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All Journal Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Journal of Law and Legal Reform JILS (Journal of Indonesian Legal Studies)
Fadzil, Rozlinda Mohamed
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges Ardhanariswari, Riris; Nursetiawan, Eko; Amalia, Syarafina Dyah; Cahyani, Enny Dwi; Fadzil, Rozlinda Mohamed
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i2.9565

Abstract

The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.
Legal Reform of Artificial Intelligence's Liability to Personal Data Perspectives of Progressive Legal Theory Junaidi, Junaidi; Pujiono, Pujiono; Fadzil, Rozlinda Mohamed
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.3437

Abstract

Advances in technology help people carry out their activities more easily. One of them is artificial intelligence which is used in various fields. However, the use of Artificial Intelligence has a negative impact, such as the emergence of Artificial Intelligence actions that violate ethics, legal regulations, or harm other parties that must be accounted for. The purpose of the research is to find out the legal liability of Artificial Intelligence for misuse of personal data based on progressive legal theory and the protection of personal data against the use of Artificial Intelligence based on Law Number 27 of 2022. The research method used normative legal research focuses on active legal inventories, legal principles and doctrines, legal discovery in specific cases, legal systems, levels of uniformity, comparative law and legal history. The research found that the use of Artificial Intelligence in collecting and analysing personal data can threaten individual privacy. Indonesia already has Law Number 27 of 2022 concerning Personal Data Protection, for the application and implementation of the law there is no governing Government Regulation, so that the legal protection provided is still not optimal. For this reason, it is necessary to have laws and regulations that specifically regulate the use of Artificial Intelligence, so that violations of the law that result in losses due to the use of Artificial Intelligence that can collect and analyse personal data can be held legally responsible.
Enhancing SDGs Desa Implementation for Human Right Fulfillment in Banyumas Regency: An Empirical Judicial Analysis Ardhanariswari, Riris; Azzahro, Fathimah; Fauzan, Muhammad; Fadzil, Rozlinda Mohamed; Hariyanto, Hariyanto
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4581

Abstract

Sustainable Development Goals Desa (SDGs Desa) are integrated efforts of village development to accelerate the achievement of sustainable development goals. Since 2021, the village government in Banyumas Regency has implemented SDGs Desa program with an achievement score of 46.94. Therefore, this study aimed to determine the implementation of SDGs Desa and increase the achievement of the program by optimizing the role of experts to fulfill human rights in Banyumas Regency. An empirical juridical method was adopted using primary data in the form of FGDs, interviews, questionnaires, and documentation studies. Furthermore, FGD was conducted with representatives of officials from 49 villages and the data was in the form of primary, secondary, and tertiary legal materials. The results showed that the SDGs Desa program was implemented in line with the village even though there were obstacles in the data collection process. These comprised server errors, and inadequate internet network conditions, including village government knowledge related to minimal system use. Conceptually, this program has similarities with the Saansad Adarsh Gram Yojana (SAGY) program in India. Future studies could be performed because the regulations regarding villages and their derivatives regulated SDGs Desa including planning, implementation, and development mechanisms. Expert assistance was also important for increasing community participation and optimizing budget allocation to harness income sources and realize their full potential.
Co-Authors Azzahro, Fathimah Enny Dwi Cahyani HARIYANTO HARIYANTO Junaidi Junaidi Muhammad fauzan Nursetiawan, Eko Pujiono Pujiono Riris Ardhanariswari Syarafina Dyah Amalia