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KEDUDUKAN ARTIFICIAL INTELLIGENCE DALAM SISTEM HUKUM INDONESIA ANALISIS NORMATIF ANTARA SUBJEK HUKUM DAN INSTRUMEN TEKNOLOGI Rifa Zulkarnain; Rahmayanti Rahmayanti
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 5 No. 5 (2026)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v5i5.4823

Abstract

The rapid development of Artificial Intelligence (AI) as an increasingly autonomous technology has raised new legal challenges, particularly concerning its legal status within the legal system. This study aims to analyze the position of Artificial Intelligence in the Indonesian legal system, examine the possibility of AI as a legal subject, and explore the juridical implications of its classification as either a legal subject or a technological instrument. This research employs a normative juridical method with statutory and conceptual approaches. The results indicate that within the Indonesian legal system, Artificial Intelligence is not recognized as a legal subject but is instead positioned as a technological instrument or legal object. AI does not fulfill the essential elements required of a legal subject, such as free will, legal consciousness, and the capacity to bear rights and obligations independently. Consequently, legal liability arising from the use of AI remains attributed to human actors, including developers, users, and corporations. The notion of recognizing AI as a legal subject remains largely theoretical and is not yet applicable within the Indonesian legal context, particularly in criminal law, which requires the element of fault (mens rea). This study recommends the need for legal reform through comprehensive regulations governing the use of AI, as well as the development of adaptive liability models, such as risk-based liability, to ensure legal certainty, justice, and legal utility.
Analysis of Strain Criminology Theory on Perpetrators of Falsification of Population Administration Documents in Accordance with Law Number 23 of 2006 Yulia Christy Shintara Aruan; Suci Ramadani; Rahmayanti Rahmayanti
Blantika: Multidisciplinary Journal Vol. 3 No. 11 (2025): Special Issue
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/blantika.v3i11.444

Abstract

The falsification of population administration documents is a form of crime that has serious implications for state administrative order and legal protection of society. This phenomenon can be analyzed through the strain criminology theory, which emphasizes social, economic, and structural pressures that drive individuals to commit deviant acts. This study aims to analyze the motives and driving factors of perpetrators of falsification of population administration documents using the perspective of strain theory, and to examine its relevance within the framework of Indonesian positive law, particularly Law Number 23 of 2006 on Population Administration. The research method used is normative juridical, by examining statutory regulations, criminological literature, and legal doctrines. The analysis shows that falsification of population documents is generally driven by economic pressure, limited access to administrative services, and certain social needs that cannot be fulfilled legally. From the strain perspective, these conditions generate tension that drives perpetrators to seek shortcuts through falsification. Meanwhile, Law Number 23 of 2006 explicitly regulates prohibitions and criminal sanctions against the falsification of population documents, although its enforcement still faces obstacles in prevention and law enforcement. Therefore, synergy between criminological and juridical approaches is needed to address this crime, namely by strengthening population administrative services, increasing legal awareness among society, and implementing both penal and non-penal policies in a balanced manner.
Analisis Yuridis Terhadap Tindak Pidana Narkotika Ditinjau dari Pendekatan Rehabilitatif dan Represif dalam Prespektif Hukum Enus Ginting; Rahmayanti Rahmayanti; Ismaidar Ismaidar
Blantika: Multidisciplinary Journal Vol. 3 No. 11 (2025): Special Issue
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/blantika.v3i11.450

Abstract

Narcotics crimes are a form of crime that has a serious impact on individuals, society, and even the sustainability of the state. The problem of narcotics is not only seen as a criminal act, but also as a health, social, and humanitarian problem. Therefore, the countermeasures require a comprehensive legal approach, both rehabilitative and repressive. The rehabilitative approach emphasizes recovery efforts for narcotics abusers as victims, so that they can return to function socially in society. Meanwhile, the repressive approach is focused on strict law enforcement against perpetrators of illicit narcotics trafficking that undermine the legal order and national security. From a legal perspective, the regulation of narcotics in Indonesia is regulated in Law Number 35 of 2009 concerning Narcotics, which contains these two dimensions. Based on this, this study formulates two main problems: (1) how the criminal law regulation of narcotics crimes is reviewed from a rehabilitative and repressive approach from a legal perspective, and (2) how the urgency of the application of the law to narcotics crimes is reviewed from these two approaches. This research aims to find out and comprehensively analyze the effectiveness of narcotics criminal law regulation by emphasizing the balance between legal certainty, utility, and justice. Thus, the legal urgency in dealing with narcotics crimes lies in the need for a proper, humane, and effective criminal policy. This dual approach is expected to create a legal system that not only reduces the number of narcotics crimes, but also provides long-term solutions through victim recovery and community protection.