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Fenomena Pedagang Kaki Lima dalam Sudut Pandang Kajian Filsafat Hukum dan Perlindungan Konsumen Shidarta Shidarta
Humaniora Vol. 5 No. 2 (2014): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v5i2.3213

Abstract

Street vending always becomes one of main problems in many big cities like Jakarta if the existence of street vendors is perceived as a burden and never comprehensively addressed. It is the main concern raised in this article . A more comprehensive perspective can be applied by using philosophical and legal approaches . This article provides two points of view in term of the phenomena, i.e. legal philosophy and consumer [legal] protection. The first relates the subject matter to the universal legal values known as the legal objectives. The second one includes two perspectives, i.e. the proctection for consumers of street vendor’s products and that for street vendor as consumer of [legal] public policy. 
Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations Shidarta Shidarta
Humaniora Vol. 8 No. 1 (2017): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v8i1.3700

Abstract

Legal language must follow the laws of language (grammar) that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.
Reconsidering Legal Personhood in Indonesian Private Law: Bundles of Legal Incidents, Attribution, and Governance Failure Shidarta Shidarta; Febrian Febrian; Jeong Chun Phuoc
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.6169

Abstract

Legal personhood in contemporary private law has undergone a profound conceptual shift in response to the challenges posed by natural and artificial intelligence. Rather than positioning legal personhood as an ontological category, this article considers it as a functional institutional instrument for allocating rights, obligations, powers, responsibilities and immunities. Legal personhood is the starting point for a series of Hohfeldian legal incidents in private law relations, which are then viewed as possessing legal capacity, enforceability, liability and remedies. The article integrates Hohfeldian analysis with systematic comparative assessment. It also focuses on a doctrinal legal research method with a conceptual and analytical-jurisprudential orientation. The Atrato and Whanganui River models are the subjects of study, examining issues of effective representation, enforceability, effective remedies and granting of liability. When the models are linked to artificial intelligence, the authors offer three options: no legal personhood, limited legal personhood and full legal personhood. Although the analysis focuses on Indonesian private law, the authors also include cross-border dogmatic and regulatory developments, particularly those occurring in Malaysia and the ASEAN region. This article asserts that the recognition of nature as a legal entity can be effective only if it is based on enforceable obligations, concrete representations, and legal remedies. Recognition of legal personhood for artificial intelligence can only be normatively justified if it strengthens attribution and legal remedies, without excluding human actors and organisations that develop, implement, manage, or benefit from AI systems from responsibility. Therefore, rigorous institutional justification is a prerequisite for expanding legal entity status under Indonesian private law to prevent governance failure. This expansion should not be limited to symbolic designation or exemption from liability.