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Nurturing Tomorrow’s Jurists: Rethinking the Indonesian Constitutional Court's Clerkship System through a Comparative Lens Albar, Rafsi Azzam Hibatullah; Siregar, Eugenia Felicia Natiur; Al Asyari, Haekal
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.74043

Abstract

This paper dives into the clerkship system at the Indonesian Constitutional Court (MK), an independent judicial organ that holds high importance as the guardian of the constitution. While the court’s nine justices benefit from the existence of a clerk’s office, its work is still very limited to administrative matters. The paper begins by questioning whether the current system is sufficient to assist justices in their work and fulfill the larger aims of judicial clerkship. Its ultimate objective as a follow-up to the question is to identify ways to improve MK’s clerkship system. In order to assess the Indonesian clerkship system, a comparative analysis study of three other countries’ courts that similarly act as guardians of their respective constitutions – namely the Supreme Court of the United States, Constitutional Court of South Africa, and Supreme Court of India – is conducted. It is found firstly that there is indeed a need to change the clerkship system in MK as there are multiple ways in which clerks can help the court and benefit from it. Consequently, the changes that should be made run deep into the very purposes and roles of clerks, the structure of the committee or program, and the expected qualifications and selection process. By drawing inspiration from the three aforementioned courts, a contextualized adoption can be identified by taking into account Indonesia’s own circumstances.
Artificial Intelligence in Indo-Pacific Putro, Yaries Mahardika; Tarigan, Muhammad Insan; Al Asyari, Haekal
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43449

Abstract

The use of Artificial Intelligence in the military is like two sides of a coin. It can provide convenience and aid in military operations but has the potential to hinder military operations. Dangerous and potentially catastrophic for humanity will be inevitable as no restrictions on its use. The United States, China, Australia, Japan, and India are examples of nations whose militaries have developed artificial intelligence technology. Geographically, Southeast Asia, which is located in the middle of these nations, will experience a significant impact due to its tight maritime borders if there is no international consensus on the military application of artificial intelligence technology. An autonomous or autonomous system to operate this technology will reduce the amount of human control and allow it to operate without any human intervention. It will be a threat to the application of the fundamental principles of international humanitarian law, such as the distinction principle, and proportionality principle. Where these principles are tightly intertwined with human command and control in making decisions regarding the execution of attacks. The article employs normative legal methodology. Furthermore, this paper endeavours to assess the pertinence of principles in international humanitarian law during the era of the artificial intelligence arms race. It also delves into the contribution of ASEAN in upholding stability, peace, and security in the Southeast Asia region, thereby reinforcing the importance of this research. This research emphasises the importance of aligning the progress of artificial intelligence in military contexts with core principles of international humanitarian law. It underscores the need for ASEAN to safeguard regional peace and security by establishing a novel regulatory framework that outlines restrictions on the development and deployment of artificial intelligence for military objectives.Keywords: Artificial Intelligence, International Law, Peace and Security, Southeast Asia.
Satellite Mega Constellations: Conflict between Freedom of Exploration and Unsustainable Outer Space Activities Putro, Yaries Mahardika; Andriani, Popy; Salsabila, Gusti; Al Asyari, Haekal
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.06

Abstract

In the era of space commercialization, the State is no longer the sole actor in international space activities; private companies such as SpaceX and OneWeb are now playing huge roles in these endeavors. The Mega constellation of satellites is devised by these private companies to provide low‐cost and low‐latency internet services to remote areas. This large-scale deployment is a network of a large number of satellites. Even though this connectivity venture is guaranteed under the freedom of exploration principle of the law of outer space, it is potentially hazardous in terms of problems connected with the accumulation of space debris and interference with astronomy research. Additionally, the legal vacuum concerning these issues is an area of great concern. This research has employed normative juridical research methods along with statutory and conceptual approaches. This study will examine the limits and scope of the principle of freedom of exploration and assess the urgency of ensuring the sustainability of mega constellation satellite projects. Through these examinations, the research aims to present the case for a robust space governance as a part of sustainable development practices.
Between Freedom And Protection: A Critical Review Of Indonesia’S Cyberspace Law Al Asyari, Haekal
Prophetic Law Review Vol. 5 No. 1 June 2023
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol5.iss1.art5

Abstract

Following the COVID-19 pandemic, dependency on the internet—notably, the utilization of cyberspace—has increased, amplifying the virtual domain to a prominent role in everyone’s everyday life. As a country with one of the highest number of internet users in Asia, Indonesia faces challenges of unequal access, limits on content, data privacy, data security, and digital literacy. Given that cyberspace infrastructure is shared between governments, corporations, individuals, and telecommunication providers while individual countries govern the networks, the Indonesian government is under its own exclusive authority to legislate and create policies governing Indonesia’s cyberspace. There has been significant progress toward a legal framework of Indonesia’s cyberspace law, such as the enactment of the Personal Data Protection Law. Unfortunately, such progress is far from being effective. It is evident from Indonesia’s fragmented laws, response-driven policies, and the numerous cyber incidents that have occurred only within the past years. This article investigates Indonesia’s legal-philosophical position in governing the cyberspace. By using a normative methodology, this research crystallizes Indonesia’s position between the freedom or the protectionist approach through analyzing the existing cyberspace regulations. The result of this study shows that Indonesia is somewhere in the middle of liberalizing its cyberspace and protecting it for its national interest. This position could bring both advantages and disadvantages to Indonesia’s cyberspace development.Keywords: Cyberspace, Freedom, Indonesia, Protection. Antara Kebebasan dan Perlindungan: Tinjauan Kritis Terhadap Hukum Dunia Maya Indonesia AbstrakSetelah pandemi COVID-19, ketergantungan pada internet—terutama pemanfaatan dunia maya—telah meningkat, memperkuat domain virtual menjadi peran penting dalam kehidupan sehari-hari setiap orang. Sebagai negara dengan salah satu pengguna internet terbanyak di Asia, Indonesia menghadapi tantangan berupa ketimpangan akses, batasan konten, privasi data, keamanan data, dan literasi digital. Mengingat bahwa infrastruktur dunia maya dibagi antara pemerintah, perusahaan, individu, dan penyedia telekomunikasi sementara masing-masing negara mengatur jaringan, pemerintah Indonesia berada di bawah otoritas eksklusifnya sendiri untuk membuat undang-undang dan membuat kebijakan yang mengatur dunia maya Indonesia. Ada kemajuan signifikan menuju kerangka hukum hukum dunia maya Indonesia, seperti pemberlakuan Undang-Undang Perlindungan Data Pribadi. Sayangnya, kemajuan tersebut jauh dari efektif. Hal ini terlihat dari undang-undang Indonesia yang terfragmentasi, kebijakan yang digerakkan oleh tanggapan, dan banyaknya insiden dunia maya yang terjadi hanya dalam beberapa tahun terakhir. Artikel ini mengkaji posisi filosofis hukum Indonesia dalam mengatur dunia maya. Dengan menggunakan metodologi normatif, penelitian ini mengkristalkan posisi Indonesia di antara pendekatan kebebasan atau proteksionis melalui analisis regulasi dunia maya yang ada. Hasil studi ini menunjukkan bahwa Indonesia berada di tengah-tengah liberalisasi dunia maya dan melindunginya untuk kepentingan nasionalnya. Posisi ini dapat membawa keuntungan dan kerugian bagi perkembangan dunia maya Indonesia.Kata kunci: Cyberspace, Kebebasan, Indonesia, Perlindungan.
Orientalist Influence and Its Decline in Indonesian Islamic Studies: Tracing Intellectual and Institutional Transformations Suaidi; Hilmy, Masdar; Al Asyari, Haekal
Al-Risalah Vol 25 No 1 (2025): June 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v25i1.1936

Abstract

 It is undeniable that many Orientalist works have hurt Oriental images up to the present time. However, it is equally important to acknowledge the positive contributions of Orientalist scholarship to the advancement of Oriental studies. In the context of Indonesian Islamic studies, both Western researchers (Orientalists) and Indonesian-born Muslim scholars have played a significant role in shaping Islamic educational institutions and influencing individual Muslim scholars. In terms of higher education institutions, all traditional State Islamic institutions (IAINs) and most of the State Islamic Colleges (STAINs) have been transformed into Islamic State Universities. At the individual level, a substantial number of Indonesian-born scholars—many of whom studied under Orientalists in Western universities—have emerged as influential figures, making significant contributions to the development of both Islamic and general academic fields in Indonesia. However, over the past decade or so, such influence has notably declined. By utilizing data from individual initiative research and employing ‘loose’ text and contextual analysis methods, this article examines the early progress and recent decline of Orientalist influence on Indonesian Islamic studies, and discusses potential future trajectories.
ChatGPT and Legal Education in Indonesia: Examining Readiness and Implications Al Asyari, Haekal; Halim, Hanif Abdul; Roselynn Nikita Tan, Rachelle Amadea
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.19338

Abstract

ChatGPT has demonstrated significant development and found practical applications in legal education. Due to its usability, accessibility, and rapid development, ChatGPT is expected to enhance students' and lecturers’ experience, improve legal research, personalize learning, and offer real-time feedback and support to students. Some countries have even imposed restrictions on the use of ChatGPT. In Indonesia, ChatGPT has gained significant traction, making it crucial to examine its implications for legal education. This empirical study found that despite optimistic projections in scholarly literature, Indonesian law schools remain skeptical about ChatGPT’s role in legal studies and teaching. In terms of readiness, while ChatGPT is actively used in legal research, case and law analysis, legal writing, and examinations, its integration into legal education lacks institutional policies, curriculum adjustments, and sufficient digital literacy programs. While lecturers have experimented with AI more frequently, students are its primary users. The implications of ChatGPT’s use include concerns over plagiarism, academic integrity, and its potential to hinder critical thinking, alongside its limitations in handling complex legal reasoning. However, ChatGPT has already reshaped legal education, influencing students’ approaches to legal research, writing, and assessments, as well as lecturers’ methods of preparing teaching materials and evaluations. These findings highlight the need for law schools to establish AI governance frameworks, modify assessment methods, and enhance digital literacy to ensure ChatGPT’s responsible and effective integration into legal education.