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All Journal Sriwijaya Law Review Humaniora
Shidarta Shidarta
Bina Nusantara University
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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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 is undergoing a profound conceptual shift as private law confronts claims involving nature and artificial intelligence. This article reconsiders legal personhood not as an ontological category but as a functional institutional device for allocating rights, duties, powers, liabilities, and immunities. It conceptualizes personhood as a point of attribution through which bundles of Hohfeldian legal incidents become operational in private-law relations and are translated into standing, enforceability, liability, and remedies. This article employs a doctrinal legal research method with a conceptual and analytical-jurisprudential orientation, combining Hohfeldian analysis with a structured comparative assessment. It examines the Atrato and Whanganui River models according to representational effectiveness, enforceability, remedial performance, and accountability allocation, and evaluates three design options for artificial intelligence: no personhood, limited personhood, and full personhood. Although centered on Indonesian private law, the analysis also considers transjurisdictional doctrinal and regulatory developments, particularly in Malaysia and the broader ASEAN region. The comparison indicates that personhood for nature operates effectively only when supported by workable representation, enforceable duties, and a concrete remedial architecture. For artificial intelligence, personhood is normatively justified only where it strengthens attribution and remedies without severing liability from the human and organizational actors who design, deploy, control, or benefit from AI systems. The article concludes that any expansion of legal personhood in Indonesian private law requires rigorous institutional justification and must not operate as a symbolic designation or liability shield.
Co-Authors Febrian Febrian Jeong Chun Phuoc