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Reconstruction Model of Legal Liability for the Misuse of Artificial Intelligence on Personal Data Privacy in Indonesia Khiswatul Barokah; Yuliati; Abdul Madjid
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

The increasing integration of Artificial Intelligence (AI) in digital ecosystems has raised new legal challenges regarding data privacy violations. In Indonesia, the normative framework for personal data protection particularly the Personal Data Protection Act (Law No. 27 of 2022) remains inadequate in addressing the autonomous nature of AI systems that process and exploit personal data without direct human intervention. This research aims to reconstruct a legal accountability model for actors who misuse AI in ways that lead to personal data violations. The study employs a normative juridical method using a statutory, conceptual, and comparative approach, referencing the European Union’s GDPR as a benchmark. The findings reveal that Indonesia’s current legal framework lacks clarity in assigning responsibility among key actors, such as developers, data controllers, and platform providers. The absence of provisions concerning algorithmic profiling, training data legality, and automated decision-making weakens the protection of individuals' digital rights. In contrast, international models particularly the GDPR offer a multi-tiered responsibility structure, prohibit fully automated decisions affecting individuals, and impose strict liability for data misuse. This research also demonstrates that adopting principles such as vicarious liability, corporate accountability, and risk-based regulation would fill regulatory gaps and align Indonesian law with international standards. The practical value of this work lies in its proposed model for reconstructing Indonesia’s data protection regime. It introduces legal tools that anticipate the systemic risks of AI while ensuring that legal responsibility is clearly distributed across all entities involved in AI deployment. This framework supports the development of a more responsive and equitable legal system in the era of autonomous technologies
Reconstructing Legal Frameworks for Post-Mining Reclamation Guarantees and Ecological Justice Angga Kurniawan; Abdul Madjid; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12779

Abstract

This study analyzes the effectiveness of post-mining reclamation guarantee fund regulations in achieving environmental restoration and reconstructs a normative framework oriented toward ecological justice. The current reduction of reclamation guarantees to mere administrative requirements demonstrates the failure of the law to provide substantive protection for citizens’ constitutional rights to a healthy environment. Using normative juridical research with legislative, conceptual, and historical approaches, this study employs prescriptive–analytical methods to evaluate the gap between legal norms and practice and to formulate a responsive legal model. The findings reveal that reclamation guarantee funds have not effectively functioned as substantive legal instruments due to regulatory disharmony between the Minerba Law and the Environmental Protection and Management Law (UUPPLH), weak supervision, and the absence of strict sanctions. The study proposes a reconstruction of the legal framework through harmonization of environmental and mining regulations, adoption of the polluter pays and strict liability principles, and strengthening of interagency coordination. In addition, the establishment of a transparent and participatory Multi-Stakeholder Monitoring Board and a public e-monitoring system is recommended to ensure accountability and ecological restoration. The novelty of this research lies in integrating constitutional and environmental justice perspectives into a double-track sanction system that combines preventive and repressive functions of reclamation guarantees. This approach advances the eco-constitutional paradigm by linking legal certainty, environmental accountability, and participatory governance in post-mining management.
Criminal Law Formulation Policy Regarding Payment of Money In Substitution For Criminal Acts of Corruption From The Perspective of Dignified Justice Ni'Am, M. Khoirun; Prija Djatmika; Abdul Madjid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.321

Abstract

Corruption is an extraordinary crime that remains a serious problem in Indonesia despite the implementation of various regulations such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. One important instrument in recovering state losses due to corruption is the penalty of replacement money. However, in practice, the application of replacement money as an additional penalty has not been effective due to legal and technical obstacles, such as the difficulty of tracking assets, weak coordination between law enforcement agencies, and the absence of a consistent execution mechanism. This study aims to analyze the legal implications of criminal law formulation policies related to the regulation of replacement money and to formulate a direction for criminal law reform based on the concept of dignified justice. This study uses a normative legal research method with a statutory, case, and conceptual approach. The analysis is conducted prescriptively through grammatical and systematic interpretation of laws and regulations, doctrine, and judicial practice. The results show that the regulation of replacement money as an additional penalty does not reflect substantive justice because it emphasizes the retributive aspect rather than the restorative aspect. Legal reform is needed by making compensation a primary punishment so that the primary objective of punishment is to restore state losses. The dignified justice approach positions humans as moral subjects responsible for redressing public losses, in line with the values ​​of Pancasila. Therefore, this reformulation is expected to create a more just, humane, and socially just criminal legal system.
PEMBERDAYAAN MASYARAKAT MELALUI POTENSI SUMBER KESEJAHTERAAN SOSIAL Podungge, Abdul Madjid; Patilima, Zulyumna A; Safitri, Ikraeni
Insan Cita : Jurnal Pengabdian Kepada Masyarakat Vol 6, No 1 (2024): Februari 2024-Insan Cita: Jurnal Pengabdian Kepada Masyarakat
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/insancita.v6i1.3185

Abstract

The purpose of implementing Community Service (PkM) activities in Monggupo Village is to increase the potential sources of social welfare. Community service activities involves preparation for activities and outreach using the MPA (Methodology Participatory Assessment) technique. The results of the assessment found that the number of NSWS needing social welfare services (NSWS) found that the highest number of PPKS needing social welfare services in Monggupo Village was WPSE (Women Prone to Social Economy)  with a total number of 19. In addition, it was found that the most natural product in Monggupo Village was cassava which later became a practical ingredient in making modern cakes made from cassava. These practical activities can become community entrepreneurs with modern food concepts according to the times.
THE CONCEPT OF SETTING FEES FOR OFFICIALS MAKING LAND DEEDS (PPAT) EQUITABLE FOR OFFICIALS MAKING LAND DEEDS (PPAT) IN INDONESIA Dewi Amrom Musta’idah; Abdul Madjid; Endang Sri Kawuryan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1120

Abstract

Abstract: This study discusses the juridical study of the upper limits on fees for making land dees (PPAT) from the perspective of making land deeds (PPAT) as public officials. This study is a normative study with a conceptual approach and statutory approach. The data collection technique was carried out by means of a literature study. The results of the analysis result showed that the regulation regarding the upper limits for PPAT fees in f the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 33 of 2021 does not yet reflect the principle of justice for PPATs as public officials and the concept of regulation regarding PPAT fees which can create justice and legal certainty by equalizing fees like other public officials.
CHANGES IN POLICY DIRECTION AND LEGAL CONSEQUENCES LAW NO. 17 OF 2023 CONCERNING HEALTH ON ABORTION ISSUES IN THE TRANSITION PERIOD FOR RENEWING THE CRIMINAL CODE Novi Enjelina Putri; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1442

Abstract

This research began with confusion regarding changes in the direction of legal regulatory policies regarding abortion in Indonesia. This is proven by the amendment to the Health Law Number 17 of 2023 which is part of the health omnibus law, which can result in multiple interpretations because it refers to the criteria specified in the criminal code. However, it is not explained which criminal law book will be used, which could create gaps in the application of criminal law in cases of legal abortion in Indonesia. The possibility of interpretation in determining the criminal law book is due to the transition period for the implementation of the new criminal law book, namely Law Number 1 of 2023, which will still come into force in 2026. The difference in the policy direction of the old criminal law book and The new one is very significant because the new one regulates the exceptions to which abortion can be carried out, whereas the old one does not see any reason and categorizes abortion as a criminal offense and will be subject to imprisonment for those who violate it. These differences in provisions will certainly have quite different legal consequences if the legal regulations are incorrectly applied in dealing with the issue of legal abortion in Indonesia. If they are incorrect then the disadvantage is the pregnant mother who has the right to abortion. This research uses normative legal research by looking at conceptual approaches and also legislation. With the aim of seeing how the legislation regarding abortion continues to undergo changes and the legal consequences that arise from these policies.
ANALYSIS OF VILLAGE FUND MANAGEMENT DURING THE COVID-19 PANDEMIC IN PANCURAN VILLAGE, SOUTH SUWAWA DISTRICT Podungge, Abdul Madjid
Public Policy Journal Vol 4, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37905/ppj.v4i1.2091

Abstract

This article aims to analyze and describe the Village Fund governance process during the Covid-19 Pandemic in Pancuran Village, South Suwawa District. The method used in this article is a qualitative descriptive method, using adata analysis which is an interactive model analysis consisting of three components of analysis namely: 1) Data reduction; 2) Presentation of data; 3) Verification of Data and Conclusion Drawings. The results of the article show that: 1) The transparency of village fund management during the Covid-19 pandemic in Pancuran Village has proven to be quite effective. This is due to the monitoring system carried out by various parties ranging from the Village Consultative Board, Village Facilitators, the Audit Board of the Republic of Indonesia, and the community. 2) Accountability of village fund management during the Covid-19 pandemic in Pancuran village has not been optimal. This is due to the budget shift policy during the Covid 19 pandemic which did not touch all communities who were entitled to receive BLT Village Funds. 3) Participation in village fund management during  the Covid-19 pandemic in Pancuran village has not been optimal, because the village government has not been optimal in updating DTKS data to identify people who are eligible to receive BLT, subsidies, capital assistance and various other programs; 4) The principle of order and budget discipline during the Covid-19 pandemic in Pancuran Village has been running well, caused by village apparatus management that continues to coordinate BLT budget shifts during the pandemic.
Strategi Pemerintah Daerah Dalam Meningkatkan Pendapatan Asli Daerah Di Kabupaten Bolaang Mongondow Utara Aneta, Asna; Yuliyani Solihin, Dwi Indah; Aneta, Yanti; Podungge, Abdul Madjid; Podungge, Abdul Wahab; Hunawa, Robby
Hulondalo Jurnal Ilmu Pemerintahan dan Ilmu Komunikasi Vol 4 No 1 (2025): Januari - Juni 2025
Publisher : Fakultas Ilmu Sosial dan Ilmu Poliitik Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59713/jipik.v4i1.1163

Abstract

The phenomenon of problems faced in increasing the productivity of the State Civil Apparatus (ASN) in Indonesia is closely related to the mismatch between the composition of positions and the competencies possessed by ASN. This is further exacerbated by efforts to simplify the bureaucracy that have not been fully supported by increasing the ability and mastery of technology, which has the potential to hinder efficiency in public services. This article aims to analyze and describe 1) How the match between the composition and competency of the State Civil Apparatus affects the productivity of the bureaucracy in Indonesia; and 2) evaluate the effectiveness of bureaucratic simplification and equalization of positions in increasing the efficiency of decision-making and matching the composition of ASN with the existing workload. The research method used is a qualitative method. The data analysis used is an interactive model analysis consisting of three analysis components, namely: 1) Data Reduction; 2) Data Presentation; 3) Data Verification and Conclusion Drawing. The results of the article show that: 1) the mismatch between the composition and competency of ASN is still a major challenge in increasing the productivity of the bureaucracy in Indonesia. Countries with efficient bureaucratic systems such as Singapore and Estonia show that ASN placement based on strict competency evaluation can optimize performance, even though the age of the ASN is older. Therefore, Indonesia needs to adopt a more comprehensive approach, such as a continuous training system that is tailored to the needs of specific sectors, to improve the quality of ASN and streamline the bureaucratic structure to achieve higher productivity; 2) bureaucratic simplification and job equalization can match the composition of ASN with the workload more efficiently, allowing for faster and more responsive decision-making. An early retirement scheme can be a solution to replace less adaptive ASN with a workforce that is better prepared to face the challenges of technology and organizational dynamics. However, the success of bureaucratic simplification depends on the competence of the remaining ASN, who must be ensured to have skills that match the demands of change and the needs of the organization.
Tinjauan Yuridis Kesalahan Pengukuran Tanah pada Pendaftaran Tanah di Kabupaten Wajo Mustafa, Dewi Wahyuni; Rismawati; Muh Farhan Fadhillah; Abdul Madjid
Legal Journal of Law Vol 4 No 2 (2025): Edisi: November 2025
Publisher : YP-SDI Lamaddukelleng

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Abstract

The purpose of this study was to determine the factors that cause errors in land boundary measurements during the land registration process in Wajo Regency and to determine legal remedies for errors in land boundary measurements during the land registration process at the National Land Office of Wajo Regency. This study was conducted at the National Land Agency (BPN) of Wajo Regency using an empirical research approach with data collection through interviews so that the data obtained were analyzed comparatively and presented descriptively. The results of this study indicate that the main factors causing errors in land measurement occur due to the absence of land owners and bordering parties during the measurement, the lack of installation and maintenance of boundary markers, technical errors by surveyors, limited human resources and technology, and inefficient administrative procedures. Community unpreparedness and lack of education also exacerbate this situation. To overcome this problem, a comprehensive approach is needed through improving the service system, increasing technical capacity, and empowering communities to maintain and understand the boundaries of their land rights. Meanwhile, legal resolution efforts for errors in land boundary measurements during the land registration process at the National Land Agency Office in Wajo Regency can be carried out by referring to the Basic Agrarian Law (UUPA) and Government Regulation Number 24 of 1997, Regulation of the Head of the National Land Agency Number 3 of 2011, and other related regulations. Handling land ownership disputes due to errors in boundary determination, one of which is through the courts by revoking land certificates that are proven to have legal administrative defects. This revocation must be based on definite evidence. In addition to going through the courts, in resolving disputes, the applicant and related parties can be involved in finding a joint solution
Legal Certainty of Follow-up Actions on Peace Agreements Resulting from Mediation at the Gorontalo City Consumer Dispute Resolution Agency Podungge, Abdul Madjid; Solihin, Dwi Indah Yuliani; Huwana, Robby
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1485

Abstract

The 2024 empirical investigation into the legal certainty of mediation agreements at the Gorontalo City Consumer Dispute Resolution Agency (BPSK) where 27 of 40 cases were successfully resolved underscores the agency’s vital role as an efficient, socio-economic safeguard for vulnerable consumers. However, this study reveals a critical structural vulnerability: unlike the robust enforcement provided for arbitration and court-annexed mediation, the lack of automatic judicial homologation renders BPSK’s Peace Deeds vulnerable, coupled with the recurring problem of business actor non-compliance. These factors position the agreement as a mere moral obligation rather than an enforceable executory title. To transform these outcomes into legally binding instruments, this study advocates for the immediate adoption of an integrated governance model centered on three priority policies: digital integration with the Court's SIPP to streamline ratification and reduce bureaucratic latency; standardization of SOPs and document formats to ensure technical compliance with Article 130 HIR; and mandatory mediator certification to guarantee the drafting of judicially executable agreements. Furthermore, acknowledging the single-jurisdiction scope, future research is necessitated to validate the model's scalability through longitudinal comparative studies across high-volume regions and sector-specific analyses (e.g., digital economy) to ensure efficacy against complex cross-border defaults