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Items Wrongfully Seized in Corruption Cases Tirtakusuma, Andreas Eno
Journal of Law and Humanity Studies Vol. 2 No. 2 (2025): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/yy455119

This paper examines the legal mechanism for third parties to file objections to the wrongful seizure of items, focusing on the applicability of Supreme Court Regulation (PERMA) No. 2 of 2022. The approaches used include legislative, case-based, and conceptual approaches. The Djoko Susilo case serves as a concrete example, where the defendant's family filed an objection to the seizure of assets that were not proceeds of a crime. PERMA No. 2 of 2022 provides a procedure for filing objections in an orderly, swift, and cost-free manner, while avoiding overlap between civil and administrative jurisdictions. However, the success of the objection is heavily dependent on proving the "good faith" of the third party, a concept that in practice is often subject to multiple interpretations and prone to misuse. This PERMA has unified legal interpretations, provided legal certainty, and strengthened the protection of ownership rights of third parties not involved in criminal activities, although the element of "good faith" remains a crucial point in determining whether the objection request will be granted by the judge. This concept needs to be clarified normatively to prevent legal ambiguity and ensure the principle of substantive justice in criminal law enforcement, particularly in corruption cases involving property.

Artificial Intelligence and the Legal Framework in Preventing Financial Report Manipulation in Indonesia Tirtakusuma, Andreas Eno Eno; Tirtakusuma, Eleazar Josiah Josiah; Tirtakusuma, Adino Jedidiah Jedidiah
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47111

Financial statement manipulation undermines investor trust and market stability, particularly in Indonesia, where recurring scandals highlight enforcement challenges. This study aims to analyze manipulation techniques, evaluate the dual role of artificial intelligence in detection and perpetration, and propose regulatory enhancements. Employing a qualitative descriptive approach with a normative legal perspective, the research examines case studies of Indonesian firms, including PT Kimia Farma and eFishery, using statutory and conceptual analysis. The findings reveal prevalent manipulation methods, such as inventory inflation and related-party transactions, driven by factors outlined in the fraud hexagon theory, including pressure and opportunity. Artificial intelligence enhances detection through anomaly identification but risks enabling sophisticated fraud if unregulated. Weak internal controls and inconsistent legal enforcement exacerbate these issues. The study concludes that mandatory artificial intelligence training for auditors, stricter disclosure requirements, and dedicated oversight bodies are essential to strengthen financial reporting integrity. These measures can foster transparency and accountability in Indonesia’s financial ecosystem. Future research should explore artificial intelligence’s effectiveness in high-growth startups to address evolving fraud dynamics.

AUDIT INVESTIGASI KERUGIAN KEUANGAN NEGARA DALAM PENYIMPANGAN PENGELOLAAN DANA DESA DI KECAMATAN DUSUN SELATAN KABUPATEN BARITO SELATAN KALIMANTAN TENGAH Tirtakusuma, Andreas Eno
JURNAL ILMIAH EDUNOMIKA Vol. 8 No. 4 (2024): EDUNOMIKA
Publisher : ITB AAS Indonesia Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jie.v8i4.15229

The main use of Village Funds is directed for community development and empowerment projects, including the development of basic services: education, health, infrastructure and basic needs. Its effective management is an integral part of overall village financial management in the Regional Revenue and Expenditure Budget (APBD). Transparency and accountability are very important considering the potential for abuse such as Village Fund corruption cases. In Dusun Selatan District, South Buntok Regency, Central Kalimantan Province, there are 24 villages where part of the Village Fund is set aside and collected as participation in the establishment of Village-Owned Enterprises (BUMDes), with the business name: "BUMDes BERSAMA 24." An investigative audit conducted by the Financial and Development Supervisory Agency (BPKP) concluded that (in the 2018-2020 period) there was State financial losses amounting to IDR 583,553,383.00. The research is intended to examine investigative audit practices and the use of audit results in prosecuting Village Fund corruption cases, especially regarding the irregularities in the "BUMDes Bersama 24" management. It was found that the Investigation Audit was the basis for calculating state financial losses in the Village Fund corruption case, even though the audit was not carried out by the BPK (Financial Audit Agency). Keywords: Village Funds, Village BUMN, Investigative Audit

Medical Students and the Hope of Health Justice Tirtakusuma, Shamma Jezzaniah; Tirtakusuma, Andreas Eno
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2531

This research uses a qualitative library research approach to examine the disparity in healthcare access and its impact on health equity in Indonesia. The study focuses on the concepts of health access and health equity, particularly in addressing the challenges faced by marginalized communities in remote and rural areas, such as Papua, compared to more developed urban regions like Jakarta. By analyzing secondary data, including legal documents like the 1945 Constitution of Indonesia and Law No. 17 of 2023 concerning Health, along with scholarly articles and NGO reports, the research aims to highlight systemic barriers such as geographical, financial, and service quality limitations. The study emphasizes the importance of equitable access to healthcare as a critical component of achieving health equity. The findings suggest that while significant progress has been made, much remains to be done to address these disparities and ensure that all citizens, regardless of their social or geographic status, have equal opportunities to achieve optimal health. This research also explores the role of healthcare professionals, community service programs, and innovations in health technology as solutions to these challenges.

Medical Students and the Hope of Health Justice Tirtakusuma, Shamma Jezzaniah; Tirtakusuma, Andreas Eno
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2531

This research uses a qualitative library research approach to examine the disparity in healthcare access and its impact on health equity in Indonesia. The study focuses on the concepts of health access and health equity, particularly in addressing the challenges faced by marginalized communities in remote and rural areas, such as Papua, compared to more developed urban regions like Jakarta. By analyzing secondary data, including legal documents like the 1945 Constitution of Indonesia and Law No. 17 of 2023 concerning Health, along with scholarly articles and NGO reports, the research aims to highlight systemic barriers such as geographical, financial, and service quality limitations. The study emphasizes the importance of equitable access to healthcare as a critical component of achieving health equity. The findings suggest that while significant progress has been made, much remains to be done to address these disparities and ensure that all citizens, regardless of their social or geographic status, have equal opportunities to achieve optimal health. This research also explores the role of healthcare professionals, community service programs, and innovations in health technology as solutions to these challenges.

The Use of Artificial Intelligence by Judges in Adjudicating Cases Andreas Eno Tirtakusuma; Eleazar Josiah Tirtakusuma
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.870

The increasingly massive development of artificial intelligence has touched the judicial sphere and raised fundamental questions about how the law should respond. This article examines the relationship among judges, the law, and artificial intelligence through normative studies, using statutory and conceptual approaches, combined with a sociolegal approach grounded in Social Construction Theory, especially the Social Construction of Technology (SCOT). The study's results indicate that artificial intelligence technology is not a neutral, stand-alone entity, but rather is shaped by the values, norms, and interests of the social actors interacting within it. In the judicial context, judges, as social actors, have an active role in shaping how technology is adopted and used, rather than simply being passive recipients of technological innovation. The Indonesian legal system still faces a significant gap in norms governing artificial intelligence in the judicial environment, necessitating a legal construction grounded in constitutional values while being sensitive to the dynamics of the social construction of technology. Artificial intelligence should be positioned as an instrument that supports judges' capacity, not a substitute for judicial authority, accompanied by ethical oversight mechanisms, algorithmic accountability, and strengthened technological literacy for all judicial officials.

INTERSEKSI HUKUM KEBENDAAN DAN HAK CIPTA: ANALISIS PELINDUNGAN HAK MILIK KARYA AI GENERATIF DI INDONESIA Andreas Eno Tirtakusuma; Yusuf Akbar Khairulah
Jurnal Legal Reasoning Vol. 8 No. 2 (2026): Juni
Publisher : Fakultas Hukum Universitas Pancasila

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

Pesatnya perkembangan teknologi kecerdasan buatan (Artificial Intelligence, AI) generatif telah membawa dampak signifikan terhadap sistem pelindungan Hak Kekayaan Intelektual (HKI) di Indonesia. Sebagai benda bergerak tidak berwujud, HKI memiliki nilai ekonomi yang kini terancam oleh adanya kekosongan hukum terkait karya yang dihasilkan oleh AI. Penelitian ini bertujuan untuk menjawab tiga rumusan masalah utama: (1) bagaimana pengaturan hukum terhadap pelindungan HKI atas pemanfaatan AI generatif di Indonesia; (2) bagaimana kedudukan hasil luaran AI generatif dalam kerangka klasifikasi kebendaan hukum positif Indonesia; dan (3) siapa subjek hukum yang berhak memegang hak kepemilikan atas karya tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Analisis dilakukan menggunakan kerangka Teori Keadilan Hukum John Rawls melalui konsep justice as fairness dan veil of ignorance, serta Teori Kebendaan untuk membedah kedudukan karya AI sebagai objek hukum. Sumber data penelitian ini berasal dari studi kepustakaan terhadap bahan hukum primer, seperti UU Hak Cipta dan UU ITE, serta bahan hukum sekunder terkait. Hasil penelitian menunjukkan bahwa regulasi saat ini belum cukup untuk menangani kompleksitas AI generatif, sehingga menimbulkan ketidakadilan bagi pencipta manusia. Sebagai kesimpulan, kajian ini mengusulkan model legal preskriptif berupa penerapan konsep hak Sui Generis atau modifikasi definisi "pencipta" dalam undang-undang untuk mengakomodasi peran operator manusia sebagai subjek hukum yang sah dalam ekosistem AI.

Criminal Law Protection to the Right to Privacy in the Utilization of Digital Technology Andreas Eno Tirtakusuma; Eleazar Josiah Tirtakusuma
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47177

The rapid development of digital technology, including artificial intelligence, has brought tremendous progress for human rights, but also a real threat to privacy, where states and companies can now easily track, analyze, predict, and even manipulate people’s behavior on a massive scale such as through wiretapping, surveillance, or police raids related to online gambling without strict safeguards, which risks undermining individual dignity, autonomy, and rights. Therefore, this study aims to examine and formulate an ideal concept for protecting privacy rights within the confines of Indonesian criminal law, particularly amidst rapid technological evolution. The method used is normative legal research with a juridical and philosophical approach, to identify various laws and philosophies related to privacy protection in the criminal realm, while delving into the legal issues in depth. The results reveal that existing regulations still need to be supported by the theory of privacy as a human right and the concept of law as a protective sword and shield. In conclusion, the ideal concept must integrate these principles into the Indonesian legal framework, so that technology remains a driver of progress without sacrificing citizens’ privacy.

Innovation and Organizational Change in The Development Of The Dukuh Atas Integrated Transportation Hub as an Implementation of Smart Mobility Andreas Eno Tirtakusuma
Jurnal Greenation Sosial dan Politik Vol. 4 No. 3 (2026): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v4i3.711

This study examines organizational innovation and change in the development of the Dukuh Atas integrated transportation hub as an implementation of smart mobility in Jakarta. The research gap lies in the limited literature that links diffusion of innovation theory and innovation-project typology with institutional transformation in Indonesia's public transportation sector, particularly the establishment of PT Moda Integrasi Transport Jabodetabek (MITJ). This study aims to analyze how organizational innovation and change occur in building an integrated transit hub and to identify the challenges and strategies for optimizing its implementation. A qualitative descriptive method with a literature review approach was employed, drawing on secondary data from scientific journals, official institutional publications, government regulations, and course material on innovation and organizational change. The results show that the transformation of Dukuh Atas into an integrated transit-oriented development reflects a shift from fragmented bureaucratic silos toward collaborative, technology-enabled governance, supported by transformational leadership and the diffusion of innovation across institutions. The novelty of this study lies in mapping the innovation-project typology and the incremental-to-disruptive technology spectrum onto the concrete stages of Dukuh Atas's transformation, offering a layered model of public-sector organizational change

The Legal and Regulatory Framework of adat Courts as an Alternative Dispute Resolution in Indonesia Andreas Eno Tirtakusuma
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.50917

This study examines the legal and regulatory framework of Adat Courts in Indonesia, evaluating their viability as an Alternative Dispute Resolution mechanism. Despite the formal recognition of customary law in the 1945 Constitution and the new National Criminal Code (Law Number 1 of 2023), regulatory gaps persist regarding the harmonization of customary decisions with the national legal system. Utilizing a doctrinal legal approach with statutory, conceptual, and case analyses, this research investigates dispute resolution mechanisms across various customary jurisdictions. The findings reveal that Adat Courts offer a highly effective, restorative justice-oriented approach that promotes social harmony. However, their implementation requires rigorous state supervision to prevent conflicts with constitutional rights. This research contributes a novel perspective by positioning Adat Courts not merely as an ADR, but as a Primary Dispute Resolution (PDR) mechanism within a legally pluralistic framework. Robust supporting regulations are essential to prevent the rigid codification of dynamic customary laws while ensuring legal certainty.

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