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All Journal Iustitia: Journal of Legal Theory, Politics, and International Relations Lex Recta: Journal of Law and Normative Justice Corpus: International Journal of Law and Political Authorit
Imroatun Solekah
UIN Walisongo Semarang

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Legal Harmonization of Electronic Evidence within Indonesia’s Criminal Justice System Imroatun Solekah; Teddy Delano
Iustitia: Journal of Legal Theory, Politics, and International Relations Vol. 1 No. 2 (2026): May: Iustitia: Journal of Legal Theory, Politics, and International Relations
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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This study examines the harmonization of electronic evidence regulation within Indonesia’s criminal justice system by analyzing normative inconsistencies between the Criminal Procedure Code, the Information and Electronic Transactions Law, and sectoral electronic system regulations. The research employs a normative doctrinal and comparative legal approach using statutory interpretation, conceptual analysis, and comparative legal reasoning to evaluate admissibility standards, authentication procedures, evidentiary value, and procedural safeguards governing electronic evidence. The findings demonstrate that fragmented evidentiary regulation has generated judicial inconsistency concerning digital authentication, forensic verification, chain of custody, and procedural legality in criminal proceedings. Indonesian courts continue to apply divergent interpretations regarding the relationship between electronic evidence and the principle of negative statutory proof, particularly in relation to evidentiary reliability and constitutional due process. The study proposes a harmonized evidentiary governance model integrating procedural codification, forensic standardization, institutional synchronization, and unified judicial interpretation in order to strengthen legal certainty, procedural fairness, and technological accountability within Indonesia’s digital criminal justice administration. The proposed framework reinforces institutional coherence across investigation, prosecution, and adjudication processes.
The Right to Explanation in Artificial Intelligence–Based Decision-Making: A Normative Perspective on Due Process and Legal Accountability Imroatun Solekah; Sahal Hanafi; Wildan Baehaqi; Teddy Delano
Lex Recta: Journal of Law and Normative Justice Vol. 1 No. 2 (2026): : June: Lex Recta: Journal of Law and Normative Justice
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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The increasing adoption of artificial intelligence (AI) in legally significant decision-making has generated fundamental challenges concerning procedural fairness, transparency, and legal accountability. This article examines the juridical status of the right to explanation in AI-based decision-making through a normative and doctrinal legal research approach supported by comparative analysis of contemporary regulatory frameworks and legal theories. The study analyzes international legal instruments, administrative law principles, data protection regulations, accountability doctrines, and scholarly debates addressing explainability, due process, and algorithmic governance. The findings demonstrate that explanation performs a constitutive legal function within procedural justice by enabling meaningful participation, contestation, review, and accountability. Existing legal frameworks increasingly recognize the necessity of explainability, although regulatory approaches remain fragmented regarding its normative scope and enforceability. The analysis further reveals that accountability for AI-generated decisions must remain attached to identifiable human and institutional actors, regardless of technological complexity. Recognition of the right to explanation as an enforceable procedural guarantee strengthens legality, safeguards individual rights, and preserves rule-of-law values within automated governance systems. The study contributes a coherent normative framework connecting explainability, due process, and legal accountability in contemporary AI regulation.
Digital Surveillance and the Right to Privacy: Legal Challenges of State Authority in the Era of Big Data Governance Awais Syafik; Muslim Muslim; Imroatun Solekah
International Journal of Law and Political Authority Vol. 1 No. 2 (2026): : April: Corpus: International Journal of Law and Political Authority
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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This study examines the legal challenges arising from digital surveillance practices and the protection of privacy rights within the expanding framework of big data governance. The research employs an empirical legal approach grounded in normative analysis through examination of statutory regulations, judicial decisions, and institutional monitoring reports concerning state surveillance authority, personal data protection, and digital governance practices. Primary legal materials consist of Indonesian personal data protection and electronic information regulations, while secondary sources include comparative legal scholarship, privacy doctrine, surveillance theory, and reports issued by privacy watchdog institutions. The findings demonstrate that contemporary surveillance governance increasingly operates through algorithmic systems, biometric monitoring, predictive analytics, and automated decision making infrastructures that extend beyond conventional legal safeguards regulating personal data processing. Existing legal frameworks provide formal recognition of privacy rights and data protection obligations, yet institutional implementation remains constrained by weak oversight mechanisms, fragmented accountability structures, and limited regulation of artificial intelligence based surveillance systems. The study argues that future constitutional protection requires regulatory reconstruction integrating algorithmic accountability, collective privacy protection, independent supervisory institutions, and adaptive governance principles capable of limiting disproportionate exercises of digital state authority.
Co-Authors Awais Syafik Muslim Muslim Sahal Hanafi Teddy Delano Wildan Baehaqi