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All Journal Jurnal Hukum Novelty INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Jurnal Wawasan Yuridika Justitia et Pax Al-'Adl Lex Scientia Law Review Jambe Law Journal GUIDENA: Jurnal Ilmu Pendidikan, Psikologi, Bimbingan dan Konseling Nurani Hukum : Jurnal Ilmu Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA LEGAL BRIEF Mimbar Hukum Jurnal Hukum dan Peradilan Mu'amalah : Jurnal Hukum Ekonomi Syariah Journal of Sustainable Development and Regulatory Issues Probono and Community Service Journal Tirtayasa Journal of International Law Indonesian Journal of Economics and Social Sciences Journal of Law, Environmental and Justice Southeast Asian Journal of Victimology Nomos : Jurnal Penelitian Ilmu Hukum Jurnal Pengabdian Kepada Masyarakat Bersinergi Inovatif Journal of Law and Legal Reform Unifikasi : Jurnal Ilmu Hukum Journal of Asian Wisdom and Islamic Behavior Indonesian Journal of Criminal Law Studies Kertha Patrika Open Access DRIVERset Journal of Community Dedication Jurnal Kajian Pembaruan Hukum
Anditya, Ariesta Wibisono
Universitas Jenderal Achmad Yani
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence Fernando, Zico Junius; Anditya, Ariesta Wibisono
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.523-550

Abstract

This in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system's integrity. This research emphasizes the need to consider each country's unique legal, cultural, and social context when adopting AI into their legal systems.
Implementation of Precautionary Principles in Environmental Impact Assessment (EIA) in Indonesia Cahyani, Ferina Ardhi; Anditya, Ariesta Wibisono
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.765

Abstract

This study aims to thoroughly examine the implementation of precautionary principles in environmental impact assessment (EIA). In order to achieve the stated objective, a socio-legal study method was adopted. The obtained results showed that in the context of environmental approval requirements in Indonesia, EIA remained a key requirement. Typically, in the process of preparing, implementing, monitoring, and evaluating certain activities to be carried out, the principle of caution is ensured to be upheld optimally. This principle is often introduced to ensure that all projects permitted by the government do not pose a propensity to harm the community. In EIA process, there is an obligation to examine the opinions of individuals who could be directly affected by an activity before its implementation. Despite the effectiveness of this approach, it was observed to still possess certain weaknesses. This includes the fact that even after EIA has passed the assessment phase, continuous monitoring and evaluation are still necessary. The government must ensure that any risks associated with an activity are identified and addressed.
The Legal Hurdles in Executing Land Dispute Cases in Court Hatta, Muhammad; Anditya, Ariesta Wibisono; Rayhan, Ahmad; Akhmaddhian, Suwari; Anugrah, Dikha
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.771

Abstract

The study aims to critically analyse the regulatory framework governing the execution of civil dispute cases in Indonesia and to evaluate the practical implementation of such executions within the jurisdiction of the Kuningan District Court. The study encompasses an empirical juridical method involving fieldwork that was conducted at the Kuningan District Court. The finding shows the execution of court decisions is governed by various legal provisions, such as Article 27(1) and Article 28D(1) of the 1945 Constitution of the Republic of Indonesia, Article 1365 of the Indonesian Civil Code, Article 196 of the Herzien Inlandsch Reglement (HIR) or Article 207 of the Rechtreglement voor de Buitengewesten (RBg), Article 66(2) of Law No. 3 of 2009 concerning the Second Amendment to Law No. 14 of 1985 on the Supreme Court, Articles 54(2), 54(3), and 55(1) of Law No. 48 of 2009 on Judicial Power, and Supreme Court Circular No. 1 of 2010 regarding Requests for Execution Assistance. Even though its execution process has some issues, the study finalises that the resolution of cases and the enforcement of court decisions are governed by relevant legal regulations. As the legal structures, legal substance, and legal culture put a heavy weight on it, the execution process of land dispute cases at the Kuningan District Court has not yet been optimally implemented. Accordingly, to prevent prolonged execution processes that could drain time, energy, and financial resources, the court is encouraged to adhere to the principle of legal certainty that has legal finality.
The Interrelation Between Military Discipline Infraction and Military Criminal Charge in Indonesia Amalia, Regita Wienda; Anditya, Ariesta Wibisono
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.33048

Abstract

Violations of the Military Discipline Law that culminate in a disciplinary tribunal’s decision possess only minimal binding force. In other words, the tribunal’s ruling merely serves as a recommendation to the superior vested with punitive authority (atasan yang berhak menghukum, abbreviated as Ankum). If it subsequently emerges that an incident threatens the integrity of a military unit, the Ankum is entitled to invoke a higher level of legal authority by referring the matter to a military criminal court. In narcotics cases committed by military personnel that are initially deemed disciplinary infractions, the Ankum may subsequently refer the matter to the Military Police (Polisi Militer, legally abbreviated as POM) for further military criminal proceedings. This study constitutes doctrinal legal research supported by data drawn from the literature. To address the research questions, a legal-literature-review approach was adopted. The findings indicate that violations of Indonesian military disciplinary law may escalate into military criminal offenses through the decision-making process of the Ankum.
Urban Agrarian Reform for State Land Cultivators in the Special Capital Region of Jakarta Manurung, Juwita; Fadli, Moh; Koeswahyono, Imam; Permadi, Iwan; Anditya, Ariesta Wibisono
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 1 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i1.25313

Abstract

Legal regulations in the Indonesian legal framework governing state land cultivators in urban areas remain contentious and require further legal examination. Agrarian reform efforts have largely focused on rural areas, even as the phenomenon of cultivators occupying state land in urban regions has significantly grown, creating social systems rooted in the lands they cultivate. These lands serve as their primary means of livelihood, places of social interaction, sites for familial continuity, and as long-term residences. Cultivators use the land without any legal ownership rights. Current legislation does not accommodate applications for the registration of land use rights for cultivators, leaving urban cultivators (in DKI Jakarta) without legal certainty or priority rights to apply for land rights. This legal void presents an inherent injustice to cultivators seeking priority rights over their cultivated land. Furthermore, the Job Creation Law, as framed by the government, reflects a latent capitalist ideology, reserving the right to apply for land-use rights solely for business actors (developers), thereby excluding cultivators themselves. This situation underscores the urgent need for a legal reformulation based on justice principles for the utilization of state land by cultivators in Indonesia, aiming to actualize agrarian reform in urban areas.
Revitalization of Indonesian criminal law through the acknowledgment of living law: An investigation of the Sigajang Laleng Lipa’ customary law Harefa, Beniharmoni; Fernando, Zico Junius; Maharani, Asari Suci; Anditya, Ariesta Wibisono; Humana, Sri
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.28234

Abstract

Introduction to the Problem: The research article examines the Sigajang Laleng Lipa’ tradition in South Sulawesi’s Bugis community as a "living law" under Indonesia's new criminal code, specifically Article 2. The tradition’s violent nature, often leading to fatal outcomes, may conflict with principles in the updated code. Purpose/Study Objectives: The primary objective of this study is to conduct an analysis of criminal law regulations in Indonesia regarding the Sigajang Laleng Lipa’ tradition and assess its alignment with Article 2 of the new Indonesian Criminal Code. The study aims to understand whether this traditional conflict resolution mechanism meets the legal standards set out in the new code, especially concerning the concept of living law. Design/Methodology/Approach: This research employs a normative juridical method with a statutory and conceptual approach to legal recognition in Indonesian criminal law. Secondary data, gathered through literature sources like books and journals, facilitates an in-depth examination of the Sigajang Laleng Lipa’ tradition and the Indonesian criminal code. The doctrine of proportionality guides this study, emphasizing that punishment should match the crime to ensure justice and prevent excessive penalties. Findings: The findings reveal that the Sigajang Laleng Lipa’ tradition, despite its historical and cultural significance in the Bugis community, involves violent practices that have led to fatal consequences. Moreover, it is observed that this tradition does not fulfil the criteria set forth in Article 2, Paragraph (2) of the new Criminal Code. This mismatch highlights a significant challenge in incorporating living law traditions into the modern legal framework of Indonesia. Due to its inconsistency with philosophical, juridical, and sociological principles, the tradition cannot be sustained. Consequently, its use as a punitive measure is unjustifiable, as it does not effectively achieve criminal justice objectives and provides minimal social benefit, lacking contribution to crime prevention efforts. Paper Type: Research Article
Analysis of Law Enforcement of Dog Smuggling Crime in Kulon Progo Re-gency: Case Study on Decision Number 95/Pid.Sus/2021/PT YYK Sawitri, Kiki Novita; Anditya, Ariesta Wibisono
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1361

Abstract

This research analyzes the law enforcement of dog smuggling in Kulon Progo Regency with a case study of Decision Number 95/Pid.Sus/2021/PT YYK. Dog smuggling not only violates the law, but also poses a public health risk, especially related to the spread of rabies. The research method used is normative-empirical juridical with the approach of legislation, case studies, and systematic literature review. The results show that there is a discrepancy in the application of criminal sanctions by judges with the special minimum provisions in Article 89 paragraph (2) of Law No. 41/2014. In addition, the DIY Agriculture and Food Security Office has a strategic role, but faces resource constraints and regulatory gaps. This research emphasizes the importance of synergy between agencies, strengthening local policies, and increasing public awareness as an effort to prevent animal smuggling. The findings are expected to be an academic contribution and input for the formulation of more effective law enforcement policies against animal smuggling crimes, especially dogs.
Ecocide as an Environmental Crime: Urgency for Legal Reform in Indonesia Widiartana, Gregorius; Setyawan, Vincentius Patria; Anditya , Ariesta Wibisono
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.129

Abstract

The increasing frequency and scale of environmental destruction in Indonesia, such as deforestation, mining disasters, and pollution of vital ecosystems, reveal the inadequacy of existing environmental criminal law to address crimes with transboundary and long-term ecological impacts. While Indonesian law recognizes environmental violations, it does not yet criminalize ecocide—a grave act of environmental harm—either as an extraordinary crime or as an international offense. This paper aims to explore the urgency of incorporating ecocide as a distinct criminal category in Indonesia’s legal system by analyzing the legal gaps and limitations in current legislation, particularly Law No. 32 of 2009 on Environmental Protection and Management. Employing a normative juridical method with a comparative legal approach, the study examines developments in countries such as Belgium and France that have begun codifying ecocide, as well as international efforts to include ecocide under the Rome Statute. The research finds that the absence of ecocide in Indonesian criminal law limits the state’s ability to deter and prosecute large-scale environmental crimes effectively. It concludes that the criminalization of ecocide, both nationally and as part of global legal harmonization, is crucial to achieving ecological justice and long-term environmental protection in Indonesia.
Legal Reform for Investor Protection in Indonesian Crypto Markets: A Comparative Analysis With The MiCA Framework Rahman, Yogi Muhammad; Jastisia, Mentari; Barora, Siti; Mega Jaya, Belardo Prasetya; Anditya, Ariesta Wibisono
Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i2.4433

Abstract

This article examines the urgency of legal reform to enhance investor protection in Indonesia’s crypto asset market, emphasizing the regulatory uncertainty that obscures legal liability in cases of system failure, unilateral platform closure, or investor losses. This research adopts descriptive research specifications, using normative juridical research, using two methods of statutory and comparative approaches. Data collection is done through literature review and then analyzed through qualitative method. The findings reveal that Indonesia’s legal system still relies heavily on individual civil claims based on Article 1365 of the Civil Code, without anticipatory legal instruments. Drawing from MiCA’s best practices, this article highlights the need for prescriptive, risk-based, and investor-oriented legal principles to build a fair and legally certain digital ecosystem.
Exploring Restorative Justice in Domestic Violence Cases Widiartana, Gregorius; Vincentius Patria Setyawan; Ariesta Wibisono Anditya
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.87

Abstract

The Indonesian government has actively developed restorative justice policies for criminal cases through various laws and regulations; however, their implementation in domestic violence cases remains limited due to the predominance of a retributive mindset among law enforcement officials. In contrast, Malaysia has adopted restorative approaches to address domestic violence through community-based and victim-centered interventions. This research seeks to formulate comprehensive arguments supporting the implementation of restorative justice in domestic violence cases by analyzing relevant legal provisions, doctrinal foundations, and theoretical perspectives, while incorporating a comparative analysis of the Malaysian model. The comparative legal study between Indonesia and Malaysia is particularly significant within the broader framework of legal globalization, ASEAN regional integration, and bilateral cooperation in the fields of law and governance. Both countries, which share an Islamic cultural foundation and a colonial legal heritage, offer compelling contexts for examining the adaptation of restorative justice principles in plural legal systems. In Malaysia, Islamic law regulates various domains of social life, especially in matters of civil and family law, including marriage, divorce, inheritance, and waqf, shaping the socio-legal environment within which domestic violence is addressed. The findings indicate that Indonesia has initiated the application of restorative justice in certain domestic violence cases through mechanisms such as community mediation and police-facilitated reconciliation, though these practices remain inconsistent and are often influenced by patriarchal cultural norms. Conversely, Malaysia maintains a more formal and legalistic approach, with minimal formal recognition of restorative justice within its domestic violence legislation. The study concludes that restorative justice possesses substantial potential as a complementary framework to formal legal remedies, provided that its implementation ensures the protection of victims’ rights, prevents coercion, and upholds fundamental principles of justice, gender equality, and human dignity.
Co-Authors Adlia Nur Zhafarina Ahmad Fauzi Ahmad Rayhan Ahmad Wali Ali, Muhammad Ghoffar Amalia, Regita Wienda Anak Agung Istri Agung Vidya Berliana Berliana Andi Redani Suryanata Anisah Karim Antari, Putu Eva Ditayani Anwar, M. Ian Hidayat Arie Kartika Arsawati, Ni Nyoman Juwita Arvita Hastarini Arya Dewangkara Barora, Siti Baskara, Agri Beniharmoni Harefa Darminto Hartono Paulus Desia Rakhma Banjarani Dhafina Marsyah Tahirah Dikha Anugrah Dinda Anissa Ramadani Edi Setiadi Eko Ramdani Elza Qorina Pangestika Fadhil, Moh. Fadli, Moh Ferina Ardhi Cahyani Fernando, Zico Junius Hartati, Sawitri Yuli Heryadi, Adi Humana, Sri Iwan Permadi Jastisia, Mentari Jaya, Belardo Prasetya Mega Kiki Kristanto Koeswahyono, Imam Kristanto, Kiki Laili Nur Anisah Levia Tri Mustika Dewi Maharani, Asari Suci Mahmud Mulyadi Manurung, Juwita Maulida Dwi Damayanti Misran Wahyudi Mohamad Noor Fajar Al Arif Fitriana Mona Ervita Mudiparwanto, Wahyu Adi Muhammad Ghoffar Ali Muhammad Hatta Mumpuni, Niken Wahyuning Retno Nandang Sambas Naufal El Qolbi N A Ni Luh Novi Astawati Normalita Destyarini Nur Anisah, Laili Nuraini, Paundri Sekar Panca Sarjana Putra Pengleang, RE Putra, Panca Sarjana Rahman, Yogi Muhammad Rahmawati, Diah Suci Ran, Duan Yan Ricco Andreas Ridwan, Ridwan Rizki Wahyuning Damayanti Sary, Wevy Efticha Sawitri, Kiki Novita setyawan, vincentius patria Suwari Akhmaddhian Taufani Yunithia Putri Vincentius Patria Setyawan Wali, Ahmad Wevy Efticha Sary Widiartana, Gregorius Wina Driyan Pradana Wina Driyan Pradana Wina Driyan Pradana Wirawan, Vani Zico Junius Fernando