Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
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All Journal International Journal of Humanities Education and Social Sciences
Mokh. Thoif
Universitas Sunan Bonang Tuban, East Java, Indonesia
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

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Assessing Constitutional Court Independence After Controversial Rulings in Political Arena Mokh. Thoif; Tutik Asmorowati
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 4 (2026): IJHESS FEBRUARY 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i4.2213

Abstract

This study investigates how judicial independence is discursively constructed and contested following controversial rulings by Indonesia’s Constitutional Court. Drawing on theories of legal realism, neo-institutionalism, and discourse analysis, the research explores whether formal guarantees of judicial autonomy hold symbolic weight amid growing perceptions of political alignment. Using a qualitative case study approach, data were collected through semi-structured interviews with legal scholars, civil society actors, and journalists, complemented by discourse analysis of court rulings and media texts. Findings reveal that the Court’s independence is widely framed as situational, with legitimacy perceived to fluctuate based on alignment with dominant political interests. Respondents highlighted themes of strategic judicial reasoning, media-driven delegitimization, and performative institutional responses, suggesting that public trust is shaped less by institutional design and more by narrative coherence and interpretive transparency. Rather than neutral arbiters, courts are increasingly viewed as political actors embedded within broader struggles for power. The study contributes to literature on judicial politicization and democratic resilience by emphasizing the role of discourse in shaping perceptions of legality and legitimacy. It also offers practical insights for reform, including the need for transparent appointments and greater communicative accountability. The findings suggest that in hybrid regimes, judicial independence must be understood not only as a structural condition but as an ongoing, contested performance shaped by elite discourse, public critique, and symbolic legitimacy.
Trade Contracts in the Hands of AI, Who is Responsible? Tutik Asmorowati; Mokh. Thoif
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 4 (2026): IJHESS FEBRUARY 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i4.2214

Abstract

The increasing integration of artificial intelligence (AI) in the formation and execution of trade contracts has introduced profound legal complexities within Indonesia’s civil law system. While the Indonesian Electronic Information and Transactions Law (ITE Law) and Government Regulation No. 71 of 2019 (PP PSTE) confer legal validity on electronic contracts and the use of electronic agents, they offer limited doctrinal guidance on liability attribution when AI operates autonomously. This normative legal study investigates how existing Indonesian legal instruments, particularly the Civil Code, can accommodate AI-mediated contractual performance and explores who should bear legal responsibility in cases of breach, error, or non-performance. Employing statutory, conceptual, case, and comparative approaches, the research constructs a proximate responsibility model grounded in civil liability theory, legal subject theory, and risk allocation principles. Findings indicate that Indonesia’s anthropocentric notion of legal subjectivity limits current liability frameworks, creating ambiguity where AI operates independently. The study proposes doctrinal reforms, including statutory amendments, administrative oversight, sector-specific regulations, and a multi-stakeholder liability model. These recommendations aim to ensure legal certainty, contractual fairness, and consumer protection in an increasingly automated commercial environment. The study contributes original doctrinal insights by systematically linking Indonesian civil law to emerging international AI governance models and offering a structured pathway for legal reform responsive to technological disruption.
Co-Authors Tutik Asmorowati