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All Journal Jurnal Kybernan Integritas: Jurnal Antikorupsi Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan ADLIYA: Jurnal Hukum dan Kemanusiaan Shar-E: Jurnal Kajian Ekonomi Hukum Syariah Indonesia Private Law Review Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Jurnal Politica Dinamika Masalah Politik Dalam Negeri dan Hubungan Internasional Indonesia Law Review (ILREV) Jurnal Hukum dan Peradilan Jurnal Bawaslu Provinsi Kepulauan Riau Lex Publica Propeller The Prosecutor Law Review Jurnal Keadilan Pemilu Strategi Memperkuat Integritas Lembaga Peradilan Indonesia Judex Laguens CEFARS : JURNAL AGRIBISNIS DAN PENGEMBANGAN WILAYAH Jurnal Agribisnis dan Pengembangan Wilayah
Mustafa, Cecep
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Religion Agriculture, Biological Sciences & Forestry Humanities Automotive Engineering Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Immunology & microbiology Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Social Sciences Other

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Enhancing Indonesia-EU Relations: Balancing AI Regulation, National Security, and Economic Growth In a Digital Age [Meningkatkan Hubungan Indonesia-Eropa: Menyeimbangkan Regulasi AI, Keamanan Nasional, dan Pertumbuhan Ekonomi di Era Digital] Mustafa, Cecep; Komalasari, Rita
Jurnal Politica Vol 16, No 1 (2025): Jurnal Politica Mei 2025
Publisher : Sekretariat Jenderal DPR RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22212/jp.v16i1.4725

Abstract

The integration of artificial intelligence (AI) into national security frameworks has introduced transformative opportunities and challenges, particularly within the European Union (EU). While the EU's AI Act represents a milestone in regulating AI technologies, its national security exception raises significant concerns about oversight, accountability, and compliance. This study examines the implications of this exception for Indonesia-EU relations, focusing on AI governance and its intersection with national security. Using a literature study method, the research analyzes comparative legal frameworks, highlighting the EU's approach and its relevance to Indonesia. The findings underscore critical gaps in Indonesia's AI governance, including the need for robust oversight mechanisms and alignment with international standards. The study concludes that fostering bilateral collaboration, strengthening regulatory frameworks, and balancing security with human rights are essential for advancing AI governance in Indonesia while enhancing its partnership with the EU. These insights offer a practical roadmap for policymakers and contribute to the evolving discourse on equitable and accountable AI regulation. Abstrak Integrasi kecerdasan buatan (AI) dalam kerangka kerja keamanan nasional telahmemperkenalkan peluang dan tantangan transformatif, khususnya di Uni Eropa(UE). Meskipun UU AI Uni Eropa merupakan tonggak penting dalam mengaturteknologi AI, pengecualian keamanan nasionalnya menimbulkan kekhawatiransignifikan mengenai pengawasan, akuntabilitas, dan kepatuhan. Penelitian inimengkaji implikasi pengecualian ini terhadap hubungan Indonesia-UE, denganfokus pada tata kelola AI dan persimpangannya dengan keamanan nasional.Menggunakan metode studi literatur, penelitian ini menganalisis kerangka hukumkomparatif, menyoroti pendekatan UE dan relevansinya bagi Indonesia. Temuanpenelitian menunjukkan adanya celah kritis dalam tata kelola AI Indonesia, termasukkebutuhan akan mekanisme pengawasan yang kuat dan keselarasan dengan standarinternasional. Penelitian ini menyimpulkan bahwa memperkuat kolaborasi bilateral,memperkuat kerangka regulasi, dan menyeimbangkan keamanan dengan hak asasimanusia adalah hal yang penting untuk memajukan tata kelola AI di Indonesiasambil meningkatkan kemitraannya dengan UE. Wawasan ini menawarkan petajalan praktis bagi pembuat kebijakan dan berkontribusi pada diskursus yangberkembang tentang regulasi AI yang adil dan akuntabel.
An Analysis of Foreign Direct Investment, Human Capital Dynamics, and Policy Imperatives in Indonesia and ASEAN Komalasari, Rita; Mustafa, Cecep
Jurnal Politica Vol 15, No 1 (2024): Jurnal Politica Mei 2024
Publisher : Sekretariat Jenderal DPR RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22212/jp.v15i1.4172

Abstract

The primary purpose of this research is to provide a comprehensive understanding of the interplay between FDI and human capital in Indonesia. It seeks to fill gaps in the existing literature by adopting a regional perspective, conducting industry-level analysis, and evaluating multiple dimensions of human capital. Additionally, this study aims to offer tailored policy recommendations to assist Indonesia in escaping the middle-income trap and realizing its full economic potential. This research employs a literature approach. Our analysis reveals that FDI has distinct impacts on human capital dimensions, with variations across regions and industries. While Indonesia has attracted substantial inward FDI, disparities in wages and educational outcomes persist. The changing demand for skilled labor necessitates targeted policies for skills development. Territorial disparities in FDI attraction and human capital development also need to be addressed. The study culminates in a set of tailored policy imperatives aimed at guiding Indonesia towards sustained economic growth, reduced inequalities, and escaping the middle-income trap. These insights and recommendations are timely and essential as Indonesia charts its path in the evolving global economic landscape.
GOVERNANCE IN MODERN LEGAL SYSTEMS: COMPARATIVE MODELS, DISCRETION, AND THE NEXUS OF LAW AND POWER Mustafa, Cecep; Komalasari, Rita
KYBERNAN: Jurnal Ilmiah Ilmu Pemerintahan Vol 16 No 2 (2025): Jurnal Kybernan
Publisher : Program Studi Ilmu Pemerintahan Fakultas Ilmu Sosial dan Ilmu Politik Universitas Islam 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33558/kybernan.v16i2.11498

Abstract

Modern legal systems function not merely as frameworks for dispute resolution but as dynamic expressions of governance, reflecting societal values, institutional designs, and political philosophies. This paper examines how diverse governance models influence legal practice, with a focus on the United States, China, and Western Europe. The study aims to uncover the mechanisms through which law both constrains and empowers state actors, influences judicial discretion, and balances individual rights with collective objectives. Methodologically, the analysis combines comparative legal study with a functional examination of internal governance structures, including administrative regulation, evidentiary standards, and procedural oversight. By integrating doctrinal analysis with cross-jurisdictional comparison, the paper evaluates both the external relationships between states and citizens and the internal regulation of specialized actors within the legal system. The findings reveal that governance models profoundly influence legal outcomes. The U.S. principal–agent model emphasizes limits on state power and protection of individual rights, the Chinese unitary model prioritizes policy efficiency and centralized control, and the European public feature model promotes collective justice through active judicial engagement. Moreover, internal governance mechanisms—ranging from forensic regulation to discretionary oversight—play a critical role in ensuring consistency, fairness, and reliability. Overall, the study concludes that legal governance operates at the intersection of law, power, and procedure, mediating both societal expectations and institutional capabilities. Understanding these dynamics is essential as globalization, technological innovation, and political change continue to reshape the contours of justice, authority, and legitimacy worldwide.
Addressing Willful Blindness: A Multi-Domain Framework for Enhancing Legal Accountability and Fairness Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.551-584

Abstract

Willful blindness, a legal doctrine in which individuals deliberately avoid knowledge to escape accountability, plays a significant role in the adjudication of crimes such as corporate fraud, financial misconduct, and sexual assault. However, current research has not fully examined its strategic misuse or provided a comprehensive analysis of its application across different legal contexts. This study bridges these gaps by introducing a Multi-Domain Analytical Framework to evaluate the concept's impact, strategic use, and broader implications in both criminal and civil cases. Empirical findings reveal that willful blindness is often employed to evade legal responsibility, undermining justice and compromising the fairness of legal outcomes. The study further demonstrates the inadequacy of existing legal standards and evidentiary requirements in addressing this issue. To counter these challenges, the research proposes targeted policy reforms designed to strengthen accountability, enhance evidentiary clarity, and improve the overall fairness and effectiveness of the legal system. In conclusion, willful blindness remains a critical and manipulative tool with profound implications for justice and accountability. This study highlights the necessity of reforming legal frameworks to mitigate the strategic exploitation of willful blindness. By setting the stage for further research and policy development, the findings contribute to the ongoing evolution of a more just and equitable legal system capable of addressing the complexities of modern legal challenges.
THE PERCEPTIONS OF INDONESIAN JUDGES IN SENTENCING MINOR DRUG OFFENDERS: CHALLENGES AND OPPORTUNITIES Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 9 No 1 (2020)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.1.2020.1-26

Abstract

This paper presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack of understanding of the harm caused by taking drugs and living under drug prohibition were considered as contributing factors to people involved in minor drug offences. Thus, minor drug offenders are considered by judges as victims of their circumstances. Within structural inequality, the imposition of harsh sentencing to minor drug offenders who suffer from socio-economic problems raises issues surrounding justice. Within the current legal structure of Indonesian courts, which are primarily retributive and have drug prohibitionist policies, the majority of participating judges consider drug sentencing as reflecting those prohibitionist policies. However, a substantial minority of participating judges interpreted the form of the sentence within available limits. These findings will contribute to the sociological understanding of the context in which judicial culture shaped the formation of the judiciary as a group and the impact of Islamic culture on the participating judge’s positive preference for rehabilitative problem-solving in the Indonesian context.
ANALYSIS AND EVALUATION OF LEGAL AID IN THE INDONESIAN COURT Suhariyanto, Budi; Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 11 No 2 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.2.2022.176-194

Abstract

This article examines the regulation and application of legal aid services in Indonesian Courts. Normatively, the guidelines for the provision of legal aid in court are based on the Law on Judicial Power, Law on General Courts, Law on Religious Courts and Law on State Administrative Courts, and Supreme Court Regulation Number 1 the year 2014 (Perma). On the one hand, there is incoherence in the provision where the law determines that free legal service (Posbakum) service supported any level of the court until the decision is legally binding and executable, whereas in Perma applicable for the district court. On the other hand, there is an expansion of the provision of legal aid services regulated by Perma, namely that the recipient of services is not required by the poor as stipulated by law, but also for those who cannot afford to pay for advocate services. The leniency of this requirement is to facilitate people who are not categorized as poor but cannot pay for the services of a lawyer. In addition, Perma also provides services in the form of Sessions Outside the Court Building (SLGP) to facilitate justice seekers who have limited access to transportation and accommodation for the distance from the court. So the inability of the justice-seeking community is also interpreted as the inability to access trials or litigate cases in court due to the remote location or difficulty in transportation and accommodation. There are several obstacles in providing legal aid services at the court, namely related to budget constraints, lack of socialization, and availability of facilities and infrastructure. This article contributes to the role of the Indonesian Court in providing unique access to justice.
Electronic Evidence in The Healthy Justice System: Reimagined Komalasari, Rita; Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 12 No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.547-580

Abstract

This study addresses one of the critical difficulties related to the admissibility of electronic evidence. This essay examines the reliability of electronic evidence in foreign criminal and civil justice systems and offers suggestions for revising the reliability of electronic evidence in Indonesian court processes. In terms of the legitimacy of electronic evidence in the criminal justice system, the method adopted is the present comparative policy approach in various nations. The paper presents the concept of a rapid check mechanism for verifying electronic evidence, which swiftly advances the settlement of criminal and civil cases.
Gender Equality in the Criminal Justice System in Dubai: Between Sharia and Human Rights Mustafa, Cecep; Komalasari, Rita
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 10 No. 1 (2024): Shar-E: Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v10i1.2726

Abstract

This paper explores the distinctive fusion of tradition and modernity in Dubai and offers an engaging context for analyzing the ways in which the criminal justice system responds to the difficulties presented by the coexistence of Sharia law and human rights ideals. With a focus on minority rights and gender problems, the research seeks to give a thorough knowledge of how the cohabitation of Sharia law and human rights impacts justice, equality, and respect for human rights. The research aims to clarify the difficulties present in this legal environment and provides suggestions for future improvements through a targeted examination. The study critically examines legal provisions, precedents, and practical implementations, utilizing legal pluralism as a theoretical framework to understand the interplay between Sharia law and human rights principles. Insights from stakeholder and legal expert interviews are also incorporated into the analysis to provide viewpoints from inside the criminal justice system. The study highlights both advancements and difficulties in providing a detailed knowledge of gender relations within the criminal justice system. The study ends with a critical analysis of the implications for policy and possible changes, adding to the continuing conversation about justice, equality, and human rights in Dubai's developing legal system.
Strengthening asset recovery efforts: A path to mitigating corruption in the public sector Komalasari, Rita; Mustafa, Cecep
Integritas: Jurnal Antikorupsi Vol. 10 No. 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1042

Abstract

This paper comprehensively analyses the impediments hindering Indonesia's anti-corruption and asset recovery efforts. It advocates for a holistic approach, emphasizing collective action, trust in public office, and the integration of civil forfeiture as essential components of an effective anti-corruption strategy. The ultimate goal is to contribute to a transparent and corruption-free future in Indonesia. We employ a literature-based inquiry method to investigate Indonesia's multifaceted challenges in combating corruption and recovering illicitly acquired assets. Our analysis reveals widespread corruption, weakened institutions, and a lack of trust in public officials hamper Indonesia's anti-corruption and asset recovery efforts. We argue that a holistic approach that combines infrastructural development, social rehabilitation, people em-powerment, and regulatory reforms is essential. Additionally, civil forfeiture, when integrated effectively, can aid asset recovery. To succeed, these efforts must prioritize the restoration of trust in public office. This paper contributes valuable guidance for policymakers and practitioners striving to create a more transparent and corruption-free future in Indonesia, offering a fresh perspective on addressing corruption in an emerging economy.
CONTRADICTION OVER THE APPLICATION OF CORPORATE LIABILITY IN CORRUPTION COURT DECISIONS IN INDONESIA Suhariyanto, Budi; mustafa, cecep
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal offenses is taken from the lack of punishment of its management. These four models cause a contradiction in normative perspectives. This paper contributes to the understanding of the context in which The Anti-Corruption Law shaped the judicial interpretation of corporate criminal liability
Co-Authors Budi Suhariyanto, Budi Hasbi Hasan Komalasari , Rita Moch Ridwan, Moch RITA Rita Komalasari