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Susy Putri Wihadi; Alfred Ariyanto; Nunuk Jati Saputri; Thomas Mulyanto Kurniawan

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation of the Indonesian judicial system through the implementation of e-court and e-litigation necessitates a redefinition of conventional evidentiary laws, which have historically been governed by the Herziene Inlandsch Reglement (HIR) and the Rechtreglement voor de Buitengewesten (RBg). This research aims to analyze the evidentiary strength of electronic documents as expanded means of proof in civil proceedings and to identify the challenges regarding their implementation. The research method employed is normative legal research using a statutory approach and a conceptual approach. The findings indicate that based on the principle of functional equivalence, electronic documents hold a legal status equivalent to paper-based documents, provided they meet the requirements of integrity, accessibility, and authenticity through certified electronic signatures as mandated by Law Number 1 of 2024 concerning Electronic Information and Transactions. The evidentiary strength of an electronic document may reach the level of conclusive evidence, similar to an authentic deed, if supported by a reliable electronic system. However, implementation still faces technical hurdles concerning metadata verification and limited human resource competency within the judiciary. This research recommends the urgent need for a new codification of civil procedural law and the standardization of digital forensic procedures in trials to ensure legal certainty and justice for all parties in the digital era.

Delvi Eka Ariyanti; Sidi Ahyar Wiraguna

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation of Indonesia’s judiciary through the e-Court system represents a Supreme Court initiative to realize the principles of speed, simplicity, and affordability as mandated by Article 2(4) of Law No. 48 of 2009 on Judicial Power. This study aims to analyze the effectiveness of these principles in the implementation of e-Court, particularly in civil cases at District Courts. The research employs a juridical-normative and juridical-empirical approach, collecting data through literature review, document analysis, and interviews with court officials, lawyers, and litigants. The findings indicate that e- Court significantly accelerates case administration, claim submission, and inter-party communication, reflecting a faster and more efficient adjudication process. Nevertheless, challenges remain, including technological infrastructure limitations, digital literacy disparities, and regional inconsistencies in implementation. Furthermore, although case fees have become more affordable, accessibility for people in remote areas continues to hinder procedural simplicity. The study concludes that e-Court has positively contributed to realizing the principles of speed, simplicity, and low cost, yet further policy reinforcement, equitable digital infrastructure, and human resource development are necessary to achieve an inclusive and just digital judiciary.

Saputra, Ferdi Pratama; Malipi, Moh Lavender; Moonti, Roy Marthen; Kasim, Muslim A.

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law enforcement plays a vital role in building a just, reliable, and corrupt-free criminal system. The success of the criminal system is highly dependent on the integrity of law enforcement officers, from the police, prosecutors, to the judiciary. This article discusses how consistent, transparent, and accountable law enforcement can increase public trust and minimize the potential for abuse of power. Through a normative and legal approach, this paper emphasizes the importance of institutional reform and legal culture in order to create a clean and just criminal system. This article critically examines the strategic role of law enforcement officials in building public trust through a transparent, accountable and integrity judicial system. Using a normative juridical approach and analysis of empirical data, this research highlights various challenges faced, such as weak integrity of the apparatus, political intervention, and a legal culture that is permissive of violations. This paper also emphasizes the importance of institutional reform, strengthening protection for justice collaborators and whistleblowers, and utilizing digital technology in order to encourage legal accountability.

Lia Mastaria Duda; Roslan Ishak; Roy Marthen Moonti

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The protection of human rights is a fundamental element of Indonesian constitutional law. Although it has been constitutionally regulated through the 1945 Constitution and a number of laws, the implementation of human rights protection still faces various challenges, including discrimination, violence by the authorities, and inconsistency in legal politics. This study aims to analyze the effectiveness of the constitutional law system in ensuring human rights protection as well as the role of state institutions such as Komnas HAM, the legislature, the executive, and the judiciary. The results show that human rights protection has not been optimal due to weak coordination, lack of accountability, and lack of support for independent institutions. The conclusion emphasizes the importance of legal reform, institutional strengthening, and harmonization between national law and international human rights standards. Suggestions include improving human rights education, empowering civil society, and consistent law enforcement to create a democratic and just rule of law.

Nabilla Syifa Auliya; Fadlah Nur; Siti Zahra

Proceeding of the International Conference on Global Education and Learning 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

The hastag No. viral No. justice has recently emerged on social media platforms creating its own discourse in the justice system. This research aims to examine how the impact of this phenomenon on the judicial system and to find the ideal mechanism of digital transformation of justice so that this phenomenon remains in line with the principle of due process of law.This research method uses a social legal with a case study approach and conceptual approach in answering the problem formulation. This research found that this phenomenon is motivated by the slow response of law enforcement officials and the lack of transparency of the judicial system, then the impact of this phenomenon disrupts the independence of the judiciary because it is tried by the media and has the potential to accommodate the spread of hoaxes and public disinformation. To answer these challenges, the author proposes a digital transformation of the judiciary through the optimization of SIPP, by adding a verification link feature on the SIPP page. So that access to case tracking becomes more transparent. In addition, there are also new rules regarding the publication of unresolved legal cases on social media by requiring the admin and related accounts to provide a disclaimer and link to the SIPP verification link of the case. This regulation is regulated through the revision of the ITE Law by the legislators.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Hanifah Muslimah; Rana Inas Zahira; Dina Setiana Pratiwi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.

Linda Ikawati; Sulaiman Sulaiman; Muhammad Fahri Huseini

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The era of technological disruption has brought about significant changes across various sectors, including the legal sector. One of the most prominent developments is the use of artificial intelligence (AI) in the judicial system. AI can be utilized for a wide range of tasks, from analyzing legal documents to predicting case outcomes, and even acting as a legal assistant. This study employed a qualitative approach by analyzing various sources such as journals, documents, and relevant research findings. The results of the study indicate that while AI offers numerous benefits, its application in the judiciary also faces several challenges. One of the primary challenges is the issue of data bias. The performance of AI heavily relies on the quality of the data used to train it. If the data contains biases, the resulting AI will also be biased. Additionally, concerns about privacy and data security are significant issues that need to be addressed.

Cindy Kafka Navisa Dewi

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Justice is often debated in a legal context, with an emphasis on integrity, procedural fairness and balance of power. This article explains how judges deal with the pressure to ensure justice while overcoming various challenges, including bias, politicization, and external pressure. The role of judges' ethics and social responsibility in maintaining judicial integrity and independence is also discussed. Through this review, it is hoped to gain a deeper understanding of the complexities and challenges faced by judges in ensuring justice in the justice system. The role of judges is not only as enforcers of the law but also as guardians of justice. The challenges judges face include political pressure, difficult decisions, and a changing society. Judges' ethics are key in maintaining the integrity of the justice system, including independence, fairness, and transparency. In addition, to analyze the impact of judges' roles, challenges, and ethical practices on public trust in the justice system. In this context, the main goals are to provide justice to all parties involved, protect human rights, and maintain social order. However, challenges such as corruption, bias and limited resources often stand in the way of achieving these goals. In addition, ethics play a crucial role in maintaining the integrity of the justice system, including principles such as independence, objectivity and transparency.  

Nazjwa Fatharani; Fikri Al -Zalmmi; Zaky Fauzi; Diandra Nazira Anshar

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Law plays an important role in authority because it serves as a mechanism to legitimize public institutions and government institutions. Judicial power, which is part of state power, must have independence because only through independence can it control and limit legislative and executive power. In this case, independent judges can legally determine whether government actions to protect human rights are appropriate or not. This research uses normative juridical, which is an approach that focuses on legal provisions and legislation. This research approach uses analytical description to clarify the legal issues being discussed. This research uses primary data consisting of legal data in the form of judicial power legislation, coupled with secondary legal data in the form of books, journals, articles and others. The result of this research is that judicial power itself still has challenges that can occur, one of which is the intervention by internal and external judges themselves because of the elemental content of interests and power politics. Another factor is the poor and degraded morality of judges so that they can be bought and bribed by litigants, resulting in a decision that is not based on justice. This is certainly contrary to our constitution, namely the 1945 Constitution and the Constitution of the Republic of Indonesia.

Muhammad Ishfaq; Samina Yasin; Muzammil Riaz; Kanwal Riaz

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Pakistan's legal landscape is characterized by a complex interplay of various legal systems, including Islamic law (Sharia) and secular legal frameworks inherited from colonial legacies. This paper seeks to explore the dynamics of legal pluralism in Pakistan, focusing on the coexistence and interaction of Islamic law and secular legal systems within the country's judiciary and legal institutions. Through a comparative analysis, the paper aims to examine the historical evolution, sources, principles, and application of both Islamic law and secular legal systems in Pakistan, shedding light on their respective roles, conflicts, and accommodations within the Pakistani legal framework. Additionally, the paper will critically assess the challenges and opportunities posed by legal pluralism in Pakistan, particularly in terms of ensuring justice, rule of law, and human rights in a diverse and rapidly changing society.