1,720,967 research outputs found
The intersection of customary law and Islam: a case study of the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang in the Rejang Tribe, Bengkulu Province, Indonesia
No full textThis article examines the intersection between customary law and Islamic law in the Rejang tribal community, focusing on applying the Kelpeak Ukum Adat Ngen Ca’o Kutei Jang. Even though positive law is in force, the Rejang tribe in Rejang Lebong Regency still maintains their customary law, upheld and enforced by jenang kutei or village judges. This article uses normative legal methods by adopting conceptual, comparative and futuristic approaches. The descriptive-prescriptive method is used and collected data is analysed using the content analysis method. The results show that jenang kutei has an active role in solving community problems, not only for the Rejang tribe but all those who interact with them. This article also showcases how customary law applied by jenang kutei interacts with Islamic law, which is also widely followed in this community. It finds that a synergy and harmony between customary law and Islamic law has contributed to society’s harmony. Applying customary law and the role of jenang kutei shows a peaceful settlement of problems, avoiding resentment in society. Using the example of jenang kutei, this article provides valuable insight into how communities can maintain their traditions and customary laws while adhering to their religious teachings
AI Judges and the Future Revolution of the Judicial Profession in Indonesia
Get PDFThe implementation of AI in the criminal justice system can enhance efficiency, transparency, and fairness in legal decision-making by efficiently managing information and providing legal considerations based on objective data. In Indonesia, although the Supreme Court has initiated technology-based innovations such as e-Court and Smart Majelis and is considering the concept of AI Judges, technical, legal, and ethical challenges must still be carefully addressed. The application of AI must take into account the specific aspects of Indonesia\u27s legal system, ensure algorithmic transparency, and protect human rights. This research employs a doctrinal (normative) legal approach, utilizing legal materials including primary, secondary, and tertiary sources. The approaches used are the conceptual approach, comparative approach, and futuristic approach. The nature of the research is descriptive-prescriptive, and the data analysis method employed is content analysis. The results of the research indicate that the application of AI in Indonesia’s judiciary has significant potential to improve efficiency and justice, but must be done cautiously and wisely. AI should be used as a supportive tool for human judges, rather than fully replacing them. The concept of AI Judges, where AI plays a role in legal decision-making, must be accompanied by regulations that ensure transparency, accountability, and the protection of human rights. With a careful and ethical approach, AI can be a significant innovation in the judicial system, helping to achieve faster, simpler, and more efficient justice in line with the fundamental legal principles of Indonesia and the values of Pancasila
PENAL MEDIATION AS A MEDICAL DISPUTE SETTLEMENT FOR HOSPITAL MALPRACTICE CASES IN INDONESIA
No full textPenal Mediation is an alternative form of case settlement that originates with the idea of restorative justice. Seeing a large number of medical personnel being convicted in malpractice cases (primum remedium), mediation in dispute settlement for malpractice cases in hospitals becomes the concept of victim protection, harmonization, and overcoming rigidity/ formality in the applicable system.
Therefore, the purpose of this study is to find solutions to avoid the adverse effects of the Criminal
Justice System with the concept of mediation as an effort to resolve malpractice cases in the
future. This paper used normative legal research or library research with a statute, conceptual, and
comparative approach. The nature of the research used in this study is descriptive-prescriptive. The
author used content analysis. The findings of this study are meant to provide an alternative solution
to punishment which should be a last resort (ultimum remedium) from law enforcement in the form
of non-litigation settlement through mediatio
Dark Web Crime: Criminal Law Challenges in the Era of Cybercrime
Get PDFincreasingly complex cybercrimes, particularly those occurring on the Dark Web. This hidden part of the internet, accessible only through specialized software such as Tor and I2P, has become a hub for various illegal activities, including drug trafficking, financial fraud, data breaches, human exploitation, and cyberattacks. The primary challenge in combating Dark Web crimes lies in the high level of anonymity afforded by encryption, decentralized digital currencies like Bitcoin and Monero, and jurisdictional limitations in law enforcement efforts. This study employs a normative legal research method with a conceptual and comparative approach to analyze global legal frameworks, enforcement strategies, and jurisdictional complexities in prosecuting Dark Web crimes. The findings indicate that existing criminal laws struggle to address the dynamic nature of cybercrime, necessitating continuous legal reform, stronger international cooperation, and advanced forensic technologies. Additionally, balancing cybersecurity enforcement with digital privacy rights remains a contentious issue in global legal discourse. This study recommends the harmonization of cyber laws, stricter regulations on cryptocurrency transactions, and improved international legal collaboration to effectively combat Dark Web crimes
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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