outcome remains poor. The novelty of this research lies in proposing a Proactive and Participatory Governance Model. This model necessitates the institutionalisation of Public Involvement (Participation) to enhance transparency and shift asset performance evaluation from output-oriented to outcome-oriented. The study concludes that the optimal model for the Ponorogo Transportation Department is the synergy between agile asset management and NPS principles (proactive and participatory) to enhance public service effectiveness.

Ida Betanursanti; Galih Mahardika Munandar; Alifta Dicasani

Nusantara Mengabdi Kepada Negeri 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Food Additives (BTP) in current consumer products increase the risk of non-communicable diseases such as diabetes, kidney failure, and cancer, particularly in children. Housewives play a central role in managing family consumption to minimize these risks. This community service activity aims to enhance the knowledge and awareness of 'Aisyiyah women in Buluspesantren, Kebumen Regency, regarding food safety and BTP regulations. The implementation method included preparing materials based on BPOM regulations, interactive education, product discussions, and simulations on reading nutrition labels. The results showed high enthusiasm from participants who are now more critical in distinguishing between natural and synthetic additives. Participants reported a significant improvement in their ability to identify food ingredients and additives in everyday products. The final evaluation recorded a 22.2-point increase in participant understanding. By establishing the habit of reading food labels, it is expected that the risk of non-communicable diseases within the family environment can be reduced, thus improving public health literacy and dietary choices within the community.

Agustino Yamlean; Dian Ferriswara; Fedianty Augustinah; Sri Kamariyah

International Journal of Humanities and Social Sciences Reviews 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Civil servant pension administration is a vital yet insufficiently studied public service function within decentralized governance systems, particularly in remote and peripheral local governments where administrative capacity and service accessibility are limited. Although pension policies are nationally standardized, their local-level implementation often reveals disparities in institutional resources, human capital, coordination mechanisms, and infrastructure, leading to uneven service quality and increased administrative burdens for retirees. This literature review aims to synthesize and critically examine scholarly discussions on civil servant pension administration from the perspectives of public service delivery, administrative capacity, and Public Human Resource Management (Public HRM), with a focus on remote and peripheral governance contexts. Employing a narrative–systematic literature review approach, the study analyzes peer-reviewed international journal articles using thematic analysis and conceptual synthesis. The review identifies four dominant themes: the procedural and coordination-intensive nature of pension administration; persistent administrative capacity constraints involving human resources, institutions, and systems; the exacerbating effects of geographic isolation and spatial inequality on service delivery; and the strategic yet underrecognized role of pension administration within public sector HRM and lifecycle governance. The findings suggest that pension administration challenges in remote regions reflect structural capacity mismatches inherent in decentralized systems rather than isolated implementation failures. This review contributes theoretically by integrating public service theory, administrative capacity, and Public HRM within a peripheral governance framework, and practically by emphasizing the need for context-sensitive, capacity-oriented pension service reforms to promote service equity, accountability, and organizational legitimacy in local governments.

Rio Herdy Saputra; Dinda Anisa Septiani Putri; Riska Ayu Sekarsari; Adrian Yan Permana; Masitha Tismananda Kumala

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesia, maritime safety remains a problem. Ship captains and ship owners often disregard maritime safety standards, particularly for fishing vessels. Provisions for criminal liability for domestic fishing vessels that fail to meet maritime safety standards are an important legal instrument for regulating and enforcing maritime safety regulations in the fisheries sector. Failure of vessels to comply with safety requirements, such as the completeness of safety equipment, engine condition, and vessel structure, can potentially lead to accidents that endanger the lives of crew members and negatively impact the marine environment. This study uses a normative research method with a legislative approach. This article focuses on examining aspects of criminal liability, including the subjects, objects, and legal sanctions imposed for violations of maritime safety standards. The results indicate that perpetrators of violations can be subject to criminal sanctions in the form of fines, detention, and even revocation of vessel operating permits, taking into account human rights and environmental protection. Effective and synergistic law enforcement between relevant authorities is essential to provide a deterrent effect, encourage compliance with safety standards, and improve the system for the sustainability of marine resources.

Fanisa Asyatilah Rusli; Dhiaul Azkiya; Putri Zahra Maulidina; Fajar Caesar; Neng Sri Suryati

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The development of Artificial Intelligence (AI) has significantly influenced the formation of contracts in civil law, particularly through the automation of clause drafting, risk analysis, and the standardization of contractual documents. The use of AI in contract drafting raises complex legal issues, especially concerning the validity of agreements and the attribution of legal liability in the event of default. This study aims to analyze the validity of contracts created through Artificial Intelligence from the perspective of Indonesian civil law and to examine models of legal liability in AI-based contracts. This research employs a normative legal method with statutory and conceptual approaches, examining the provisions of the Indonesian Civil Code, particularly Article 1320, as well as legal doctrines and scholarly perspectives on digital contracts and AI. The findings indicate that AI-based contracts are, in principle, legally valid as long as they fulfill the requirements of a valid agreement, namely the consent of the parties, legal capacity, a specific object, and a lawful cause. Artificial Intelligence cannot be positioned as a legal subject because it lacks intent, consciousness, and the capacity to bear rights and obligations, and therefore functions solely as a technological tool. Consequently, legal intent and liability remain attached to the human or legal entity that uses, controls, or benefits from AI. This study also emphasizes that the primary challenge of AI-based contracts lies in the absence of specific legal regulations governing the allocation of liability among AI users, system providers, and developers, particularly when default occurs due to algorithmic errors or system failures. Therefore, clearer, adaptive, and comprehensive regulations are required to ensure legal certainty, protect the parties involved, and maintain a balance between technological innovation and the principles of justice in AI-based contractual practices in Indonesia.

Bambang Aditio; Aldri Finaldi; Asnil Asnil

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the dynamics of Data Driven Policy implementation in Indonesia, which faces a disconnect between the ambitions of digital regulation and the reality of execution on the ground. Using a qualitative approach with the Three Lenses of Evidence-Based Policy analysis framework (Head, 2008), this study examines the interaction between scientific evidence, political considerations, and professional practices in government data governance. The results show that although legal infrastructure such as Satu Data Indonesia (SDI) has been established, its effectiveness is hampered by structural barriers: the dominance of sectoral egos and a culture of intuitive decision-making (political lens), as well as a mix of digital talent and resistance from a paternalistic bureaucratic culture (practical lens). These findings confirm that data fragmentation and cybersecurity incidents are not simply technical failures, but rather systemic governance failures. Therefore, this study recommends a “soft reform” strategy that integrates the enforcement of technical standards, budget incentive mechanisms, and digital leadership transformation to align data validity with the political realities of the bureaucracy.