Jurnal Online Universitas Pekalongan
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Compensation for Damages Caused by Artificial Intelligence under Indonesian Civil Law
Get PDFArtificial intelligence (AI) is a technology that refers to the simulation of human intelligence programmed into electronic devices to think like humans and mimic human actions. The rapid development of AI has sparked debates in the legal field, particularly when errors occur and cause harm to the public. Currently, Indonesian law does not explicitly regulate legal protection for a party who suffers material or immaterial damages due to errors caused by AI. This research aims to contribute to the development of civil law discourses through a normative and descriptive approach. The data used are secondary data, and a qualitative method is used to analyze and present the data descriptively. The research finds that there are no specific regulations governing liability for material or immaterial damages resulting from AI activities. The conclusion drawn is that AI cannot be considered a legal subject and lacks control over its actions and intent. Therefore, the burden of compensation for errors caused by AI falls on the creators and users of AI, as stipulated under Article 1365 of the Civil Code and Article 1367 of the Civil Code, which states that: "A person is not only liable for losses caused by their own actions but also for losses caused by the actions of those for whom they are responsible or by goods under their supervision.
The Productive Waqf Land Utilization Agreements in Indonesia: Legal Status and Financial Scheme
Get PDFThis research was conducted to determine the legal status, funding schemes and benefit sharing of the active waqf land use agreement in Indonesia. This research adopts a normative juridical approach, examining the legal dimensions of the subject matter based on statutory norms, particularly those related to waqf. It also employs an analytical descriptive method, whereby the collected data is analyzed to provide a comprehensive depiction of the utilization of productive waqf land in Indonesia. Data collection was conducted through literature review and in-depth interviews with commissioners of the Indonesian Waqf Board and practitioners in the Islamic financial services sector. The findings were then analyzed using qualitative data analysis techniques. The agreement on the use of beneficial waqf land in Indonesia is in accordance with both Islamic law and positive law. In large-scale ventures, investors can include financial institutions in the Sharia Non-Bank Financial Industry, such as sharia venture capital with mudarabah or musyarakah, or cooperate with sharia financial technology company via a crowd-funding agreement. This study is particularly valuable for waqf managers and scholars, as it can aid in developing contract-based utilization arrangements and financing schemes grounded in financing rules. Furthermore, the study highlights the potential of sharia venture capital and sharia financial technology as promising funding schemes for waqf-based ventures, offering innovative solutions for the sustainable growth of waqf land utilization
Equity-Based Crowdfunding in The Scheme Of Share Offering as an Expansion of The Categorization of Capital Market Activities: Implications and Orientation
Get PDFThe development of equity-based crowdfunding has become an expansion of the categorization of the capital market by fintech companies, potentially offering applications that function to connect owners with start-ups or Small and Medium Enterprises (SMEs) that need a capital injection. Problems arise when various regulations in Indonesia do not specifically address equity-based crowdfunding. This research aims to analyze the legal implications of the suboptimal regulation of equity-based crowdfunding, particularly in legislation, and how the future regulatory orientation relates to equity-based crowdfunding. This research is a normative legal study that emphasizes a conceptual and legislative approach. The research findings emphasize that the regulation of equity-based crowdfunding in Indonesia related to the capital market still does not provide clear legal certainty. This activity has not yet been detailed in the law, resulting in legal uncertainty that can harm investors and entrepreneurs. The ongoing practices are not yet equipped with regulations on accountability, transparency, and adequate legal protection. This also hinders small and medium-sized enterprises\u27 access to crowdfunding platforms that can expand networks and technology. Therefore, more comprehensive regulations are needed, including technical and procedural regulations, the establishment of an independent regulatory body, licensing regulations for platforms, and strict supervision to protect investors and entrepreneurs. With these measures, it is hoped that equity-based crowdfunding practices can develop safely and efficiently in IndonesiaPenelitian ini bertujuan memberikan jawaban mengenai kedudukan equity-based crowdfunding ditinjau dari peraturan perundang-undangan yang mengatur pasar modal serta implikasi hukum praktik equity-based crowdfunding dalam skema penawaran saham sebagai perluasan kategorisasi kegiatan pasar modal. Perkembangan equity-based crowdfunding menjadi perluasan kategorisasi pasar modal oleh perusahaan fintech, dimungkinkan menawarkan aplikasi yang berfungsi mempertemukan pemilik dengan start-up atau Usaha Kecil dan Menengah yang membutuhkan suntikan dana. Hal ini membutuhkan penyamaan persepsi berupa kedudukan dan implikasi hukum melalui pengaturan equity-based crowdfunding Perlu penyelarasannya pada pembaharuan Undang-Undang Nomor 8 Tahun 1995 tentang Pasar Modal. Tujuannya, menghindari disharmonisasi peraturan perundang-undangan dan permasalahan yang berpotensi dapat menimbulkan konflik di masa mendatang atas implementasi equity-based crowdfunding. Penelitian ini normatif dengan menggunakan pendekatan perundang-undangan, kasus dan perbandingan serta bahan hukum terkait pasar modal maupun equity-based crowdfunding. Hasil penelitian menunjukkan kedudukan equity-based crowdfunding ditinjau dari peraturan perundang-undangan yang mengatur pasar modal, belum menunjukkan definisi operasional dari inti kegiatan equity-based crowdfunding. Hal ini menyebabkan masih terjadi kebingungan dalam memaknai zonasi pasar modal dan lingkup penerapan equity-based crowdfunding. Sedangkan, implikasi hukum praktik equity-based crowdfunding dalam skema penawaran saham sebagai perluasan kategorisasi kegiatan pasar modal berpotensi menimbulkan ketidakpastian hukum pada sektor investasi, dimana idealnya memerlukan safety net untuk menyusun manajemen risiko bagi para investor. Potensi ketidakpastian hukum disebabkan belum terdapat komposisi pengaturan yang secara teknis dan prosedural mengatur konsep pelaksanaan, asas pelaksanaan maupun tujuan dari pelaksanaan kegiatan equity-based crowdfunding
Reconstruction of the Kribligation Code on Judges\u27 Forgiveness (Rechterlijk Pardon) in the New Criminal Code
Get PDFThis study examines the reconstruction of the Criminal Procedure Code concerning judicial pardon (rechterlijk pardon) in the new Criminal Code, with the objective of understanding the concept of judicial forgiveness as outlined in Constitution Number 1 of 2023. It aims to analyse the types of decisions in accordance with Article 191 of the Criminal Procedure Code. persuasive manner in court. The judge\u27s pardon is governed by Article 52, paragraph 2 of Law Number 1 of 2023. However, if legal imposition employs procedural law under the Criminal Procedure Code, there exists a legal void, as the Criminal Procedure Code only addresses three types of decisions: acquittal, dismissal of all legal claims, and criminal conviction. The Criminal Procedure Code necessitates reconstruction for the specified decision types. Utilises research This is a consideration regarding the Constitution, particularly the present
Reconstruction of the Law on Compensation for the Remaining Land Acquisition of Government-Owned Projects in the Perspective of Islamic Law and National Law
Get PDFDevelopment carried out by the government certainly cannot be separated from the land acquisition process. Legally, land acquisition for development in the public interest is regulated in Law Number 2 of 2012. The government as a policy maker is responsible for the birth of a regulation by looking at it from the perspective of the value of maslahah for the community, especially land owners. Compensation for land acquisition for public interest is one example of a case that can be resolved with this concept, because it is related to worldly matters (muamalah) and social problems. The law in the Qur\u27an and As - Sunnah teaches to create peace in life with the methods that have been given. The problems raised specifically include what are the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land in national law, how is the review of Islamic law related to the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land and how is the reconstruction of the law regarding the period of compensation for the remaining land areas affected by the acquisition of government-owned project land from the perspective of Islamic law and national law. The method used in this study is normative legal research through literature studies using a statutory approach ( Statute Approach ), conceptual, case study and comparison. Therefore, in order to obtain legal certainty and achieve a sense of justice, it is necessary to reconstruct several legal provisions regarding the time period for providing compensation for remaining land areas affected by land acquisition for public interest
Enforcement of Criminal Sanctions for Corruptors with Certainty and Legal Justice
Get PDFCorruption is an extraordinary crime because of its broad impact on the social, political, and economic life of a country. In the context of a state of law, the enforcement of criminal sanctions against perpetrators of corruption must be based on the principles of legal certainty and justice. However, in practice, various problems are still found, such as disparity in sentencing, inconsistent sentencing, and weak deterrent effects. This study aims to examine how the implementation of criminal sanctions enforcement against corruptors can reflect legal certainty and justice in Indonesia. The method used is a normative legal approach with an analysis of laws and regulations, court decisions, and relevant case studies. The results of the study show that even though an adequate legal framework is available, the enforcement of criminal sanctions still faces obstacles in terms of the independence of law enforcement agencies, varying interpretations of the law, and the influence of certain interests in the judicial process. Therefore, a more consistent and transparent reform of the criminal justice system is needed, as well as strengthening coordination between law enforcement officers in order to realize law enforcement that is not only certain, but also fair for all parties.
Keywords: Corruption, Criminal Sanctions, Legal Certainty, Legal Justice, Law Enforcement
Accountability of Land Deed Officials (PPAT) in Overcoming Duplicate and Overlapping Certificates in Indonesia
Get PDFThe formation of the problem of double or overlapping certificates in Indonesia is a crucial issue caused by various factors, such as weak land administration systems, invalid data, lack of physical verification, and inaccurate land boundary mapping. This study aims to analyze the factors that cause double and overlapping land certificates in Indonesia and efforts to provide legal accountability for PPATs related to the existence of double and overlapping land certificates in Indonesia. This study is a juridical-normative study with a conceptual and legislative approach. The results of the study confirm that the Land Deed Making Officer (PPAT) has legal responsibility for errors or violations committed, both in administrative, civil, and criminal aspects. The level of error of PPAT in issuing deeds related to double or overlapping certificates is the basis for determining the form of legal accountability that can be imposed. Therefore, supervision and law enforcement of PPATs are very important to ensure legal certainty and maintain public trust in land transactions
Case Study on Legal Arrangements for Sharia Peer-to-Peer Lending Financing
Get PDFThe fintech business of peer-to-peer lending has experienced a period of considerable growth in recent years. However, it is still the subject of debate and controversy from the perspective of Sharia law. This article aims to analyze Sharia law on fintech peer-to-peer lending businesses, with a particular focus on usury and gharar banking. The methodology employed in this study is descriptive and analytical in nature. This entailed the collection of data from a range of sources, including literature, legal documents, and expert opinions. The findings indicate that the peer-to-peer lending fintech business can be classified as usury and gharar due to the implementation of several practices by the platform, including high interest rates and a lack of transparency regarding the associated risks. From the perspective of Sharia law, usury and gharar are prohibited, as they contravene the principles of justice and balance. Consequently, fintech peer-to-peer lending businesses must adhere to the tenets of Shariah law, such as abstaining from exorbitant interest rates and ensuring transparency regarding risks. In conclusion, fintech peer-to-peer lending businesses must be meticulously analyzed from the perspective of Shariah law to ensure their halalness in Islam. It is also imperative for the government and regulators to prioritize Shariah law aspects in regulating fintech peer-to-peer lending businesse
Facing Digital Transformation: The Role of the Prakerja Program in Enhancing Indonesian Workforce Competencies
Get PDFThe Prakerja Program plays a crucial role in addressing Indonesia\u27s demand for a digitally skilled workforce amid rapid technological and economic transformations. This study assesses the program’s effectiveness by employing the European Digital Competence Framework and Kirkpatrick’s Training Evaluation Model. The analysis reveals that while the program ensures accessibility and provides fundamental digital training, it demonstrates notable deficiencies in advanced skill development, sector-specific training, and practical applications. These limitations impede participants\u27 preparedness for specialized employment in the technology sector, creative industries, and startups. The findings emphasize the necessity of an enhanced curriculum that incorporates advanced, modular training and experiential learning opportunities. To improve the program’s efficacy, this study recommends fostering strategic collaborations with industry stakeholders and implementing inclusive educational strategies. Aligning the program with labor market demands is essential for cultivating a highly competent and adaptable workforce in Indonesia’s evolving digital economy
Land Use Planning And Land Control Analysis On The Buffer Area Of The Asahan Hilir River
Get PDFThis research examines land use planning and land control in the buffer zone of the Asahan Hilir River, a strategic area that intersects between the City of Tanjung Balai and Asahan Regency. North Sumatra Province. The river buffer zone is a protected area that has important ecological functions but is under pressure due to the development of settlements, plantations, and infrastructure that do not align with its intended use. The method used is empirical legal research and case studies, focusing on the inventory of land ownership status and land utilization. The study results show that based on inventory data, there are still settlements established without ownership rights to the land, either in the form of land rights certificates, based on control status, found in the study area in Asahan Regency and Tanjung Balai City totaling 7344 plots, with land rights status or lease status, as well as based on the use and utilization of space, including: community settlements, government and non-government buildings, markets, public facilities, state-owned enterprise plantations, private and community plantations, as well as palm oil mills (PKS) and sand mines. There are conflicts of interest between environmental preservation, regional development interests, and community needs. This research recommends a multidisciplinary approach in reorganizing the river buffer zone, through strengthening regulations, law enforcement, community participation, and the application of incentive and disincentive systems to encourage land use that aligns with its ecological functions.Penelitian ini mengkaji tentang perencanaan pemanfaatan lahan dan penguasaan lahan di wilayah penyangga Sungai Asahan Hilir, kawasan strategis yang berada di antara Kota Tanjung Balai dan Kabupaten Asahan, Provinsi Sumatera Utara. Wilayah penyangga sungai merupakan kawasan lindung yang memiliki fungsi ekologis penting namun mengalami tekanan akibat pembangunan permukiman, perkebunan, dan infrastruktur yang tidak sesuai dengan peruntukannya. Metode yang digunakan adalah penelitian hukum empiris dan studi kasus, dengan fokus pada inventarisasi status kepemilikan tanah dan pemanfaatan tanah. Hasil penelitian menunjukkan bahwa berdasarkan data inventarisasi masih terdapat permukiman yang berdiri tanpa hak milik atas tanah, baik berupa sertifikat hak atas tanah, berdasarkan status penguasaan, yang terdapat di wilayah penelitian di Kabupaten Asahan dan Kota Tanjung Balai sebanyak 7344 bidang, baik berstatus hak atas tanah maupun berstatus sewa, serta berdasarkan penggunaan dan pemanfaatan ruang, meliputi: permukiman masyarakat, gedung pemerintah dan nonpemerintah, pasar, fasilitas umum, perkebunan BUMN, perkebunan swasta dan masyarakat, serta pabrik kelapa sawit (PKS) dan tambang pasir. Terdapat konflik kepentingan antara pelestarian lingkungan, kepentingan pembangunan daerah, dan kebutuhan masyarakat. Penelitian ini merekomendasikan pendekatan multidisiplin dalam menata kembali daerah penyangga sungai, melalui penguatan regulasi, penegakan hukum, partisipasi masyarakat, dan penerapan sistem insentif dan disinsentif untuk mendorong pemanfaatan lahan yang selaras dengan fungsi ekologisnya