Jurnal Hukum dan Peradilan
Not a member yet
340 research outputs found
Sort by
A Cross-Jurisdictional Exploration of Inadvertent Negligence in Legal Theory and Practice
Full text linkThis paper explores the complexities of criminal liability for inadvertent negligence through a comparative and interdisciplinary approach. While civil law jurisdictions, such as Germany, embrace a broad scope for criminal negligence, common law systems, including those in the United States and the United Kingdom, and typically restrict criminal liability to more severe forms of negligence. By integrating legal theory with philosophical and psychological perspectives, this study examines the moral and cognitive dimensions of negligence. It proposes a framework for a more just and effective legal system. The findings highlight significant disparities between legal systems and provide recommendations for harmonizing definitions, enhancing judicial training, increasing public awareness, and promoting international dialogue. This research contributes novel insights into the application of negligence laws and advocates for a balanced approach to criminal liability
The Supreme Court and Islamic Family Law Reform: A Review of Policy Direction and Implementation Challenges
Full text linkThe reform of Islamic family law is not only related to legal matters but also to the social and cultural values surrounding it. In Indonesia, the development of Islamic family law has relied on the government and the legislature, as reflected in the enactment of the Marriage Law and the Compilation of Islamic Law. However, the lengthy legislative process, which is often laden with political interests, makes it difficult to accelerate legal reform. This study aims to analyze the role of the Supreme Court, particularly the Religious Chamber, as an institution with the potential to expedite the reform of Islamic family law through its judicial authority. applying a qualitative method and descriptive analysis, this research finds that the Supreme Court contributes significantly to Islamic family law reform through progressive decisions and the Plenary Meetings of the Religious Chamber producing legal formulations. The main findings show that the reform agenda promoted by the Supreme Court focuses on strengthening the protection of women’s and children’s rights. The study also identifies two major challenges in implementation: variations in judges’ adherence to the plenary formulations and limited public access to information regarding the plenary outcomes. These findings underscore the importance of optimizing the role of the Supreme Court as a strategic driver in accelerating the reform of Islamic family law in Indonesia
Acting Rightly For The Right Reason: Joseph Raz’s Philosophical Thoughts About Authority
Full text linkA philosophical analysis of Joseph Raz’s conception of authority critically examines his claim that the obligation to obey the law is not absolute and is put as the main concern of this article. It highlights the inherent tension between legal rules and moral justification, the raising question of whether a legal system can maintain legitimacy without a convincing ethical foundation. For Raz, authority recognized within a legitimate legal system cannot rely solely on rule-based commands; it must also guide individuals in making morally sound decisions, especially in complex and conflicting circumstances. The article examines how legal systems can building public trust not merely through authoritative resolution, but by reflecting justice-oriented values realized by society., According to Raz, authority achieves legitimacy when it enables individuals to act rightly for the right reasons. Thus, law should not be viewed solely as an instrument of power, but as a moral framework fostering ethical responsibility. The article concludes that legal legitimacy requires the integration of moral values into both legal reasoning and practice, ensuring that authority is not only legally binding but also ethically accountable
The Potential of Generative Artificial Intelligence Based on Applications in Judicial Supervision in An Efforts to Reduce Corruption, Collusion, and Nepotism
Full text linkTime has become more advanced and artificial intelligence technology AI (Artificial Intelligence) is developing rapidly. Electronic court-based court technology (e-Court) is starting to become commonplace in the Supreme Court Jurisdiction. However, in practice, the behavior of corruption, collusion, and nepotism still occurs recently in the Supreme CourtJurisdiction, ranging from cases of bribery of judges in handling cases, arrogant behavior of judges in trials, to the behavior of judges or employees committingethical and legal violations. It seems like an endless stream of incidents that should not exist, due to technological advances, are instead emerging. This research aims to provide new ideas regarding the potential of Generative. Application-based AI (Artificial Intelligence) in the context of Judicial Supervision to reduce corruption, collusion, and nepotism behavior. This study applies a library research approach study (Literature Study) with an analytical prescriptive method (analytical method using legal materials and information and communication technology materials to produce appropriate recommendations in application-based decision making) and application-based legal hermeneutics (interpretation). The results of this research data indicate that there is a fairly large anomaly, where advances in information and communication technology have not been able to suppress the behavior of corruption, collusion, and nepotism in the judiciary. This problem emerged the idea of using application-based Generative AI (Artificial Intelligence) in judicial supervision management. Generative AI (Artificial Intelligence) is a type of AI that can create new content and ideas
Gender Bias in The Indonesian Correctional System: A Legal Analysis of Human Rights Protection Gaps for Female Prisoners
Full text linkThe correctional system in Indonesia is designed to rehabilitate prisoners humanely, without discrimination. However, in practice, female prisoners often face inequal treatment due to correctional structures and policies that are still gender biased. This article aims to analyse the gap in human rights protection for female prisoners in Indonesia through a normative legal research approach supported by empirical data, which is then analysed qualitatively. The results of the study found that although the national legal framework already includes human rights principles, in practice, female prisoners still face various structural injustices and gender bias, such as a lack of reproductive health facilities, insufficient protection from violence, and limited access to women-friendly basic services. This article concludes that there is a need for policies to guide the treatment of female prisoners and to strengthen oversight mechanisms to ensure the fulfilment of human rights for female prisoners. This study contributes to developing a more just and equitable correctional law
Harmonizing Judicial Data Protection Standards Between The EU and US
Full text linkIn the digital age,the protection of personal data has become a crucial issue, often leading to conflicts between regions with differing legal and cultural values. The European Union (EU) and the United States (US) represent a prominent example of such a divergence, with the EU emphasizing stringent data protection measures and the US prioritizing economic and security interests. These differing approaches have resulted in significant challenges for transatlantic data flows, notably highlighted by the invalidation of the EU-US Privacy Shield by the Court of Justice of the European Union (CJEU). This essay aims to explore the complexities of privacy and data protection within the context of transatlantic relations, providing a comprehensive analysis that bridges empirical data and theoretical insights. The study seeks to identify the economic, operational, and legal impacts of regulatory divergences and propose evidence-based policy recommendations to harmonize data protection standards between the EU, and the US. The research employs a literature study method, systematically reviewing scholarly articles, legal texts, case law, and policy documents related to data protection and privacy. It integrates Socio-Legal Theory to analyze the intersection of legal frameworks, social practices, and cultural attitudes. Empirical data is gathered through qualitative and quantitative analysis, focusing on the economic impacts, compliance challenges, and legal risks associated with transatlantic data flows. The findings reveal significant economic costs and compliance burdens for businesses due to the absence of stable data transfer mechanisms. Legal risks and judicial consequences under the EU’s GDPR further exacerbate these challenges. The study identifies specific areas where regulatory harmonization is possible, offering policy recommendations grounded in empirical data to enhance data protection standards and facilitate smoother data exchanges. By combining empirical analysis with theoretical insights, this research contributes to a nuanced understanding of data protection and privacy, essential for informed policy-making and effective judicial practice
The Authority of Judges in The Application of Restorative Justice for Children in Indonesia
Full text linkThis study aims to analyze the authority of judges in applying the principle of restorative justice in cases involving children in conflict with the law and the obstacles to its implementation. The research approach uses a normative legal method with a legislative, conceptual, and case approach. Secondary data were collected through a review of six main laws, eight court decisions, and twenty-five related academic sources, then analyzed qualitatively using deductive reasoning. The results show that the authority of judges in applying restorative justice is based on the value of substantive justice as stipulated in Supreme Court Regulation Number 1 of 2024. However, its implementation is still hampered by regulatory inconsistencies between law enforcement agencies, a low level of understanding among officials and the public, and the absence of uniform technical guidelines. This study emphasizes the need for regulatory synchronization and capacity building among officials to ensure the effective and fair implementation of restorative justice oriented towards the best interests of children in Indonesia
Bridging The Gap: Reconciling Privacy Data Protection With Indonesian Collectivism
Full text linkThis article analyzes the interplay between Indonesia’s collectivist cultural values and the implementation of Law No. 27 of 2022 on Personal Data Protection (Law No. 27/2022). The Law faces significant challenges in a society where awareness of data privacy remains low. This article utilizes a socio-legal research methodology to explore the cultural factors influencing Indonesian societal attitudes and behaviors towards data privacy. The article begins by outlining the core regulatory framework of Law No. 27/2022, comparing its implementation within individualistic and collectivist contexts. It highlights the inherent tension between the Law’s emphasis on individual data rights and Indonesia’s deeply ingrained collectivist values, which prioritize communal harmony and open information sharing. This cultural tendency often overshadows concerns about potential security risks, hindering the Law’s effective implementation. To bridge this gap, the article proposes a “hybrid” approach that integrates international data protection standards with culturally relevant strategies. This includes emphasizing the collective benefits of data protection, framing it as a shared responsibility to protect the community’s well-being. Furthermore, the article stresses the importance of public education campaigns tailored to resonate with Indonesian cultural values. By empowering individuals with knowledge and legal awareness, the article argues that Indonesia can foster a more balanced approach to data protection that respects both individual rights and collective harmony
Cumulation of Lawsuits Between Administrative Decisions and Factual Actions in Administrative Court Decisions
Full text linkThe concept of Administrative Decisions (KTUN) has evolved considerably since the promulgation of the Government Administration Law (AP Law), especially with the broadening of disputed objects to cover governmental actions. This change was further reinforced by Regulation of Supreme Court Number. 2 of 2019, transferring jurisdiction over tort claims against government officials from the GeneralCourts to the Administrative Courts (PTUN). However, its implementation remains challenging, especially regarding the cumulative filing of KTUN and tort lawsuits, remaining unregulated explicitly, as referred to in Supreme Court Decision No. 343 K/TUN/TF/2024 and number 594 K/TUN/TF/2024. The core issues include the ratio legis behind the expanded interpretation of KTUN under AP Law, judicial reasoning in accepting the accumulation of disputed objects and formulating an ideal concept for combining KTUN and factual actions in one claim. This research adopts a normative (doctrinal) method with a casuistic-conceptual approach. The findings indicate that the expansion of KTUN under AP Law aims to enhance legal protection for citizens against administrative actions, promote good governance, ensure governmental accountability, and broaden the supervisory role of PTUN. Supreme Court Decisions Number 343 K/TUN/TF/2024 and Number 594 K/TUN/TF/2024 affirm that cumulative claims involving KTUN and factual actions are permissible when both share a strong legal correlation as part of a single administrative series. The ideal concept of cumulative lawsuits includes close legal relevance, consistency among the object, legal grounds, and claims, support for a swift, simple, and low-cost judicial process, promotion of legal utility, prevention of conflicting rulings, and avoidance of prohibited claim mixing
Ensuring Justice in Child Support After Divorce: A Jurimetric Review of at Religious Court of Demak Decision
Full text linkChild support is a fundamental right ensuring a child\u27s welfare even after the parents\u27 divorce. In Indonesia, the father is legally obligated to provide both retroactive child support (madhiyah) and prospective child support. However, in practice, the enforcement of these obligations remains inconsistent, and the absence of objective instruments in determining the amount of support creates disparities and weakens the protection of children\u27s rights. This study aims to analyze how judges at the Court of Demak interpret and apply the law regarding retroactive and prospective child support). Using a normative juridical method supported by jurimetric analysis, this research finds that the Religious Court of Demak’s decision concretely guarantees both types of child support through measurable instruments. Retroactive maintenance is determined using a historical audit model based on proven expenses, while prospective maintenance applies a dynamic projection model adjusted to inflation. The decision demonstrates a progressive judicial effort to ensure objective justice, accountability, and long-term legal protection for children within Indonesia’s family law system