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Wisnubroto, Aloysius
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Judicial Connectivity in the Case of Firearm Sales by Military Personnel to Civilians : a Review of Military and General Court Decisions in Indonesia Hardiyanto, Benediktus Sulistyo; Wisnubroto, Aloysius; Widiartana, G.
Locus Journal of Academic Literature Review Vol 4 No 1 (2025): April
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v4i1.413

Abstract

This article aims to find out and analyze the settlement of cases of connexity between military personnel and civilians in the sale and purchase of assembled firearms as well as the political views of the law regarding future cases of connexity. Laws, rules, and judicial rulings are the subjects of this normative legal study. Data sources are primary, secondary and tertiary legal materials. The results showed that the resolution of the military-civilian connexity case in Military Court Decision Number 70-K/Pm Iii-18/Ad/X/2021 & District Court Decision Number 99/Pid.Sus/2021/Pn Sml was not carried out in accordance with the Criminal Code, the Criminal Procedure Code, the Military Justice Law and the Judicial Power Law because it was carried out separately. The political view of the law regarding the resolution of koneksitas cases is that there have been several legal reforms regarding koneksitas cases in Indonesia, but they have not been implemented until now, therefore there must be firmness and commitment from law enforcers to implement them.
Preventing AI Crime Towards A New Legal Paradigm: Lessons From United States Wisnubroto, Aloysius; Hilaire Tegnan
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.606

Abstract

Indonesia has several laws to address AI-based crimes; however, the legal and criminal justice systems fail to address technology and AI-based crimes. This study aims to answer questions regarding the causes of the legal system in Indonesia having problems in resolving artificial intelligence-based crime cases and how the legal paradigm is developed and operationalised to anticipate the development of artificial intelligence-based crimes. This research employs a juridical-normative method and comparative law studies. The study shows that, firstly, positive criminal law with a legal-positivistic paradigm does not address adequately the dynamic and complex nature of AI-based crimes, which significantly impact social change. Learning from the US judicial system, which allows for the formation of legal sources through judges’ decisions, the resolution of AI crime cases in Indonesia needs to begin with liberation from the shackles of rigid legal texts. Secondly, to anticipate the development of AI crimes, it is essential to optimise the applicable criminal law through a new law enforcement paradigm developed from the principles of progressive law. This includes applying the principle of law for humans and the pillars of search, liberation, and enlightenment as foundational elements for legal innovation. By embracing the flexibility of the progressive legal paradigm, Indonesia can anticipate to changes in society and effectively manage the growth of AI-based crimes.
The Active Judge System in the Adversary Model: Prospects for Its Application in Indonesia Wisnubroto, Aloysius; Regina Ferreira Lay, Frisca; Margareth Soumokil, Yohana
International Journal of Science and Environment (IJSE) Vol. 5 No. 4 (2025): November 2025
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v5i4.239

Abstract

This article examines the feasibility of adopting an active judge system within Indonesia’s adversarial model of criminal procedure. Traditionally, adversarial systems emphasize the passive role of judges as neutral arbiters between prosecution and defense, while inquisitorial systems permit judges to play an active role in fact-finding. Indonesia, rooted in the civil law tradition, has developed a hybrid legal culture that incorporates both adversarial and inquisitorial elements, particularly through its emphasis on the pursuit of material truth (kebenaran materiil). By employing a normative juridical method, this study explores whether the active judge system is compatible with Indonesia’s legal framework and constitutional guarantees of fair trial. The findings suggest that while a fully adversarial approach may not align with Indonesia’s legal tradition, a modified model that balances judicial impartiality with active engagement in fact-finding could enhance substantive justice. However, risks of bias, abuse of power, and violations of due process must be mitigated through clear procedural safeguards and judicial ethics. This article concludes that Indonesia could realistically adopt a hybrid adversarial model with inquisitorial elements, allowing for a proportionate active role of judges in ensuring justice and material truth.
Revisiting the Indonesian Criminal Procedure Code: Paradigmatic Issues and the Challenges of an Evolving Era Wisnubroto, Aloysius
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 2 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/0zw38q20

Abstract

The reform of criminal procedure law in Indonesia has become a necessity, as the Criminal Procedure Code (KUHAP), after more than four decades of implementation, is confronted with the transformations of human civilization that characterize the postmodern era. This study seeks to address two key questions: why the postmodern condition necessitates a response in the renewal of Indonesian criminal procedure law, and how the KUHAP should be reconceptualized. Employing a juridical-normative approach, this research argues that reform cannot be limited to technical procedural adjustments but must extend to a paradigmatic shift. Rooted in modern legal concepts shaped by positivism, the KUHAP must adapt to the challenges of postmodern realities, which are increasingly complex, non-linear, global, segmentary, and multiversal. To bridge this gap, a progressive concept of criminal procedure law is required—one that maintains the principles of lex scripta, lex certa, and lex stricta, while simultaneously allowing space for rationally and morally justifiable legal breakthroughs in extraordinary circumstances.
Bewijsvoering Analysis of Electronic Evidence in Criminal Cases’s Proving Wisnubroto, Aloysius; Setyawan, Vincentius Patria
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1270

Abstract

An important aspect that cannot be separated from the evidentiary process is related to how to obtain and present evidence to the judge before the trial. Wiretapping as electronic evidence obtained secretly often gives rise to debate from the perspective of bewijsvoering, and the evidentiary value of electronic evidence obtained through wiretapping. This article will discuss the use of wiretapping results as electronic evidence in relation to its evidentiary value in court. The results of this research show that there is a dualism in bewijsvoering the results of wiretapping as electronic evidence, some are of the opinion that bewijsvoering the results of wiretapping as electronic evidence must be obtained legally, and other opinions state that bewijsvoering is a separate matter from proof, as long as the evidence is submitted to the front. the trial is in accordance with the facts and other evidence, then the evidence is considered valid.
LAW AS SIMULACRA: A POSTMODERNIST CRITIQUE OF THE DIGITALIZATION OF JUDICIAL PROCESSES Setyawan, Vincent; Wisnubroto, Aloysius
FOCUS: Jurnal of Law Vol 6 No 2 (2025): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v6i2.714

Abstract

The rapid digital transformation of judicial systems, especially through e-court, e-litigation, and AI, has improved efficiency but also raised philosophical concerns about law and justice. Drawing on Jean Baudrillard’s theory of simulacra and simulation, this study suggests that digitalized law risks creating a gap between procedural and substantive justice, as legal processes become technological representations detached from their humanistic and moral foundations. Using normative legal research and a postmodern philosophical approach, the study explores how digital judicial mechanisms manifest law as simulation. The findings indicate that digitalization prioritizes efficiency and procedural legitimacy but does not fully ensure substantive justice. The study calls for a philosophical critique to prevent the reduction of law to mere administrative technology. It emphasizes the need for ethical reinforcement, transparency, and public participation to preserve the true meaning of justice and safeguard its humanistic values.
Co-Authors Hardiyanto, Benediktus Sulistyo Hilaire Tegnan Margareth Soumokil, Yohana Regina Ferreira Lay, Frisca Setyawan, Vincent setyawan, vincentius patria Widiartana, G.