Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Leges Privatae Journal of Strafvordering Indonesian Journal of Adat Recht
Rachmadi Usman
Lambung Mangkurat University
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
CIVIL LIABILITY FOR ARTIFICIAL INTELLIGENCE-BASED DECISION MAKING: LEGAL CHALLENGES AND FUTURE DIRECTIONS Rachmadi Usman
Leges Privatae Vol. 2 No. 2 (2026): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zh8zna35

Abstract

The rapid diffusion of artificial intelligence (AI) into decision-making processes across banking, healthcare, transportation, and public administration has exposed significant gaps in existing civil liability regimes, most of which were designed for human tortfeasors or physical products rather than autonomous, self-learning systems.[1] This article examines the legal challenges that AI-based decision-making poses to conventional doctrines of fault, causation, and foreseeability, and evaluates the extent to which existing civil law frameworks, both in comparative jurisdictions and in Indonesia, remain adequate to allocate liability when an algorithmic decision causes harm. Using a normative juridical method combining statutory, comparative, and conceptual approaches, the study analyzes recent regulatory developments, including the European Union’s now-withdrawn AI Liability Directive, the revised Product Liability Directive, and Indonesia’s Civil Code, Consumer Protection Law, and Personal Data Protection Law. The findings indicate that the opacity of many AI systems, the diffusion of responsibility among developers, deployers, and users, and the unresolved question of AI legal personhood collectively produce what several scholars describe as a liability gap that existing fault-based regimes cannot adequately close. The article concludes by proposing a layered civil liability framework that combines risk-based strict liability, a rebuttable presumption of causation, mandatory insurance mechanisms, and algorithmic transparency obligations as future directions for both international and Indonesian law reform, and it argues that legislative intervention, rather than incremental judicial adaptation alone, is necessary to restore legal certainty for victims of AI-related harm.
Strengthening Victims’ Rights in Criminal Justice: Toward a More Victim-Centered Approach in Indonesia Rachmadi Usman
Journal of Strafvordering Indonesian Vol. 3 No. 4 (2026): JOSI - SEPTEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6h20qd17

Abstract

The Indonesian criminal justice system has historically been structured around an offender-centered paradigm, in which the state's monopoly over prosecution and punishment has frequently relegated the interests of crime victims to a peripheral position. Although Indonesia has enacted a series of instruments intended to correct this imbalance including the 2014 Witness and Victim Protection Law, the 2018 Government Regulation on Restitution and Compensation, the 2023 National Criminal Code, and, most recently, the 2025 Criminal Procedure Code the practical realization of victims' rights continues to be constrained by normative fragmentation, weak institutional capacity, and a persistent retributive orientation among law enforcement actors. This article employs normative juridical research, combining statutory, conceptual, and case approaches, to examine the extent to which Indonesia's legal framework accommodates victim-centered justice and to identify the structural obstacles that impede its implementation. The discussion is organized around two principal themes: first, the normative and institutional architecture governing victims' rights, including the role of the Witness and Victim Protection Agency, restitution and compensation mechanisms, and protection against secondary victimization; and second, the emerging reform agenda oriented toward restorative justice, victim impact statements, and procedural participation under the new Criminal Procedure Code. The article concludes that strengthening victims' rights in Indonesia requires not merely additional regulation but a paradigmatic reorientation of the criminal justice system toward substantive, victim-centered justice
Customary Land Rights and State Regulation in Indonesia: Reconciling Indigenous Interests and National Development Rachmadi Usman
Journal of Adat Recht Vol. 3 No. 3 (2026): SEPTEMBER-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/dvpztv69

Abstract

Customary land rights occupy an uneasy position in Indonesia’s legal order. The Constitution recognises customary law communities and their traditional rights, and the Basic Agrarian Law of 1960 acknowledges hak ulayat, yet both make recognition conditional on the continued existence of the community, on consistency with the national interest, and on the principles of the unitary state. At the same time, the state has pursued ambitious development programmes, including the Job Creation Law, the Land Bank Agency, and the construction of the new capital city Nusantara, that intensify demand for land. This article asks how Indonesian law can reconcile the protection of indigenous interests with national development. Using normative juridical research with statutory, case, and conceptual approaches, and drawing on scholarship published mainly between 2021 and 2026, it analyses first the normative architecture and structural tensions of recognition, and second the regulatory gaps and reform pathways for reconciliation. The analysis finds that recognition remains procedural, sectoral, and dependent on state determination; that Ministerial Regulation No. 14 of 2024 advances registration but excludes land already burdened by rights and channels ulayat land toward the Right of Management (HPL); and that development-oriented statutes continue to treat customary land as an obstacle rather than as a legally protected interest. The article argues for a rights-based and non-sectoral framework built on declaratory recognition, free, prior and informed consent, fair compensation and benefit sharing, accessible dispute resolution, and a proportionality test for any limitation of customary land rights.
Co-Authors