Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
Not a member yet
12648 research outputs found
Sort by
Implementation of Artificial Intelligence in Law Enforcement in Indonesia
No full textAI helps automate routine tasks, detect fraudulent activities, and provides valuable insights for risk assessment in the banking industry. Meanwhile, in the health sector, AI helps in early disease detection, treatment planning, and telemedicine, thereby facilitating health services. The approach method in this research is to use a normative juridical approach, namely a process for finding legal rules, legal principles and legal doctrines in order to answer the legal issues being faced. Data sources are obtained from statutory regulations, journals, papers, and others. The research results show that AI as a tool or device in law enforcement is more appropriate for assisting law enforcement regarding administrative techniques, prevention efforts, and finding perpetrators of criminal acts. AI cannot replace determining justice or policy, because AI does not have feelings, intention and conscience. In facing an era of rapid development of Artificial Intelligence (AI) Technology, the legal challenges that arise require a wise and holistic response
Spatial Analysis and AI Integration in Land Procurement Policies for Sustainable National Strategic Projects: Insights from PSN Cases in Central Java
No full textThis study investigates the application of spatial analysis and AI in the implementation of National Strategic Projects (PSN) in Indonesia, focusing on the impact of using these tools in reducing social, economic, and environmental conflicts associated with PSN development. The analysis examines the PSN land location determination process, investigates the role of spatial utilization analysis and AI in this process, and assesses the impact of using spatial analysis and AI in PSN implementation. The findings indicate that 33.33% of the Land Acquisition Planning Document (DPPT) processes employ spatial analysis and AI, primarily in estimating land value and location credentials. This suggests that the integration of spatial analysis and AI is becoming increasingly important in the land acquisition process for PSN. Additionally, the study reveals that the perception of using spatial analysis and AI to reduce conflict with the community, reduce stakeholder conflicts of interest, enhance PSN financing efficiency, and optimize PSN operational efficiency is high, reaching a score of 7.20. The study concludes that the integration of spatial analysis and AI in PSN implementation can significantly reduce conflicts associated with the projects. This is achieved by providing a logical framework that scientifically reduces conflicts through the application of spatial analysis and AI in estimating land value and location credentials. The study recommends that the Indonesian government and other stakeholders involved in PSN development should prioritize the integration of spatial analysis and AI in their planning and implementation processes to ensure more efficient and sustainable project outcomes
Shifting Legal Paradigms in The Digitalization Era
No full textHumans now live in a modern civilization that demands everything to be fast, effective, and efficient. Modernity has become an identity that seems to be inherent in all aspects of human life. Cyberspace has been deliberately created to facilitate human work or interaction between people in different locations. However, many users misuse this convenience, leading to cybercrime, which creates new problems that must be addressed by the government regarding regulations in the national legal system and the handling of cybercrime
Model and Implications Failure to Pay Insurance Claims in Indonesia
No full textInsurance can occur because of an agreement, namely an agreement between the Insurance Company and the Customer through an agent. The customer is the weak party, so in the insurance agreement a customer needs to be protected.The aim of this research is to find out and analyze forms of protection for customers who fail to pay and to find out and analyze the factors that cause insurance companies to fail to pay insurance claims. The approach methodology used is a normative juridical method supported by field data, namelyu using secondary data which is supported by primary data and analyzed descriptively qualitatively. The research results obtained show that customers need to be protected based on legal protection theory because customers are in a weak position, they easily trust insurance companies as companies that provide protection against the risks faced and the factors that cause insurance companies to fail to pay insurance claims are one of them is not implementing it according to the provisions of the law (Insurance Law). Another reason is that the company's financial condition is not healthy, the implementation of risk management in the company is not optimal
Harmonization Of The Formation Of Village Regulations Based On Law Number 6 Of 2014 Concerning Deca
No full textThis research aims to discuss the harmonization of the formation of autonomous village regulations based on Law Number 6 of 2014 concerning Villages. The enactment of the Village Law also has an impact on the autonomy of the Village Government and the formation of Autonomous Village Regulations. In practice, the eventual formation of Village Regulations gave rise to various juridical problems. The approach to this legal research is normative legal research. The specifications for this legal research are analytical descriptive. The sources of this legal research are sources of primary legal materials and secondary legal materials. The data collection and retrieval procedure used is a literature study. The results of this research are: 1). The village is the lowest government organization, which is appointed directly by the regent. The village head has the authority and responsibility in village government, in the form of managing his own household which is the main organizer and person responsible in the fields of government, development and society in the context of administering village government affairs. 2) In implementing village autonomy, village regulations have a strategic role in driving the wheels of village governance and development. For this reason, an arrangement is needed that can make village regulations harmonious, namely: First, office holders must convey good communication about village regulations so that harmonization of village regulations is carried out which is autonomous and adheres to the principle of hierarchy of statutory regulations. Second, the Village Government should be given freedom because the village regulations and the position of the village's own regulations to run the government system have been established without any influence from other regulations because the village has been given village autonomy authority by the central government. Third, the community is expected to participate actively in forming village regulations that are aspirational and in line with the hopes and needs of village resident
Case Analysis Of Pt. Lekom Maras Pangabuan Against The Indonesian National Arbitration Board And Pt. Pertamina Based On Law Number 30 Of 1999 Concerning Arbitration And Alternative Dispute Resolution
No full textThis legal writing discusses the resolution of disputes between PT. Lekom Maras Pangabuan Against the Indonesian National Arbitration Agency and PT. Pertamina Based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In writing this law, it uses a type of normative legal research, with a statutory approach and a case approach. The legal materials used are primary legal materials, namely Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Results of this research. Unlawful Acts committed by PT Pertamina EP as the Defendant after being analyzed through Supreme Court decision No. 681 K/PDT/2014 is not proven and if we look at Law Number 30 of 1999, the action of the South Jakarta District Court in overriding the arbitration clause cannot be justified, because clearly in the Arbitration Law in Article 3 it states "if the parties have bound by an arbitration agreement, the District Court has no authority to adjudicate." Then, if you look at Law Number 30 of 1999, the case that occurred between the two parties is a dispute that falls within the authority of arbitration, namely in the trade sector, the parties also agreed to resolve the dispute through arbitration before the dispute occurred. Because since the parties entered into an arbitration agreement, the parties are absolutely boun
Legal Analysis of the Validity of Letter C as Evidence of Land Ownership in Resolution of Land Disputes
No full textThis study aims to analyze the legality of Letter C as evidence of land ownership in resolving land disputes in Indonesia. Letter C, which is an administrative document used since the Dutch colonial era, is often considered as evidence of land ownership by the community, especially in rural areas. However, in the national land law system, Letter C is not recognized as valid evidence of ownership. This study aims to analyze the legal position of Letter C and identify obstacles and solutions to the use of Letter C as evidence in the process of resolving land disputes in Indonesia. The research method used is the legislative approach, namely legal research conducted by prioritizing researching library materials or also called secondary materials, in the form of normative law and how it is implemented in practice. This research is supported by data used in order to obtain materials for analysis related to the responsibility of Notaries in making foundation deeds for falsifying the identities of the parties. The theories used in this research are the theory of responsibility and the theory of legal certainty. The results of this study indicate that Letter C has a weak position as evidence of land ownership. Although it is still used by the community, especially in areas that have not been officially registered, the legal validity of land ownership can only be proven through a land certificate issued by the National Land Agency (BPN). Therefore, efforts are needed to increase public understanding of the importance of land certification and harmonization of regulations to provide legal certainty in land ownership.Keywords: Certainty; Dispute; Legal; Regulations
The Role of Notaries in Resolution of Inheritance Rights Disputes by Mediation in Demak Regency
No full textAbstract. The author uses a type of research using a qualitative descriptive approach with a case study method which aims to describe and objectively analyze social phenomena that occur in society. Primary data collection in this research was carried out through interviews. Based on the research results, the conclusion was obtained to eliminate and eliminate discrimination in the form of formal and official/institutional forms that make proof of heirs for Indonesian citizens, the Notary can play a role as the only party (official/institution) that can make proof as an heir. As a Notary who lives in an independent country, the Notary must actively participate in implementing the values of independence in a real action. The Notary must be ready to be an agent of renewal and the only official authorized to make proof of heirs in the form (formal) namely the Certificate of Inheritance for all Indonesian citizens, without being based on class/ethnicity/tribe/or religion
Legal Effort Undertaken by Notaries in Restoring Their Good Name From Sanctions Imposed by The Notaries Supervisory Council
No full textAbstract. As a public official in the preparation of authentic deeds, a notary public has a role in ensuring certainty, order, and legal protection in the preparation of deeds as regulated in the Notary Public Law and other laws and regulations. However, in carrying out their duties, a notary public is under the supervision of the Notary Supervisory Board. If proven to have violated statutory provisions or the code of ethics, they will be subject to sanctions such as verbal warnings, written warnings, temporary dismissal, or dishonorable dismissal. This study aims to analyze the forms of legal efforts that a notary can take to restore his good name, as well as to examine the effectiveness of these recovery mechanisms within the framework of legal protection for notaries. This research uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Notary Law and its implementation. Data obtained using literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study indicate that legal remedies that can be taken include administrative objections, appeals to the Notary Honorary Council, and lawsuits to the State Administrative Court. However, there are still challenges in its implementation, such as a lack of transparency and accountability in the supervisory process and the less than optimal restoration of good name both formally and socially. Therefore, it is necessary to strengthen regulations and legal protection mechanisms that are more in favor of the principles of justice and the human rights of Notaries as citizens
Legal Protection of Inheritance Rights of Children from Unregistered Marriages (Analysis of Supreme Court Decision No. 671 K/Ag/2015)
No full textAbstract. A valid marriage in Indonesia requires its implementation in accordance with religious law and registration by an authorized official for legal certainty. Children born from unregistered marriages have only a civil relationship with the mother and her family. However, the inheritance rights of children from unregistered marriages have undergone progressive development through jurisprudence. This study aims to analyze the legal status of inheritance rights of children from unregistered marriages within the context of legal certainty and to examine the legal protections afforded to these children. This research method uses normative legal research. The approaches used are the statute approach and the conceptual approach. The data type is qualitative, and the data sources are secondary data. The data collection method is through literature review, while data analysis is conducted descriptively. The research findings indicate that although unregistered marriages are religiously valid, the lack of administrative registration traditionally limits children's rights. However, Constitutional Court Decision No. 46/PUU-VIII/2010 has recognized the civil relationship of children with their biological fathers based on scientific or other evidence. Supreme Court Decision No. 671 K/AG/2015 further affirmed the inheritance rights of children from unregistered marriages, prioritizing the principle of substantive justice in accordance with Gustav Radbruch's Theory of Legal Certainty. Legal protection for children, as stipulated in Law No. 35 of 2014 concerning Child Protection, applies without discrimination based on origin. Legal remedies for obtaining legitimate child status for children from unregistered marriages include Marriage Confirmation in the Religious Court for Muslims, and marriage registration in the District Court for non-Muslims, which then facilitates the issuance of complete birth certificates. Nevertheless, challenges in the implementation and access to comprehensive children's rights remain, demanding more holistic and proactive policy reforms.