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All Journal Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi
Muchlas Rowi
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of Traffic Norms Regarding the Presence of Vehicles with Auto Driving Technology Ryan Adhi Pradana; Muchlas Rowi
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 3 No. 3 (2026): Mei: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v3i3.1700

Abstract

The development of autonomous vehicle technology has significantly disrupted conventional traffic systems, which have traditionally treated humans as the primary controllers and legal subjects. This study analyzes gaps in national traffic regulations concerning autonomous vehicles, examines the legal implications of the technology, and proposes regulatory updates to better address ongoing technological developments. The research method employs a qualitative approach with a normative and conceptual approach. The normative approach is carried out by reviewing Law Number 22 of 2009 on Road Traffic and Transportation. This conceptual approach compares classical legal liability theories with the frameworks of risk-based liability and product liability in the context of autonomous vehicles. This study also examines regulatory models in the United States, Germany, and Japan to gain an international perspective on the division of responsibility, safety standards, and technology oversight. The research findings indicate that conventional traffic norms have significant limitations in determining driver status, proving violations, and the responsibility of technology manufacturers. This normative vacuum creates legal uncertainty and safety risks for road users. The research emphasizes the urgency of reconstructing traffic norms, including redefining the concept of driver, regulating technological risk-based liability, and strengthening the precautionary principle and legal accountability. The results of this study are expected to serve as a basis for policymakers and law enforcement officials in developing regulations that adapt to autonomous vehicles and ensure legal certainty and public safety.
Reform of the New Criminal Procedure Code and the Challenges of Strengthening the Role of Advocates in Indonesia’s Criminal Justice System Chitto Cumbhadrika; Muchlas Rowi
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 3 No. 2 (2026): Mei: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v3i2.1706

Abstract

The reform of the Criminal Procedure Code (KUHAP) introduces new regulations regarding the position of advocates as law enforcers through Article 149, which includes the recognition and protection of professional immunity. It is seen as a progressive step in strengthening the role of advocates in the criminal justice system. However, the formulation of norms requiring the implementation of duties "in good faith" raises legal issues because it is not accompanied by clear and measurable parameters. The ambiguity has the potential to give rise to multiple interpretations and open a void for the criminalization of advocates through restrictive interpretations by law enforcement officials. This study aims to analyze the normative construction of Article 149, test its consistency with Law Number 18 of 2003 concerning Advocates, and assess its conformity with the principles of legal certainty and the guarantee of the right to legal aid in the 1945 Constitution of the Republic of Indonesia. The research method employed is normative legal research combining statutory, conceptual, and comparative approaches. The analysis is conducted through grammatical, systematic, and teleological interpretations of the relevant norms. The study shows that Article 149 provides symbolic reinforcement of the advocate's position, but does not thoroughly provide legal certainty due to the lack of objective parameters regarding good faith and the potential for horizontal disharmony with the immunity provisions in the Advocates Law. Normative strengthening requires regulatory harmonization and the formulation of clear operational standards to guarantee professional independence while maintaining accountability.
Co-Authors Chitto Cumbhadrika Ryan Adhi Pradana