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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.
Bridging Corruption Articles” through the National Criminal Code: The Perspective of Corruption Eradication and Ta'zir Fadhil, Moh.; Anwar, M. Ian Hidayat; Fernando, Zico Junius; Anditya, Ariesta Wibisono
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8436

Abstract

One of the tasks of criminal law reform is to consolidate criminal law provisions that are scattered in various laws and regulations. The drafting team has incorporated several special offences into the National Criminal Code as a bridge between the norms, making the National Criminal Code the epicentre. This raises normative questions about the position of special offences, especially corruption offences, when the norms are shifted to general norms in the National Criminal Code, in relation to the systematic enactment of Book I of the National Criminal Code, and whether the changes in the criminal formulation are proportional to the spirit of eradicating corruption. This research will focus on answering the above-mentioned normative concerns. This type of research is a normative research that focuses on the content analysis of legal materials in the form of Book I of the National Criminal Code, articles on corruption in the National Criminal Code and the Corruption Act. The validation process of the analysis results was presented in a forum group discussion with several legal aid organisations and university research institutions. The results of the research show that the intention of the drafting team to include corruption offences is limited to the technical consolidation of corruption offences in the National Criminal Code in the form of bridging articles. In the context of the fight against corruption, there are five crucial reservations, namely the disparity of penalties, the categorisation of fines, the powers of the State Loss Calculation Institution, the stagnation of the regulation of bribery offences and the harmonisation of the United Nations Convention against Corruption.
Unleashing Justice’s Future: The Dawn of Neuro-Cognitive Risk Assessments (NCRA) in Transforming Rehabilitation Mulyadi, Mahmud; Fernando, Zico Junius; Putra, Panca Sarjana; Anditya, Ariesta Wibisono
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50152

Abstract

Neuro-Cognitive Risk Assessments (NCRA) represent a groundbreaking innovation in the criminal justice system, concentrating on evaluating cognitive and decision-making factors to assess inmate recidivism risk. Introduced initially in Houston, Texas, in 2017, NCRA have shown substantial efficacy, evidenced by a 2020 study reporting an Area Under the Curve (AUC) value of 0.70, signifying a significant advancement in recidivism prediction. This research employs normative legal methods, utilizing a conceptual, comparative, and forward-looking approach, characterized as descriptive-prescriptive with data analyzed through content analysis. Key advantages of NCRA include their emphasis on cognitive factors and their capability to operate independently via digital platforms, reducing bias and enhancing objectivity. The global adoption of NCRA, including in countries like Canada, the Netherlands, and Australia, underscores its recognition as a promising tool in criminal justice practices. However, ethical considerations and responsible usage are paramount, ensuring the protection of individual rights and involving diverse stakeholders. The integration of NCRA into rehabilitation programs and public policies presents opportunities to enhance efforts against recidivism. By identifying individual needs more accurately and improving predictions of rehabilitation success, NCRA can motivate inmate engagement in rehabilitation initiatives. Moreover, NCRA support the development of effective crime prevention policies, contributing to broader societal well-being. In conclusion, NCRA represent a transformative approach in criminal justice, leveraging cognitive assessments to refine recidivism risk evaluations and enhance rehabilitation outcomes. Ethical deployment and collaborative engagement are critical to maximizing NCRA's potential in promoting justice and reducing reoffending globally.
Greenwashing as a Crime and the Urgency of Redesigning Environmental Criminal Law Paradigm Fernando, Zico Junius; Sary, Wevy Efticha; Wali, Ahmad; Anditya, Ariesta Wibisono
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53692

Abstract

Greenwashing, a deceptive practice wherein corporations falsely present their products, services, or policies as environmentally friendly, has emerged as a serious threat to environmental protection and consumer trust in the era of sustainable development. This paper argues that greenwashing should be recognised not merely as an ethical or regulatory violation but as a criminal offence within the framework of environmental criminal law. Through a normative-juridical approach combined with a comparative analysis of legal frameworks in various jurisdictions, this study explores the limitations of current civil and administrative sanctions in deterring greenwashing practices. The analysis reveals that the absence of criminal liability has allowed corporations to manipulate sustainability narratives without facing substantial legal consequences. By examining the socio-legal harms of greenwashing, including environmental degradation, market distortion, and erosion of public confidence, this paper advocates for a paradigm shift in environmental law enforcement. It proposes the integration of greenwashing as a distinct criminal act under environmental law, emphasising principles such as strict liability, corporate criminal responsibility, and the need for restorative justice mechanisms. The study concludes with policy recommendations for legal reform that align with the principles of ecological justice and sustainable governance, reinforcing the urgency to criminalise greenwashing as part of a broader effort to protect both the environment and the rights of consumers.
SOSIALISASI PEMBUATAN LOGO USAHA DAN PENDAFTARAN HAK CIPTA UMKM BINAAN HARGO MANUNGGAL YOGYAKARTA Wina Driyan Pradana; Ariesta Wibisono Anditya
JOURNAL OF COMMUNITY DEDICATION Vol. 4 No. 1 (2024): FEBRUARI
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Socialization on making business logos and copyright registration was carried out because many SMEs shaded by the Hargo Manunggal Yogyakarta SME Communication Forum did not yet register their copyright. Furthermore, there are several SMEs that don't have a business logo at all. This happened due to a lack of education and outreach regarding the importance of logos and copyrights in business. This community service activity was attended by 26 SMEs consisting of the culinary and craft sectors. The program is carried out using a discourse, consultation and demonstration method of how to create an attractive logo and register copyright. The benefit of having a logo and copyright is that SMEs have an attractive identity, add value to the business, are legal and valid so that they cannot be imitated by other businesses. The PKM results show an increase in understanding and awareness of SMEs in creating logos and managing the legality of copyright.
Review of Legal Compliance of Funding Models and Pivoting Events of Indonesian Digital Start-ups Destyarini, Normalita; Paulus, Darminto Hartono; Anditya, Ariesta Wibisono
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.542-561

Abstract

The existence of digital start-up growth in the existence of digital start-ups that are still looking for a business model so that it can be possible to make changes to the business model in the acceleration process, this affects the funding agreement made by the accelerator. So it is necessary to know the funding scheme for the establishment of digital start-ups and the impact of changing business models on investment contracts. The purpose of this paper is to determine the legal relationship of accelerators, in this case venture capital, to digital start-up in Indonesia, funding schemes and the legal consequences of changing business models by digital start-ups. The research method used is normative juridical, the research specification used is descriptive-analytical. The results showed that funding by Venture capital using convertible notes instrument, against investment contracts if digital start-ups do pivot. It is concluded from the results of the research that the implementation of funding by Ventures Capital will re-do the agreement with the assessment indikator. The implementation is carried out based on the Law of BUMN the Law of Limited Liability Company, the Law of Investment and the Venture capital Head Company Articles of Association.
Tinjauan Kriminologis Terhadap Kejahatan Klitih yang Dilakukan Oleh Siswa Sekolah Menengah Atas di Bantul Dinda Anissa Ramadani; Ariesta Wibisono Anditya
INDONESIAN JOURNAL OF ECONOMIC AND SOCIAL SCIENCE Vol. 3 No. 2 (2025): Indonesian Journal of Economics and Social Sciences (IJESS)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Universitas Achmad Yani Yogyakarta

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Abstract

Klitih is a juvenile delinquency which is quite concerning because the case occurs every year in Yogyakarta and one of them is in Bantul Regency. Klitih basically not a new crime but old one. Klitih violence can harm individuals and lead to disorder and turmoil in the surrounding community. Klitih has the meaning of an activity of someone who leaves the house at night with no particular purpose or is the same as wandering around. In criminology, klitih is a subcultural deviation that determines how crime becomes a culture or crime as a culture in social terms. This study used the field research method and the library research method which was carried out at the Bantul Police office by taking data files to find out the number of cases and data on the age of the perpetrators as well as interviews. The results obtained by researchers in this study include. (1) Factors causing the crime of klitih in Bantul Regency include: Family factors, hurt or resentment factors and environmental factors. (2) Counseling teacher's efforts to deal with students who commit crimes and violence in the school environment.
Effectiveness of International Legal Instruments in Preventing and Eradicating Human Trafficking: Palermo Protocol Implementation Study Maharani, Natalia; Widagdo, Setyo; Istiqomah, Milda; Puspitawati, Dhiana; Anditya, Ariesta Wibisono
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v9i1.15370

Abstract

Human trafficking is a complex, transnational crime intrinsically linked to human rights violations, requiring a holistic legal response at both international and domestic levels. The Palermo Protocol has served as an essential international legal instrument; yet, it continues to face numerous problems. This research aims to assess the effectiveness of the Palermo Protocol as an international legislative instrument for the prevention and eradication of human trafficking by analyzing its implementation in Indonesia and the Philippines. The research methodology utilized is normative juridical, integrating legislative, conceptual, and comparative legal frameworks. The results indicate that the Palermo Protocol is relatively effective in promoting legal harmonization and establishing institutional frameworks in ratifying nations; yet, it has not completely bridged the gap between international standards and their practical implementation. In Indonesia, fragmented authority, the limited competence of law enforcement officials, and an inadequate integrated data system present substantial obstacles to victim identification and protection. The Philippines, on the other hand, has a more cohesive legal and institutional framework that makes it easier to adopt international norms. However, it still struggles to do so because it relies on external resources and faces structural problems such as poverty, labor migration, and gender inequality. This study finds that the Palermo Protocol works well as a global standard, but it hasn't done much to lower the number of people who are trafficked. Consequently, improving the protocol's effectiveness requires evolving from a passive, normative framework into an active, accountable, victim-centered legal system harmonized with extensive socio-economic policies.