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All Journal International Journal of Law Reconstruction JHCLS Justice Dialectical
Hilaire Tegnan
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Other

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Indonesian National Development Planning System Based on State Policy Guidelines (GBHN) : A Return to the Future? Hilaire Tegnan; Charles Simabura; Saldi Isra
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2976

Abstract

The National Guidelines of State Policy known to the Indonesian people as Garis Besar Haluan Negara (GBHN) used to be a set of political, economic and social principles enacted every five years by the People’s Consultative Assembly or Majels Permusyawaratan Rakyat (referred to as MPR hereafter) that had to be followed by both central and regional governments for the prosperity of Indonesia and the Indonesian people. However, since the amendments to the 1945 Constitution (1999-2002), which stripped MPR of much of its power, this national development planning scheme was abolished and decentralization was established throughout Indonesia. Nevertheless, in recent years more voices are being heard demanding the reinstatement of the National Guidelines. This paper discusses the issue of national development planning at the central government level. Drawing on the example of the Indonesian National Guidelines of State Policy, the paper argues that a possible return to the old guideline policy could be counter-productive as it would harm the decentralization process, political freedom, democracy, human rights, and the rule of law in Indonesia.
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.
Reconstructing National Economic Loss in Corruption Crimes Elisabeth Sundari; Hilaire Tegnan; Muhammad Rizqi Alfarizi Ramadhan
Jurnal Justice Dialectical Vol 3 No 2 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i2.96

Abstract

Although various law enforcement instruments have been implemented, the handling of losses due to corruption still tends to focus on state financial losses, without considering the broader state economic losses that have a far more systemic and long-term impact. This research aims to reconstruct the elements of state economic losses to make them more operational in judicial practice, serving as a basis for fair and comprehensive recovery. The method employed is a normative juridical approach, incorporating statutory, conceptual, and case-based elements. The results of the research indicate that first, the element of state economic losses in criminal acts of corruption has not been implemented effectively due to the lack of a clear normative definition, the absence of standard quantitative parameters, and low application in judicial practice due to legal doubts and weak technical capacity of law enforcement officials. This results in the handling of losses due to corruption continuing to focus on narrow state financial losses while ignoring broader and systemic economic impacts. Second, a legal reconstruction of the element of state economic losses is necessary by strengthening the definition in Article 1 of the Corruption Law, adding characteristics and scope to the article’s explanation, and expanding the concept of confiscation and compensation to include structural losses. In addition, the implementation of alternative recovery mechanisms, such as settlement fines from the investigation stage, is important as a restorative effort that objectively considers the value of economic losses.
Co-Authors Elisabeth Sundari Muhammad Rizqi Alfarizi Ramadhan Saldi Isra Simabura, Charles Wisnubroto, Aloysius