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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.
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.