Jurnal Hukum dan Peradilan
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AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence
Full text linkThis in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system\u27s integrity. This research emphasizes the need to consider each country\u27s unique legal, cultural, and social context when adopting AI into their legal systems
The Role of Law Enforcement Officials: The Dilemma Between Professionalism and Political Interests
Full text linkThis study delves deeply into the complex dilemma between professionalism and political interests that often grip performance and shape public perceptions of law enforcement officials. With a phenomenological approach applied through integrative and connective literature analysis, this study combines various perspectives, combining findings from multiple relevant studies to create a more holistic and comprehensive understanding. The conclusions of this study firmly state that strengthening the professionalism of law enforcement officers is a significant endeavor because professionalism in law enforcement is an essential foundation for upholding justice, transparency, and human rights. Achieving a high level of professionalism requires a holistic and integrated approach, including institutional reform, adequate supervision, continuing education, and developing a robust organizational culture. Success in law enforcement depends on the strict application of rules and building positive relationships between law enforcement officers and the communities they serve. Through community-based approaches, respect for human rights, and a commitment to integrity and accountability, law enforcement systems can be strengthened to ensure fair, transparent, and trustworthy justice
Land Problems and Legal Impact for Agrarian and Spatial Planning Officers
Full text linkThe Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is a government institution with the authority to carry out duties and functions of public services in agrarian, spatial planning and land. The development of land law issues in society has involved many officials from the Ministry of ATR/BPN as implementers of agrarian and land sector functions. The impact is the emergence of a sense of anxiety and worry felt by the Ministry of ATR/BPN officials when carrying out their duties. It is because if the land administration services provided by the Ministry of ATR/BPN are not thorough and careful, there are many gaps in legal violations, not only administrative and civil but also criminal. If the implementer of agrarian and land functions is a Civil Servant (PNS) and becomes a suspect in a legal case, he will be temporarily dismissed. He will not receive income from the Government Regulation on Civil Servant Management. Therefore, the problem that will be studied in this paper is the legal impact of land problems on the implementers of agrarian functions. This study explores the potential legal risks that implementers of agrarian functions can experience amidst the development of problematic land issues. The method used in this study is qualitative with a normative juridical approach. A normative juridical approach examines the legal rules and regulations that apply to answer legal problems. The results are that the administrative services carried out by the Ministry of ATR/BPN cannot be seen solely as part of administrative law. This is because the administrative services carried out can impact a person\u27s legal ownership/civil status. Existing law enforcement instruments differentiate the judicial process for administrative, civil, and criminal violations
Reforming Legal Decision-Making: A Study of Hindsight Bias on Judicial Impartiality
Full text linkLegal decision-making is heavily influenced by cognitive processes like memory and judgment, which are vulnerable to biases such as false autobiographical memories, hindsight bias, and pretrial publicity. These flaws can lead to wrongful convictions, biased negligence assessments, and compromised impartiality, undermining legal fairness. This study examines these cognitive vulnerabilities, analyzing their mechanisms and proposing strategies to reduce their impact. A literature review of empirical research from 2018 to 2023 integrates findings from psychology, neuroscience, and law. The study highlights how these biases affect legal outcomes and suggests practical solutions like simplified judge instructions, structured interrogation protocols, and bias awareness training. The research uses Cognitive Load Theory, aiming to enhance the integrity of legal processes and provide evidence-based recommendations to improve the fairness and accuracy of legal decisions
Dualism In The Settlement of Jinayat Cases, Which Includes General Crimes in Sabang City
Full text linkImplementing jinayat law enforcement in Sabang of Aceh Province experiences a dualism of settlement, which causes legal uncertainty. This can be observed in practice where the Sabang District Court instead adjudicates cases that should be under the jurisdiction of the Sabang Sharia Court. This article elaborates on the dualism in the settlement that occurs and identifies the causes of the dualism in the settlement of criminal cases using Soerjono Soekanto\u27s law enforcement factor theory. Based on that, efforts were found that could be made to overcome this dualism. The analysis results indicate that the dualism of settlement can be observed through 6 (six) cases that should be under the jurisdiction of the Sabang Sharia Court but were adjudicated by the Sabang District Court, the majority of which are minor-related cases. There are cases where the same defendant is tried in close succession in both judicial institutions for similar acts with different victims. It happens due to various factors, such as the legal factor: inadequate provisions regarding minors at Qanun Jinayat. Law enforcer factor: other views on minor-related cases and a lack of precision in implementing existing law. Facilitating factor: unavailability of detention rooms at Sabang Sharia Court and budget for executions. Society factors: public lack of legal knowledge. Based on the results of this identification, efforts can be made to include professional law enforcement, harmonization of judicial authority through internal agency regulations, and evaluation of moral offenses in the Qanun Jinayat
Reforming Indonesian Criminal Justice: Integrating Recidivism Risk Assessment for Fair and Effective Sentencing
Full text linkThe major goal of this study is to develop a contextually appropriate and nuanced framework for incorporating recidivism risk indicators into sentencing recommendations in Indonesia. This research seeks to bridge the gap between global best practices and Indonesia\u27s unique sociocultural setting by performing a deep investigation of the cultural and legal intricacies particular to Indonesia and comparing worldwide methods. The study also highlights the significance of pre-sentence investigations in obtaining a complete picture of offenders\u27 histories and habits and so shaping sentencing choices. The study\u27s approach includes a comprehensive review of relevant Indonesian literature, laws, and case law. The methods include a comparative study that draws parallels between domestic and international norms in places like the USA, UK, DE, and FR. The research recommends risk factor criteria that are particular to Indonesia, taking into account the country\u27s culture and legal system. Juvenile imprisonment, elements in sexual crimes against minors based on age, and complex conceptions of interpersonal connections are all examples of these aspects. The study supports using these culturally sensitive characteristics into sentencing standards to improve the judicial system in Indonesia. The report also emphasizes the significance of pre-sentence investigations in providing judges with comprehensive data for making fair and effective sentences. This study promotes continuing discussion and growth within Indonesia\u27s criminal justice system by filling in knowledge gaps and providing concrete recommendations for better incorporating recidivism risk variables into sentence guidelines
Optimizing Civil Construction Litigation In Indonesia: A Comprehensive Framework For Efficiency, Expertise, And Equity In Dispute Resolution
Full text linkDelays, excessive expenses, and a decline in public confidence come from the specialized nature of civil construction litigation in Indonesia. Several efforts have been made to improve civil construction litigation in Indonesia, such as introducing procedural reforms to expedite case processing times, increasing access to mediation and alternative dispute resolution (ADR), and the occasional involvement of technical experts to assist judges in understanding complex construction issues.  Unresolved problems continue despite current attempts; a complete system redesign is required. This paper attempts to fill such knowledge gaps and provide fresh approaches to civil construction litigation in Indonesia. This study provides a comprehensive strategy to improve litigation effectiveness, efficiency, and professionalism by incorporating worldwide best practices and offering practical solutions. The research takes a methodical look at effective models in the UK, Germany, France, and Japan. It identifies critical issues in the Indonesian setting and develops specialized procedural tools like "Case Management Information Tables" and "Case Management Plan Tables." A long-term vision for the legal framework is also discussed, along with strategic approaches to expert evidence, creating a qualification and assessment system, the participation of active-standing technical advisors, and more. The study produces a versatile and all-encompassing structure for civil construction litigation in Indonesia. The research fills a need in the literature by providing valuable resources and fresh ideas for improving efficiency in legal procedures, bolstering the credibility of expert testimony, establishing stringent qualifying criteria, and encouraging long-term flexibility. The public\u27s faith and confidence in the Indonesian legal system are bolstered due to these contributions, which increase the process\u27s efficiency and justice
Strengthening Independence: Constitutional Interests As A Paradigm For Judicial Review In Indonesia
Full text linkThe existence of a constitutional injury requirement since Constitutional Court Decision Number 006/PUU-III/2005 was strengthened by Constitutional Court Regulation Number 2 of 2021. In fact, 34 cases in the last 3 years have been ruled inadmissible due to the issue of not fulfilling the requirements of constitutional injury. Some of them are about the New Criminal Code and the Law on Villages, which are considered urgent to be tested but are hampered by the fulfillment of the constitutional injury requirement. This research will prove that the constitutional injury requirement has distorted the independence of the Indonesian Constitutional Court. On the other hand, constitutional interests is a paradigm for restoring the independence, analyst and comparison have provided answers to the issues raised. The results of normative legal research with literature study show two important things. First, the requirement of constitutional injury undermines independence, so it must be eliminated and accompanied by a supporting paradigm that allows it to be eliminated. Second, applying the paradigm of constitutional interests as a condition for fulfilling legal standing. Systematically, constitutional interests are a manifestation of the independence of the Indonesian Constitutional Court by removing obstacles for the public to achieve access to justice
Analysis Of Opportunities For Implementing The Amicus Curiae Concept As A Form Of Public Participation In The Judicial System In Indonesia
Full text linkThis research uses the normative juridical method, and it aims to determine the amicus curiae mechanism in the Indonesian legal system. The research results show that the implementation of amicus curiae in the judicial system in Indonesia still needs a common perspective among judges, where there are still judges who accept or reject this concept or do not even consider it at all. The concept of amicus curiae in the Indonesian legal system has yet to be a significant consideration because no explicit regulations accommodate it. Still, it is often stated that the position of amicus curiae is embodied through Article 5 of Act Number 48 of 2009 on Judicial Power, which mandates judges to explore, follow, and understand legal values and a sense of justice that lives in society. In line with these provisions, the judge has the authority to provide space and open up the broadest possible information and opinions from various groups who pay special attention to a case being examined. Judges using amicus curiae in their considerations, both from a philosophical, sociological, and juridical perspective, aim to prioritize legal certainty and provide justice with the participation of society. The research then provides a suggestion that the Supreme Court of the Republic of Indonesia can issue a Policy Circular or through a Decree of the Chief Justice of the Supreme Court regarding guidelines that judges can use to implement amicus curiae and how to assess the quality of information in amicus curiae
Criminalizing Non-Compliance with Civil Execution Orders: A Strategy for Enhancing Legal Certainty and Business Efficiency
Full text linkPeople seeking justice through civil justice often complain about legal uncertainty in terms of execution, because the execution procedure for civil cases does not have definite time period, especially when the Defendant takes other legal remedies such as opposition lawsuits and civil lawsuits, the execution process is also postponed. Moreover, when the losing party uses resistance methods in the execution time, the execution is also postponed. Therefore, this research aims to obtain the value of legal certainty regarding the implementation of the execution, because the losing party or related third parties can pursue a lawsuit against the execution which can prevent the execution. The target of this research is to create a policy model for resolving legal issues related to execution in order to create a sense of legal certainty and justice for the plaintiff (the winning party). The method used is normative juridical with a conceptual approach, statutory approach, comparative approach and philosophical approach. The findings of the research are that: non-compliance with legally binding decisions is still a form of civil contempt because it belongs to the civil domain, it is constructive (indirect) contempt because the execution of a civil case is the last part of the hearing process, so the action is id entified as disobeying a court order occuring when an act that should or should not be carried out by someone ordered or requested by the court in carrying out his or her functions cannot be fulfilled by the person who was ordered. So this unlawful act can be qualified as a criminal act as regulated in Article 281 paragraph (1) of Law Number 1 of 2023 on the Criminal Code (KUHP)