Proceeding of International Conference on The Law Development For Public Welfare
This International Conference is a routine activity held by Faculty of Law, Sultan Agung Islamic University (UNISSULA), every year, in order to provide discussion of thoughts and research results related to the development and thinking of legal science. This conference aims to bring together researchers, academics, scientists, students, and practitioners to participate and present their thoughts and latest research findings related to the role of law as a means of protecting human rights in the realization of public welfare.
UNIVERSITAS ISLAM SULTAN AGUNG (UNISSULA)
Authors who publish with this journal agree to the following terms: The journal holds the copyright for each article published with work licensed simultaneously under a Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal. Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article. The copyright of this document is owned by Journal Master of Law UNISSULA and is protected by law
The Utilization of Artificial Intelligence in the Design and Legality of Contracts According to Positive Law in Indonesia
The development of the current use of technology in the legal field by focusing on artificial intelligence in contract law. The utilization of artificial intelligence in the contract law sector aims to obtain efficiency and accuracy in making contract designs. Based on this, the authors are interested in conducting more profound research on the concept of utilizing artificial intelligence and how it works in the contract law sector. This research uses the normative law writing method. The research results explain that artificial intelligence in the legal sector is called legal- tech to facilitate contract drafter in designing, reviewing, and analyzing contracts through the smart contract feature. The smart contract feature has the ability as a contract generator system to create a complete contract design along with a legal analysis of the contracs and The research results explain that artificial intelligence in the legal sector is called legal-tech to facilitate contract drafter in designing, reviewing, and analyzing contracts through the smart contract feature. The smart contract feature has the ability as a contract generator system to create a complete contract design along with a legal analysis of the contract and to determine whether contracts made by AI fulfill the validity requirements in accordance with the provisions of Article 1320 of the Civil Code. As well as providing a better understanding of the legal implications and regulations relating to the use of AI in contract drafting
Copyright (c) 2025 Faculty of Law UNISSULA https://creativecommons.org/licenses/by-nc-nd/4.0
Transnational Corporation in the Dynamics of Civil Law in Indonesia
Massive and sustainable development in the Republic of Indonesia requires the presence of a lot of capital (capital inflow), the availability of large amounts of capital will be accommodated by the establishment of a Limited Liability Company as a legal entity, Civil Law must be able to answer the challenge of the need for the existence of a Limited Liability Company with a Legal Entity in Indonesia by ownership of company shares across countries as a form of limited liability transnational corporation
Limitations of Regulations for Fulfilling the Rights Of Retired TNI and Families as Viewed from Developments in BPJS Health Technology
This research aims, firstly, to examine and find forms of legal protection for retired TNI officers and their families in obtaining adequate social and health insurance. Second, to examine and find weaknesses in legal protection for retired TNI military personnel and their families in obtaining their rights regarding equitable health services in light of technological developments. third, to find efforts to realize legal protection for retired TNI officers and their families in fulfilling technology-based social and health security rights. This research uses sociological juridical research methods. Primary data is the main data using interviews and field observations. The research paradigm is the constructivism or post positivism paradigm, with the approach used being sociological juridical with qualitative analysis. The legal theory used as analysis is the theory of justice asgrand theory, legal system theory asmiddle theory, and legal protection theory asapply theory. The results of this research relate to regulations regarding legal protection for social and health security for retired TNI military personnel and their families which are regulated in Law Number 34 of 2004 concerning the Indonesian National Army (TNI), Law no. 24 of 2011 concerning BPJS, Minister of Defense Regulation Number 15 of 2014 concerning Health Services Outside the Dependency of the Social Security Administering Agency and Minister of Defense Regulation Number 31 of 2014 concerning Integrated Health Services within the TNI. Of the four basic regulations, it can be stated that they are not yet fair and their implementation has not been able to realize justice in providing positions to retired TNI officers and their families. The factors causing the weakness of legal protection in providing social security and health services for retired TNI military personnel and their families are the existing regulatory and technological factors that do not fully cover the fulfillment of the rights that should be obtained by retired military military officers and their families. The re-construction of the applicable provisions is a form of effort to provide legal certainty based on Pancasila justice to fulfill the rights to social security and health services for retired TNI military personnel and their families.
Reconstruction of Regulations Regarding Civil Responsibility Towards The Heirs of Corruption Based on Justice
Criminal acts of corruption are very detrimental to state finances or the country's economy and hinder national development, so they must be eradicated in order to create a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Criminal acts of corruption that have occurred are widespread, not only detrimental to state finances, but also a violation of the social and economic rights of society at large.Corruption has become very widespread and has penetrated systemically into all sectors at various central and regional levels in all state institutions, both executive, legislative and judicial. Therefore, the criminal act of corruption is a class of extraordinary crime, so that its eradication must be carried out with extraordinary measures (extraordinary measures), as well as using extraordinary legal instruments (extraordinary instruments).Corruption cases in Indonesia are public consumption which can be obtained through various mass media, both print and electronic. Hardly a day goes by without news about corruption cases. The Corruption Eradication Commission (KPK) revealed that criminal acts of corruption have had extraordinary consequences in various aspects of people's lives, such as high poverty rates, unemployment, increasing foreign debt, and natural damage.According to the Central Statistics Agency (BPS), Indonesia has experienced its lowest point in terms of poverty percentage since 1999, namely 9.82 percent in March 2018. With a poverty percentage of 9.82 percent, the number of poor people or those whose monthly per capita expenditure is below The poverty line reaches 25.95 million people. When compared with the previous period, namely September 2017, the poverty percentage was recorded at 10.12 percent or the equivalent of 26.58 million poor people in Indonesia.1Even though this figure shows a decrease from the previous year, the level of social welfare and the number of poor people is still quite large. As an effort to overcome criminal acts of corruption which are included in the category of extraordinary crimes, legislators formulated several important things, which are considered to be able to be used as tools to ensnare and have a deterrent effect on perpetrators, namely the principle of reverse evidence and heavy sanctions, including criminal penalties.
Criminal Liability Of Medical Robots: Challenges and Opportunities For Future Law Enforcement
This study aims to determine the challenges and opportunities in Criminal Liability for Errors Committed by medical robots in the future. The method used is normative juridical with statutory and conceptual approaches. This research discusses the criminal liability of medical robots and also the challenges and opportunities in health law regarding medical robots. The results of the study explain the responsibility for actions taken by artificial intelligence systems and robots. Liability is imposed on the manufacturer, operator, hospital, or software programmer connected to the robot. However, the challenge of proving cause, effect and intent in such cases can be very difficult. On the other hand, medical robots can help and relieve health workers in performing medical treatments. This research is expected to be useful in knowing the challenges and opportunities of law enforcement of medical robots, especially in criminal liability.
Responsibilities Of The State Of Sudan In The Protection Of Cultural Objects Under The 1945 Hague Convention During Armed Conflict
The on going armed conflict in Sudan since April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) has had a significant destructive impact on the country's cultural objects and historical heritage. In the context of international law, Sudan, as a state party to the 1954 Hague Convention on the Protection of Cultural Property in Armed Conflict, has a legal obligation to protect and respect its cultural heritage, both in peacetime and in times of conflict. This article analyzes Sudan's state responsibilities under the 1954 Hague Convention, focusing on three main aspects: (1) legal compliance and implementation of the convention's provisions in the current armed conflict, (2) challenges and obstacles in protecting cultural heritage amidst humanitarian crises, and (3) international accountability and the role of the global community in upholding legal protection for cultural objects. The analysis shows that although Sudan has formally ratified the 1954 Hague Convention and participated in various UNESCO initiatives related to the protection of cultural heritage, the implementation of these obligations remains normative and ineffective on the ground. Various international reports indicate serious violations, such as the looting of national museums, the destruction of archaeological sites, and the illegal trade in cultural artifacts. The main obstacles to implementing the convention in Sudan include weak institutional capacity, unstable security conditions, the government's lack of prioritization of cultural protection amidst the humanitarian crisis, and limited national legal mechanisms for prosecuting perpetrators. From an international accountability perspective, the 1999 Hague Convention and its Second Protocol provide space for individual and state criminal responsibility for serious violations of cultural property, but its implementation mechanisms in Sudan remain elusive. Support from the international community, including UNESCO, ICOMOS, and human rights organizations, is crucial for encouraging compliance and restoring cultural heritage affected by the conflict. Overall, this study confirms that Sudan's responsibilities for the protection of cultural objects have not been effectively implemented in accordance with international legal standards. Concrete steps are needed to strengthen national capacity, provide international technical cooperation, and establish clear accountability mechanisms so that cultural heritage protection can become an integral part of post-conflict peacekeeping and reconstruction efforts.
Analysis Of Justice Principles In Determining The 'Clean and Clear' Status Of Land Rights It Has Been Canceled
Determination of 'clean and clear' status on rights on land is A complex issue in law land . In context this , especially when right on land has canceled , esp in context PK decision of the Supreme Court of the Republic of Indonesia number 28.PK/TUN/2005 dated 22 July 2009, question about justice becomes very important . Study This will do analysis deep to principle justice involved in determination of 'clean and clear' status on rights on land that has been cancelled . With use approach multidisciplinary , research This will explore aspects related legal , ethical , and social issues with solution conflict related ownership complex land . Through careful research to studies case and framework relevant laws , research This aim For give deep insight about How principles justice can applied in context determination of 'clean and clear' status on rights on land that has been cancelled . Expected results study This can give contribution significant to understanding We about law land and protection rights on land in system modern law .
Copyright (c) 2025 Faculty of Law UNISSULA
Juridical Analysis Of The Regulation Of The Law On The Position Of A Notary Regarding The Residential Place and Working Area Of The Notary Too Restricted
Article 18 paragraphs (1) and (2) UUJN regulates the position of Notary which contains the place of domicile and working area of the Notary which reads as follows "(1) Notary has a place of domicile in the regency or city area. ( 2) A notary has an area of office covering the entire province of his/her place of domicile." It will be explained in this journal that restrictions on Notaries movement and work space are not in line with the concept of social welfare (social welfare state), Islamic welfare theory, utilitarianism theory, and cybernetic theory. The purpose of writing is to analyze the juridical analysis of the Notary Position Law regulations regarding Notary honorariums and provide input for solutions. The approach method in this research uses normative juridical. Data collection was carried out through library research studies. Processing of this research data with secondary data is divided into primary, secondary and tertiary legal materials. As a result of this research, the researcher provides conclusions and suggestions regarding how a Notary can provide good legal counseling if, for example, his friend's relations are from outside his area of office, for example, the Notary's territory is in Central Java, then his friend's relations are from Jakarta because of regulations that limit his position and area of Notary work.
Case Title In The Context Of Determining A Suspect In The Law Enforcement Process Of The Ite Law In Terms Of The Syariah Maqashid Theory In Order To Achieve Justice
This research reviews the role of case designation in determining suspects in Electronic Information and Transaction (ITE) criminal cases by the Maqashid syariah approach to achieving justice. Maqashid syariah are sharia principles which aim to protect five main aspects, namely religion, soul, reason, lineage and property. This study involves an in-depth analysis of how case titles influence the process of determining suspects fairly in the context of ITE crimes. By understanding the principles of Maqasid Syariah, this research aims to provide a framework that helps law enforcers in determining suspects, by paying attention to universal principles of justice, while ensuring that the legal process runs accordance to moral and ethical values upheld. in Islam. Hopefully, this research may make an important contribution to realize justice in handling ITE criminal cases based on universal principles and highly upheld sharia values.
Reconstruction Of The Requirements For The Appointment Of A Substitute Notary Based On Value Pancasila Justice
Article 33 paragraph (1) UUJN regulates the rules regarding the requirements to become a substitute Notary and temporary Notary. These rules are made for Notaries who are on temporary leave if there are obstacles in carrying out their work as a Notary such as going on the Hajj, illness, etc. The article reads "Requirements for being appointed as a Substitute Notary and Temporary Acting Notary are Indonesian citizens who have a law degree and have worked as an employee of a Notary's office for at least 2 (two) consecutive years." The purpose of writing is to analyze the juridical analysis of the Notary Position Law regulations regarding Notary honorariums and provide input for solutions. The approach method in this research uses sociological juridical. Data collection was carried out through field research studies. This research data processing uses primary data which is divided into primary and secondary legal materials. The results of this research, the researcher provides conclusions and suggestions that the age requirements to become a Notary also do not represent justice for prospective Notaries, because it will make them unemployed for too long, as well as Substitute Notaries who do not give opportunities to prospective Notaries who are still unemployed, but instead give them the opportunity to get a S.H. title. strata 1 to replace instead of candidate M.Kn. Of course, many are still unemployed.
A Comparison Of Presidential Regulations Threshold Indonesia And China In The Proposal Of Presidential and Vice Presidential Candidates
Guarantees of Human Rights (HAM) are an important pillar of democratic life. Article 28D paragraph (3) of the 1945 Constitution states, "Every citizen has the right to equal opportunities in government." However, the candidate pair must meet a threshold requirement of 20% to advance in the election for the nomination for president and vice president. In Article 6A paragraph (2) of the 1945 Constitution, he cannot become president or vice president because he does not meet the 20% threshold, which is not in accordance with democratic principles. Other countries, including China, do not employ the presidential threshold system for selecting presidential and vice presidential candidates. The research method used is sociolegal research with an approach method, namely a historical approach. Research results in Indonesia indicate that they wish to nominate the President and Vice President, the Board People's Representatives (DPR), and the House of Representatives Regional (DPRD), especially those previously supported by political parties. Article 6A, paragraph (2) of the NRI Constitution from 1945 states that political parties, or a combination of them, propose the candidate pairs for president and vice president before the general election. Meanwhile, in practice, only one political party, the PKT, has effective power at the national level in China.
Reconstruction Of The Policy For Implementing Criminal Sanctions In Corruption Cases In Goods Procurement For The Development Of Justice-Based Social Infrastructure
Implementation penalty criminal corruption procurement goods To use development infrastructure Not yet based on policy law procurement goods, This make penalty criminal can said only is ornamental, because problem procurement goods should No can in a way direct worn penalty criminal as ultimate remidium, remembering procurement goods arranged with law administration No law criminal, as for threat criminal only as drug final when violation in the realm procurement goods in development infrastructure No under control. Article This use method doctrinal research. Based on results existing discussion can understood that implementation penalty criminal corruption procurement goods To use development infrastructure Not yet based on policy law procurement goods, so penalty criminal his position Still sumir, because problem procurement goods should No can in a way direct worn penalty criminal as ultimate remidium, remembering procurement goods arranged with law administration No law criminal, as for threat criminal only as drug final when violation in the realm procurement goods in development infrastructure No under control, then can said that need perhaps added provision in Law no. 1 of 2004, namely paragraph (25) in Article 1 of Law no. 1 of 2004 which states follow criminal procurement goods is action profitable self Alone in maintenance procurement goods and services available detrimental to the country and/ or individuals and/ or legal entities. Then Article 64A Law no. 1 of 2004 which states that as for type threat criminal as intended in Article 64 consists from criminal imprisonment for a minimum of 4 years and a maximum of 20 years with criminal fine amounting to Rp. 10,000,000,000.00.
Legal Efforts to Protect Privacy in Cyberspace Against the Surge in Personal Data Cases
efforts are being taken to protect privacy in cyberspace, especially in the face of a surge in personal data cases. In the ever-evolving digital era, challenges related to data privacy are increasingly complex and increasing. One of the most popular and used digital platforms today is social media. One of the negative impacts is the occurrence of data leaks or privacy violations of social media users' personal data, which is caused by certain supporting factors. The aim of this research is to understand how existing regulations and law enforcement have contributed to protecting user privacy in the digital environment, especially in the face of increasing cases of personal data breaches. The research method used is a normative legal method using library sources. enforcement and collaboration between governments, legal institutions, technology companies and society are essential to creating a safer digital environment. Existing regulations need to continue to be updated and adapted to the ever-changing developments in information technology. With strong collaboration between the government and increased awareness from the public, legal efforts to protect privacy in cyberspace will become more effective in dealing with the surge in personal data cases in this digital era.
Impact Use Of Artificial Intelligence Regarding Human Rights
Development Several Artificial Intelligence (AI) technologies year final has change landscape law civil with its use is increasing widespread, AI technology has bring potency big in speed up and improve efficiency in making decision civil, Approach method in study This is with use approach juridical normative namely a process of finding legal rules, legal principles and legal doctrines to answer the legal issues faced, Source of data obtained from regulation legislation, journals, papers, etc. Research result showing that research results showing that government need grow collaboration between AI expert, expert policy, researchers, and experts ethics For approach holistic use of AI in the field policy public, Not losing important For involve community and stakeholders interest in a way active For gather input and build trust in the manufacturing process policy AI based, Framework defined ethics with good, strong data governance practices, efforts collaborative between experts, and involvement an active public is very important for success and responsibility answer deep AI integration making policy public, Technology information is also available help prevent human rights violations with utilise computing cloud and big data analysis, However, although There is effort For increase protection of human rights through technology, there is convey challenge values in Pancasila to generation exposed youth technology, Pancasila plays role key in arrange life society, nation and state in Indonesia, including in development and utilization Technology Intelligence Artificial (AI).
Legal Analysis Of Intellectual Property Rights In The Use Of Artificial Intelligence
This research aims to identify and analyze the importance of legal protection regulations regarding intellectual property rights in the use of artificial intelligence (AI) in Indonesia, as well as the potential for AI as a legal subject in the Indonesian legal system. The research methodology used is normative research with a legislative and comparative approach. The research questions in this study are how the regulation of artificial intelligence in the use of copyright in Indonesia, and the potential for artificial intelligence as a legal subject in the Indonesian legal system. This research found that the Copyright Law in Indonesia does not recognize AI as a legal subject, so AI cannot be considered as a creator under the Indonesian Copyright Law. However, the potential to recognize AI as a new entity related to legal subjects other than humans and recognized legal entities is very open in Indonesia. This is because AI can be considered as a legal entity based on the theory of legal entities and the concept of Work Made For Hire in the US Copyright Law, which can be adopted by Indonesia to include AI as a new entity recognized in the context of legal subjects in Indonesia.
Implementation Of The Business Judgement Rules (Bjr) Doctrine As Legal Protection Against Board Of Directors In Bumn
This legal writing discusses the implementation of the Business Judgment Rules (BJR) doctrine as legal protection for directors in BUMN. Regulations regarding the concept of Business Judgment Rule cannot be separated from the application of the concept of fiduciary duty. In writing this law, it uses a type of normative legal research, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials, namely Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 19 of 2003 concerning BUMN. Law Number 40 of 2007 concerning Limited Liability Companies basically regulates the protection of Directors in BUMN companies in protecting the rights of directors through the concept of the Business Judgment Rule doctrine as regulated in Article 97 Paragraph (5) and Article 104 Paragraph (4) of the Law -Law Number 40 of 2007 concerning Limited Liability Companies. Through the Business Judgment Rule Doctrine, it has provided legal protection for directors of state-owned companies who cannot be held individually responsible for losses to state-owned companies by proving that the losses were not due to the fault or negligence of the directors of state-owned companies, have made business policies in accordance with good faith and the principle of prudence and the absence of personal conflicts of interest when making business policies by BUMN director.
Harmonization Of The Formation Of Village Regulations Based On Law Number 6 Of 2014 Concerning Deca
This 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 residents
Optimizing The Role And Responsibilities Of The State Through Bnpt And Lpsk Towards The Rights Of Victims Of Terrorism Crimes Based On Justice Values
All criminal acts of terrorism that have occurred in Indonesia have resulted in many victims, both fatalities and injuries and have had an economic impact. In terms of providing the rights of victims of criminal acts of terrorism, State Institutions that play an important role in providing and protecting the rights of victims of criminal acts of terrorism are the National Counterterrorism Agency (BNPT) and the Witness and Victim Protection Agency (LPSK). It is hoped that the role and function of BNPT and LPSK can help in optimizing the restoration of the rights of victims of criminal acts of terrorism and can reduce the suffering caused by criminal acts of terrorism. Changes in regulations, especially the Terrorism Law and the Witness and Victim Protection Law, can strengthen and optimize protection and provide the rights of victims of criminal acts of terrorism in Indonesia. The important role of state institutions in optimizing protection and providing the rights of victims of criminal acts of terrorism is carried out by strengthening the role of BNPT and LPSK as lead sectors in criminal acts of terrorism in accordance with the mandate of the Terrorism Law and the Law on the Protection of Witnesses and Victims.
Reconstruction Of The Authority Of The Judicial Commission Based On Law Number 18 Of 2011 Concerning Amendments To Law Number 22 Of 2004 Concerning The Judicial Commission
This research aims to discuss the Judicial Commission as an independent and authorized state institution in order to maintain and uphold the honor, dignity and behavior of judges. 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 Judicial Commission supervises judges according to the law, namely supervision of judges regarding ethical violations and behavior of judges in the Supreme Court, including judges in the District Court, Religious Court judges, State Administrative Court judges, and Military Court judges. Starting from monitoring, receiving reports, verification and investigations, to determining whether or not a violation of the code of ethics and/or code of conduct for judges has occurred, as well as being able to take legal steps against people or groups who degrade the dignity and nobility of judges. 2) The Judicial Commission which has important duties regarding legal work in Indonesia. The Judicial Commission will pay close attention to the structure of law enforcement officials. The authority that should be given to the Judicial Commission to maintain the nobility and dignity of judges is to revise the 1945 Constitution of the Republic of Indonesia by strengthening the Judicial Commission institution. Strengthening the Judicial Commission Institution can imitate the Judicial Commission model; Netherlands and Peru.
Trimulyo Village Sipedes As A Representation Of Village Governance Good Governance
The concept of dynamic government has become an interesting issue in the era of very rapid development of information technology. The development of information technology has caused various changes in various areas of life, including government administration. Conditions related to this information technology-based government administration system are better known as e-government. Information technology-based Village service system, namely the Trimulyo Village Information and Service System (SIPEDES). This research aims to explain and analyze SIPEDES in relation to realizing the principles of good governance. The research method used is a qualitative method with data collection techniques in the form of literature studies and documentation studies. The approach used is analytical descriptive. The data collection technique applied in this research is by collecting library data and collecting internet data according to the object under study. The results obtained in this research are that SIPEDES aims to facilitate internet-based village administration services and facilities for the aspirations of Trimulyo village residents. SIPEDES is a village service that can realize the principles of good governance, especially transparency, accountability and participation of village residents in village development. The conclusion obtained is that SIPEDES services can realize the principles of good governance in the Trimulyo village government.
Legal Dynamics In Responding To Digital Technology Developments In China, Reflective Efforts On Legal Development In Indonesia
Law enforcement and economic growth are the state's goals to be able to achieve and continuously improve these growth achievements. Economic growth is interpreted as the success of filling the state's financial coffers in the form of increasing the country's foreign exchange sources, increasing the standard of living of citizens, and improving the quality of human resources (Human capital). In order to achieve this goal, a legal arrangement is needed that is designed to protect the economic, political and public order
Constitutionality Of MPR Decisions In The Hierarchy Of Legislation According To Constitutional Theory
This legal writing discusses the CONSTITUTIONALITY OF MPR DECISIONS IN THE HIERARCHY OF LEGISLATION ACCORDING TO CONSTITUTIONAL THEORY. The approach to this legal research is normative legal research or library legal research, namely research carried out by studying library materials or also called secondary data. The specifications of this legal research are analytical descriptive. The legal materials used are primary legal materials and secondary legal materials, namely legal books and legal journals. The data collection and retrieval procedure used in this research is library research. The data obtained from the research will then be analyzed using qualitative descriptive data analysis techniques, namely by providing an interpretation of the data obtained rationally and objectively. From the discussion he has presented above, the conclusion that can be drawn regarding the constitutionality of the MPR TAP in the hierarchy of legislative order in Indonesia is that the constitutionality of a statutory regulation can be carried out by testing the statutory regulation. Indonesia has two judicial institutions that carry out reviews of statutory regulations, namely the Constitutional Court and the Supreme Court. The authority of the Constitutional Court is to review statutory regulations against the 1945 Constitution of the Republic of Indonesia, while the authority of the Supreme Court is to review statutory regulations under the law against the law. If you look at the tests above, it is clear that there is no authority to carry out tests on MPR Decrees. The absence of testing of MPR decisions raises the question of whether they are still relevant if MPR decisions are still included in the hierarchy of statutory regulations.
Implementation Of Social Work Criminal Based On The National Criminal Law (KUHP) Based On Justice And Legal Benefits
This research is related to the reform of criminal law in Indonesia through social work punishment as an alternative to prison. The type of research used is normative legal research. In this legal research, the research specifications used are analytical descriptive, with a statutory approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The legal material analysis method carried out in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code, social work crime is one type of basic crime which also functions as an optional punishment compared to short-term imprisonment, namely for criminal acts that are punishable by less than five years and the judge imposes imprisonment for a maximum of 6 (six) months, as well as a fine not exceeding category II. This is an implementation of the implementation of social work punishment so that it can achieve the objectives of punishment and from the perspective of justice and legal benefits
Alternative To Prison Institutional Sentence As An Effort To Overcome Overcapacity Of Community Institutions (Comparatory Study Of Article 58 Of The Crime Of The State Of Albania)
Handling criminal acts carried out using a retributive paradigm, with repressive action against perpetrators of criminal acts, has resulted in an excess number of prisoners in prisons. One effort that can be made to deal with overcapacity in prisons is a policy approach to resolving criminal acts through prison sentences in installments. Regulations regarding installment prison sentences are not currently regulated in the Indonesian Criminal Code. The concept of installment imprisonment adopts the concept from the Albanian Criminal Code, which is regulated in Article 58 and Article 62 of the Albanian Criminal Code. The concept of reforming criminal law by regulating prison sentences in installments is regulated in the RKUHP in Article 73 Book I to reduce the problems currently facing prisons, namely those related to prison overcapacity. It is hoped that the concept formed by the legislators will be useful, from the advantages described above, such as reducing Over Capacity, overcoming dehumanization, and so on. This installment prison sentence also has a weakness, namely that there is no supervision provided by the government for convicts who are serving installment prison sentences.
Optimizing The Role Of The Indonesian National Army In Overcoming Terrorism Crimes (Review of the TNI Law and Terrorism Law)
The TNI's role in countering terrorism is part of the strategy to eradicate terrorism. With the escalation of the threat of terrorism which not only threatens national security, but also state sovereignty, the involvement of the TNI becomes a necessity in order to defend the country from terrorist threats or attacks. This research describes the urgency of involving the TNI in efforts to overcome acts of terrorism that threaten state sovereignty, and the ideal role of the TNI in efforts to overcome criminal acts of terrorism. The method used in this research is normative legal research, by using a statutory approach (statue approach) and a conceptual approach (conceptual approach). The results of this research indicate that there is a need for regulations that clarify the main tasks and functions of the TNI in overcoming criminal acts of terrorism. The proposed efforts to involve the TNI in countering terrorism include aspects of action and prevention. In the enforcement aspect, the technical involvement of the TNI in counter-terrorism operations is at the back of the line, when Densus 88 Anti-Terror is in a condition beyond overcapacity and has a threat gradation that endangers the sovereignty of the State.In its preventive function, the TNI's role is more focused on the effective use of intelligence forces to support the prevention of criminal acts of terrorism. Technically, the role of the TNI that must be carried out is early warning, early prevention, as well as action and recovery in an area as a result of acts of terrorism.
Law Enforcement Against Criminal Acts Of Sexual Violence Post Law Number 12 Of 2022 Concerning Criminal Actions Of Sexual Violence
The rise in cases of sexual violence, especially those experienced by women and children in Indonesia, is increasingly worrying. This research will discuss LAW ENFORCEMENT AGAINST CRIMINAL ACTS OF SEXUAL VIOLENCE POST LAW NUMBER 12 OF 2022. This research is a legal research, using normative (juridical) legal research methods. This legal research uses a statutory approach and a comparative approach. This research was carried out using primary legal materials, namely in the form of statutory regulations and secondary legal materials in the form of law books and legal journals related to the problem under study. This research uses library and internet studies in collecting legal materials. The crime of sexual violence is a crime that concerns human dignity and is a form of discrimination that must be eradicated and eliminated. Law enforcement against criminal acts of sexual violence in Law Number 12 of 2022 contains several reforms related to the procedural law for handling criminal acts of sexual violence. The aim of this different procedural law is to adapt it to the interests of victims of sexual violence, in the sense that the procedural law is made more victim-oriented
Licensing Instruments As A Means Of Protection And Control Of Forest Use Of Traditional Communities
The concept of recognizing the rights of customary law communities is outlined in the 1945 Constitution of the Republic of Indonesia Article 18B paragraph (2) of the 1945 Constitution which explains that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with developments. public. Customary law communities will be recognized as still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. The principle of Licensing for the Use of Customary Law Community Forests is a government policy in directing certain activities in protecting Customary Law Community Forests. Licensing instruments can prevent the danger of loss of indigenous communities' forests. The licensing instrument divides a small number of objects. Permits provide direction by selecting people and activities. Control of forests by the state continues to pay attention to the legal rights of indigenous peoples, as long as their existence still exists and is recognized, and does not conflict with national interests and the existence of respect for the rights of indigenous peoples. In this case, the state does not have the legal power to make customary forests into state forests.
The Position Of Land Ownership Certificates In Determining Bankruptcy Budel In Bankruptcy Cases
This research discusses the position of LAND OWNERSHIP CERTIFICATES IN DETERMINING BANKRUPTCY BUDEL IN BANKRUPTCY CASES. This research is legal research, using normative (juridical) legal research methods. This legal research uses a statutory approach and a comparative approach. This research was carried out using primary legal materials, namely in the form of statutory regulations and secondary legal materials in the form of law books and legal journals related to the problem under study. The results of this research indicate that the Certificate cannot be used as a benchmark in determining the bankruptcy decision by the curator for land that has been sold to a third party by the bankrupt debtor, the repayment of which was made before the bankruptcy decision was made but the title certificate has not yet been transferred, because in this case , the certificate cannot be used as a benchmark for land ownership and also by making a payment the rights to the land have been transferred and the position of the certificate is only as proof of ownership and not a suggestion of a transfer of rights. The action of a curator who includes land that has been sold to a third party by a bankrupt debtor, the payment of which was made before the bankruptcy decision was made but the title certificate has not yet been transferred, is an act against the law and is invalid.
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
This 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 bound
Juridical Aspects Of Electronic Registration Of Mortgage Rights In Kantah Bpn Semarang City
In this era of increasingly advanced technology, everything uses electronics. Such as the implementation of electronic registration of mortgage deeds at the Semarang City Land Office. This research aims to determine the process of electronically registering a mortgage deed at the Semarang City Land Office. Apart from that, we also want to find out whether Law Number 4 of 1996 allows electronic registration of mortgage rights. The research method used in this research uses a juridical-empirical approach. The sources and types of data used are primary data taken empirically and secondary data through literature. The data collection technique used was through interviews and literature study and the data analysis technique used was qualitative analysis. The results of this research show that the registration of a Mortgage Deed is a policy innovation at ATR/BPN offices throughout Indonesia based on the regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Electronic Agency Number 5 of 2020 concerning Integrated Mortgage Rights Services. Electronic . The electronic mortgage deed registration service at the Semarang City Land Office is carried out using the LENTERA Application System. The policy for electronic registration of mortgage deeds regulated in Ministerial Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services does not conflict with Law Number 4 of 1996 concerning Mortgage Rights for Land and Objects Related to Land.
Investment Arrangements In The Hajj Fund Which Marginal Community Participation Are Reviewed From The Principles Of Islamic Contract To Realize Legal Goals
The absence of means of participation from prospective Hajj pilgrims, regarding approval for initial deposit funds to be used as an investment object, is an interesting discussion in this article. Islamic engagement emphasizes the values of equality, equality, fairness and consent as a reference for implementing engagements according to Islamic law. In fact, the absence of participation facilities for prospective Hajj pilgrims has created a perception that sharia principles as stated in Article 2 of Law Number 34 of 2014 concerning Hajj Financial Management are not being fulfilled, which is the main motivation for the material review of Articles 24 and 46 of Law Number 34 of 2014. The direction of legal politics regarding the regulation of investment in Hajj funds has not equalized the position between the government as the organizer of Hajj facilities and prospective Hajj pilgrims as the stakeholders. Law is more appropriately placed as a validity that is in line with morals. In other words, morals become the guiding corridor of law which is implemented by legal subjects.
A State Administrative Judicial System That Is In Accordance With The Will Of The State Stated In The Preamble Of The 1945 Constitutional Law Of The Republic Of Indonesia In Order To Create A Prosperous State
PTUN or currently better known as Administrative Justice is an access to justice that serves humans, of course it is not just a legal machine formed by normative legal provisions alone. The access to justice offered by a judiciary is expected to be cheap or light in financing, the process is fast and the procedures are not complicated. That access to justice in the PTUN is not enough with a light, fast and simple construction, but one more thing is needed, namely the authority of the judicial product itself. The authority in question is obeying decisions and being able to respond to a sense of justice. A judiciary whose decision products do not have authority will only present wooden swords that are no longer feared. In conclusion, there are still many shortcomings in the practice of the State Administrative Court (TUN court), where it still appears on the surface that the TUN court is supposed to act as judicial control for the administration of State administration. The use of the principle where judges are given the authority to determine the main points and details of the content of this decision, aims to reduce the gap between the intent of the content of the decision and the implementation of the decision itself.
Criminal Act of Adultery, The Encounter Between the National Criminal Code and Islamic Law
The national KUHP specifically regulates the offense of adultery which is part of the crime of morality. The offense of adultery is contained in Article 411 (adultery), Article 412 (cohabitation), and Article 413 (incest)). This article will discuss how the crime of adultery meet between the KUHP and Islamic law. This article is library research using a statutory approach. Presentation of data analysis uses qualitative descriptive techniques. The research results show that there has been encounter between the KUHP and Islamic law regarding the offense of adultery. In substance, the regulations regarding the offense of adultery in the national KUHP are inspired by Islamic law. Threat of sanctions for the offense of Adultery Article 411 of the KUHP with a maximum imprisonment of 1 year or a maximum fine of category II, Article 412 with a maximum imprisonment of 6 months or a maximum fine of category II, Article 413 is punishable with a maximum imprisonment of 10 (ten) year. In Islamic law, the punishment for anyone who commits adultery with the status of ghair muḥṣan is to be flogged a hundred times, and also exiled for a year. The punishment for committing adultery with muḥṣan status is stoning
Analysis Of The Construction Of Legal Protection Regulations For The Health Profession In Private Hospitals In Indonesia: A Values-Based Approach Regarding To Pancasila Justice
Hospitals across Indonesia will reach 3,155 units by 2023, both government-owned and private, comprising 2,636 public hospitals and 519 specialized hospitals. Health services in private hospitals in Indonesia have already provided a good and growing service, but when faced with the latest Law No. 17 Year 2023 on the Health Act, it became controversial because in Article 440 Paragraphs 1 and 2 that the medical or health personnel who perform sleeping can be punishable, so from this article, the health or medical personnel get discrimination or injustice. The objective of this study is to analyze and find the constructions of regulations for the protection of the law of health professions in private hospitals in Indonesia: a values-based approach based on Pancasila Justice, a method of research using a normative Yuridis approach. The results of this research found that in order to provide legal certainty, it is necessary to reconstruct the regulations for the protection of the law of health professions in the private hospital in Indonesia. Because of the losses incurred by the negligence carried out by the health personnel, the hospital must provide protection and reference to articles 2 and 5 of the Pancasil, as well as see Article 308 Paragraphs 6 the latest Law No. 17 Year 2023 Act on Health by adding a clause “to judgment and based on the outcome of the trial of the Organization of Ethics of Professions. So that healthcare is given a fair and humane space, the legal protection of healthcare professions in private hospitals is realized.
Analysis Of The Legal Framework For Online Lending In Indonesia: A Case Study On Consumer Protection and Legal Action Against Regulation Violations
This research discusses legal analysis related to online loan regulations in Indonesia with a focus on consumer protection and legal action against regulatory violations. Online loan regulations in Indonesia are regulated by the Consumer Protection Law and Financial Services Authority (OJK) regulations. Consumer protection in online loans includes clear and transparent information regarding fees, interest and other terms. Consumers also have the right to protection against inappropriate billing practices and effective complaint handling. If there is a violation of regulations, consumers can take legal action through conventional justice channels or through the dispute resolution mechanism provided by the OJK. The case study in this research involves analysis of contract provisions, interest calculations, billing in accordance with regulations, and fair dispute resolution for consumers. It is important for online loan businesses to comply with applicable regulations to prevent legal action and provide good protection to consumers. This research is expected to provide a deeper understanding of consumer protection and legal action in the context of online loans in Indonesia.
Legal Transformation and Use of Blockchain Technology in Increasing Government Transparency and Accountability in Indonesia
The application of blockchain technology has become a major concern in efforts to increase government transparency and accountability in Indonesia. This research aims to explore the legal transformation that occurs along with the use of blockchain technology in the context of government in Indonesia and its impact on transparency and accountability. The research method used is a normative analysis of the existing legal framework as well as case studies related to the implementation of blockchain technology in several government institutions in Indonesia. Through this analysis, it was found that the use of blockchain technology can bring significant benefits in increasing government transparency and accountability, but also raises various legal challenges that need to be overcome. A clear and adaptive legal framework and a deep understanding of the implications of blockchain technology are needed to ensure effective and sustainable implementation in the Indonesian governance context. It is hoped that this research can contribute to further understanding of the legal transformation and use of blockchain technology in the context of government in Indonesia and provide guidance for the development of related policies and practices in the future.
The Status Of Customary Land Areas In West Kutai
Customary land rights encompass two elements. The first element is a civil law element, namely as the joint ownership right of the members of the relevant customary law community over the customary land, which is believed to have originated from the legacy of their ancestors and is a gift from a supernatural power, as the main support for the life and livelihood and the environment of all members of the customary law community. The second element is a public law element, namely as the authority to manage and regulate the allocation, use, and control of customary land, both in internal relations with its own citizens and externally with non-citizens or "outsiders". In customary law communities, land has an important meaning, because by its nature land is the only asset that, even if it experiences any circumstances whatsoever, remains constant in its state, and sometimes even becomes more advantageous. This issue has become a recurring problem encountered in the field regarding land use. Data from the National Land Agency of Kutai Barat Regency shows that no customary land has been registered with the BPN. However, judging from the locations in Kutai Barat, areas that are productive areas that are often controlled by companies are not customary land. Based on the background described above, the problem identification is what are the issues faced in the Status and Territory of Customary Land in Kutai Barat Regency. The normative juridical method is carried out through a literature study that examines secondary data in the form of legislation, court decisions, agreements, contracts, or other legal documents, as well as research results, assessment results, and other references. The normative juridical method is research that begins with normative research or a study of legislation (normative). According to the data held by the BPN of Kutai Barat Regency, no customary land has been registered with the BPN. However, based on observations and monitoring carried out by the National Land Agency (BPN), the land that is currently considered customary land is located in West Kutai, which is a non-productive forest area. Based on the explanation from the BPN, a monitoring mechanism can be implemented to ensure that customary land is truly customary land. This mechanism is based on the provisions of the Minister of Agrarian Regulation Number 10 of 2016.
Particular Aspects Of Law Number 25 Of 2007 Concerning Capital Investment
This legal writing discusses the partiality of Law Number 25 of 2007 towards small, micro and medium businesses in the economy. In writing this law, it uses a type of normative legal research, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials, namely Law Number 25 of 2007 concerning Capital Investment. The results of this research are that the passing of the investment law has indeed reaped many pros and cons from various parties. On the one hand, this law is considered to adhere to the ideology of economic liberalization and is no longer in accordance with the constitution, but on the other hand, this law was created as an effort to attract investors to improve the economy. From this discussion, the investment law tries to accommodate the interests of foreign investors and investors while still protecting and developing micro, small, medium and cooperative businesses and protecting the interests of Indonesian workers.
The Urgency of Using Artificial Intelligence in Law Enforcement against Children in Indonesia
This article seeks to explore the urgency of using artificial intelligence in child law enforcement in Indonesia. The presence of artificial intelligence (AI) is increasingly becoming a hot topic of conversation. Various lines of life have begun to look at the use of AI. This includes in juvenile law enforcement. There are still pros and cons of using AI because of the risks that can lead to legal problems, one of which is data protection. Novelty in this research is to discuss the urgency of using AI in child law enforcement in Indonesia. This research uses a qualitative approach with a library research method. Data is obtained through literature study of books, articles and other related documents. The results show that the use of AI in law enforcement against children in Indonesia is not yet fully urgent to use. AI cannot replace the position of law enforcement. Moreover, law enforcement against children requires more in using taste, karsa and conscience. The use of AI can only be as a support to complement the data needed.
Analysis Of Patent Law and Islamic Law On The Ownership Status Of Artificial Intelligence (Ai) As An Inventor
The recognition of AI as an inventor in the patent law and intellectual property rights system raises complex and intriguing issues. On one hand, acknowledging AI as an inventor can accelerate innovation in AI technology, but it also brings ethical, legal, and environmental considerations. Legal protection for AI as a creator needs to consider principles of fairness, sustainability, and balance between individual rights and public interests. Proposed regulatory steps include developing new standards, expanding the definition of inventor, protecting intellectual property rights, transparency obligations, and fostering collaboration among countries and relevant stakeholders. Continued discussions, research, and comprehensive legal frameworks are crucial to accommodate the changes and developments in AI technology fairly and sustainably. To address these issues, it is important to encourage dialogue among legal experts, technology specialists, stakeholders, and legal institutions, conduct further research to identify the impacts, challenges, and opportunities related to recognizing AI as an inventor, and formulate clear and comprehensive regulations based on ethical values, justice, sustainability, and balance. Collaboration at the international level to establish global standards regarding the recognition of AI as an inventor is essential. By taking these steps, we aim to create a legal framework that can accommodate the advancements in AI technology fairly, sustainably, and provide maximum benefits to society and the environment.
Implementation of People's Mining Permits after the enactment of Presidential Regulation of the Republic of Indonesia Number 55 of 2022 concerning Delegation of Granting Business Licensing in the Mineral and Coal Mining Sector
The purpose of this writing is to find out and describe the implementation of People's Mining Permits after the enactment of Presidential Regulation of the Republic of Indonesia Number 55 of 2022 concerning Delegation of Granting Business Licensing in the Mineral and Coal Mining Sector. The approach method in writing uses the Normative juridical approach method. The results of the research conducted indicate that the centralization of authority in the central government in managing the coal sector can also be one of the reasons why the implementation of these regulations does not run optimally in the regions so that there is a need to delegate authority to regional governments. Delegation of authority can encourage more equitable regional development and growth. By giving regions or local entities autonomy in decision making, local governments can direct resources and investment to accelerate regional development.
Implementation of rehabilitation measures for child narcotics addicts in Palangka Raya City as a fulfillment of the principles of diversion
The purpose of this writing is to find out and describe the implementation of rehabilitation measures for child narcotics addicts in Palangka Raya City as a fulfillment of the principles of diversion. The approach method in writing uses a sociological juridical approach. The results of the research carried out stated that the implementation of rehabilitation for children who abuse narcotics in practice is still not in accordance with existing laws and regulations, namely where the existing regulations are supposed to rehabilitate children who abuse narcotics but this provision is never implemented, more children are punished than rehabilitated. Bearing in mind Articles 56, 57, 58, 59 concerning Narcotics ensure that narcotics addicts and victims of narcotics abuse are required to undergo medical rehabilitation and social rehabilitation so that children of narcotics abusers do not experience narcotics addiction again, both mentally and socially. As an effort to implement solutions for children dealing with drug cases, rehabilitation should be the main choice in the juvenile criminal process. To restore the rights of children who have been robbed by the absence of rehabilitation, law enforcers must return to the principles of diversion in handling cases of child drug addicts.
Law Enforcement Against Food Crime Perpetrators In Indonesia
The purpose of this writing is to find out and describe law enforcement against perpetrators of food crimes in Indonesia. The approach method in writing uses a normative juridical approach method. The results of the research conducted state that law enforcement against food business actors is intended to guarantee the basic rights of consumers in determining standards set by the government. The law enforcement process is carried out with reference to material legality in Law no. 18 of 2012 concerning food, providing evidence to the prosecutor's office or district court until pro-justitia can result in administrative sanctions such as being prohibited from distribution, withdrawn from circulation, revoked distribution permits and confiscated for destruction.
The Role Of Investigators In Securing Evidence Confiscated By Illegal Logging (Study At The Central Kalimantan Regional Police)
The purpose of this writing is to determine and describe the role of investigators in securing evidence confiscated by Illegal Logging. The approach method in writing uses a sociological juridical approach. The results of the research carried out stated that the role of POLRI in safeguarding confiscated illegal logging evidence carried out according to the Criminal Procedure Code is a task carried out by investigators and investigators. It is at the initial investigation level that the security of evidence begins, and then at the investigative level which provides wider space for investigators in securing evidence. Carrying out the first action at the scene of the incident, search and confiscation is the role of POLRI (investigators) in securing the evidence provided. Procedures for securing evidence of illegal logging by POLRI according to Perkap No. 10 of 2010, is part of evidence management. Management of this evidence consists of: Reception, storage, security, maintenance; and the removal and destruction of confiscated objects from special rooms or places where evidence is stored. It is the Evidence Management Officer, hereinafter abbreviated as PPBB, who carries out these tasks.
The Role Of Regional Government In Providing Legal Protection To Communities Around Palm Oil Plantation Companies
The purpose of this writing is to find out and describe the role of regional government in providing legal protection to communities around palm oil plantation companies. The approach method in writing uses a sociological juridical approach. The results of the research conducted state that the role of regional governments in providing legal protection to communities around oil palm plantation companies is to update conflict resolution policies by creating independent institutions at the national and regional levels accompanied by operational mechanisms and procedures for conflict resolution. The government provides space for voluntary mediator institutions to be involved in conflict resolution at both the national and regional levels. The government must immediately identify and map the existence of forests and customary lands so that parties can guide them in resolving conflicts based on customary rights claims. The National Land Agency and the Ministry of Forestry must have an understanding in translating the authority to issue rights in forest areas to third parties, so that if a conflict is resolved through mediation, the agreement can no longer be challenged for reasons of authority. It is important to determine that in the event of community conflict with companies that are already operating, a temporary pause in operations must be implemented.
Regional Government Policy in Providing Protection for Customary Law Communities (Study of Central Kalimantan Indigenous Peoples)
The purpose of this writing is to find out and describe regional government policies in providing protection for indigenous peoples in Central Kalimantan. The approach method in writing uses a sociological juridical approach. The results of the research conducted state that the Regional Government Policy in Providing Protection for Customary Law Communities is to establish the basic concept of Central Kalimantan customary law in the Dayak Customary Institution in Central Kalimantan which has been included in Central Kalimantan Province Regional Regulation No. 16 of 2008, as well as Central Kalimantan Governor Regulation no. 13 of 2009. It is clear that Customary Law is a unique legal system and therefore different from other legal systems, including state legal systems as part of the concept of a legal state. So, it can be said that customary law is a legal system that is not in line with the concept of the rule of law. The level of civilization and modern ways of living have apparently not been able to eliminate the customs that live in society. What can be seen in the process of progress at that time is that the customs adapt to the conditions and desires of the times, so that the customs become eternal and remain fresh, rooted in custom. This is how an amazing source of our customary law emerges.
Recognition and Legal Protection by the State of the rights of Indigenous Peoples to land in positive law in Indonesia
The purpose of this writing is to find out and describe the State's Legal Recognition and Protection of Indigenous Peoples' rights to land in positive law in Indonesia. The approach method in writing uses the Normative juridical approach method. The results of the research conducted state that in carrying out this protection and recognition, it is necessary to unite the spatial perspective of traditional territories with the perspective of areas of indigenous people's land. This is also to maintain the function of customary forests that have been included in forest areas within existing functions (for example protected forests). In this way, customary law communities contribute to maintaining forest functions whose control and ownership status is in their hands, but the management of these functions is handed over to the Ministry of Forestry. The existence of a new institution in the form of the Ministry of Agrarian Affairs and Spatial Planning/BPN is expected to be able to overcome the problem of regulatory dualism which separates space and areas within the forest area.
Government Responsibility For State Confiscated Objects That Are Damaged Or Lost
The purpose of this writing is to find out and describe the Government's responsibility for state confiscated objects that are damaged or lost. The approach method in writing uses a sociological juridical approach. The results of the research carried out state that government accountability shows that state confiscated objects are damaged or lost. The owner of the goods can file a civil lawsuit if the confiscated objects and confiscated goods entrusted to the state are deficient either in quantity or quality, in the case of error or negligence determined by the court. So in this case the state is obliged to replace the fine that has been determined by the court.
Legal Issues in Sustainable Palm Oil Plasma Management
This study employs a socio-legal research approach to examine law in its social context, capturing the contextual meanings of regulatory texts on electronic notarial practice. Palm Oil Plasma Land Management Conflict; Occurred due to Community demands to build Plasma Plantations in the Right to Cultivate (HGU) Area of Palm Oil Plantation Companies. Failure of Companies to fulfill legal obligations; Palm Oil Plantation Companies that have been operational before the issuance of the Minister of Agriculture Regulation (Permentan) Number 26 of 2007 concerning Guidelines for Plantation Business Licensing. One of the important points is in Article 11 which requires Palm Oil Plantation Companies to build Community Plantations. The following are important points in the Minister of Agriculture Regulation (Permentan) Number 26 of 2007 concerning Guidelines for Plantation Business Licensing, as follows: Palm Oil Plantation Companies that have IUP or IUP – B are required to build Plantations for the surrounding Community covering a minimum of 20% of the total area of the cultivated Plantation Area.
Legal Protection of Intellectual Property Rights over Artificial Intelligence–Generated Outputs
The rapid development of artificial intelligence (AI) has fundamentally transformed the process of creation and innovation, giving rise to products generated autonomously or semi-autonomously by intelligent systems. This technological advancement poses complex legal challenges, particularly concerning the protection of Intellectual Property Rights (IPR). Traditional IPR regimes are primarily designed to protect human creativity and inventorship, thereby creating normative gaps when applied to AI-generated products. This study examines the legal protection of intellectual property rights over artificial intelligence–generated outputs by analyzing existing copyright, patent, and related rights frameworks. Using a normative juridical method with statutory, conceptual, and comparative approaches, this research explores the extent to which current legal systems can accommodate AI-generated works and identifies key issues related to authorship, ownership, originality, and liability. The study further compares national legal regulations with international instruments and selected foreign jurisdictions to assess emerging legal models for AI-related intellectual property protection. The findings indicate that current IPR laws remain anthropocentric and insufficient to fully address AI-generated products, necessitating legal reconstruction through adaptive regulatory frameworks, clarification of the legal status of AI outputs, and the strengthening of human accountability in AI-assisted creations. This research contributes to the development of a balanced and future-oriented intellectual property regime that ensures legal certainty, innovation incentives, and fair protection in the era of artificial intelligence.
Regulating AI-Enabled Marine Autonomous Systems to Advance Climate-Resilient Ocean Governance Under International Law
Climate change is rapidly transforming marine ecosystems and ocean governance, while Artificial Intelligence (AI) is increasingly deployed as a critical tool for monitoring, managing, and regulating marine space. AI-enabled technologies—such as autonomous vessels, underwater drones, predictive analytics, and algorithmic surveillance—are now used to address climate-related challenges including ocean warming, illegal, unreported and unregulated fishing, biodiversity loss, and maritime safety. Despite their growing importance, international legal frameworks, particularly the United Nations Convention on the Law of the Sea (UNCLOS), remain poorly equipped to regulate the environmental, jurisdictional, and accountability implications of AI-driven activities in marine spaces.This article identifies a significant regulatory gap at the intersection of climate change, AI governance, and the law of the sea: the absence of a coherent legal framework governing responsibility, transparency, and equity in the deployment of AI-enabled marine systems. As climate change accelerates environmental degradation and alters maritime boundaries and resource distribution, unregulated AI use risks intensifying environmental harm, jurisdictional disputes, and technological inequality—especially for climate-vulnerable coastal and small island States such as the Maldives.The article argues that existing international legal obligations relating to marine environmental protection, due diligence, and international cooperation can be reinterpreted to encompass AI-mediated activities in marine space. Through doctrinal analysis of UNCLOS, international environmental law, and emerging AI governance norms, the article examines state responsibility, liability, and environmental impact assessment obligations applicable to autonomous maritime systems. It proposes a normative framework that integrates climate obligations, precaution, transparency, and equitable access to AI technologies, contributing to climate-resilient and just ocean governance in an era of rapid technological and environmental change.