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All Journal LEGAL BRIEF Jurnal Kompilasi Hukum
Kenneth, Kenneth
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Power Relations and Criminal Law Challenges in Addressing Sexual Violence in Indonesian Educational Institutions Wijoyo, Thalia Ongko; Kenneth, Kenneth
Journal Kompilasi Hukum Vol. 10 No. 2 (2025): Jurnal Kompilasi Hukum
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jkh.v10i2.277

Abstract

Sexual violence in educational institutions has emerged as a persistent and complex problem in Indonesia, reflecting the intersection of unequal power relations, institutional culture, and gaps in legal enforcement. This paper examines the issue from a criminal law perspective, focusing on case studies involving universities, Islamic boarding schools, and private tutoring settings. Using a normative juridical approach, the study analyzes legal documents, judicial decisions, and secondary literature to evaluate how Indonesian criminal law addresses sexual violence in education. The findings show that, although Indonesia has recently adopted progressive legislation and established institutional mechanisms such as task forces for prevention and handling, the implementation remains fragmented and often fails to provide adequate protection to victims. Case studies, including the widely discussed Agni case at Universitas Gadjah Mada and the high-profile Herry Wirawan case, highlight recurring patterns of institutional reluctance, victim blaming, and weak accountability structures. Comparative insights from Title IX in the United States and the Sexual Offences Act in the United Kingdom demonstrate that mandatory reporting obligations, trauma-informed procedures, and institutional accountability frameworks are crucial in bridging the gap between legal norms and practice. This study concludes that Indonesia requires a more integrated criminal law policy that strengthens enforcement, mandates institutional responsibility, and prioritizes victim-centered approaches to effectively address sexual violence in educational settings.
Human Rights Implications of Artificial Intelligence Use in the Indonesian Judicial Process Satya, Adhika Mahindra; Kenneth, Kenneth; Harianja, Syahban Alvian Hamonangan; Krisma Waruwu, Rivaldo William
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1550

Abstract

The integration of artificial intelligence into justice systems offers efficiency and access gains, but raises human rights and constitutional concerns. In Indonesia, judicial institutions have begun piloting AI-supported tools for court administration and limited decision support across civil and criminal cases, yet adjudication remains fully human. The absence of a tailored governance framework poses risks to the rule of law, judicial independence, and equality before the law. This study analyses normative weaknesses in Indonesia’s regulation of judicial AI and formulates a rights-based governance model. The method used is normative legal research employing statutory and conceptual approaches based on secondary legal materials. The results show that unclear boundaries around AI functions can turn decision-support outputs into de facto determinants of procedural direction, weakening fair-trial guarantees when parties cannot know, challenge, or obtain human review. The findings further indicate that governance must mandate human-in-the-loop control, transparency, and contestability, alongside cybersecurity, operational reliability, audit logging, and bias mitigation. Inclusive access requires hybrid service channels, so digitalisation does not exclude communities in areas with limited infrastructure. The conclusion is that Indonesia should strengthen rights-based governance so that AI improves efficiency without eroding constitutional guarantees and the legitimacy of the rule of law
Co-Authors Harianja, Syahban Alvian Hamonangan Krisma Waruwu, Rivaldo William Satya, Adhika Mahindra Wijoyo, Thalia Ongko