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Wisnubroto, Aloysius
Universitas Atma Jaya Yogyakarta
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 1 
URGENSI PERUBAHAN PARADIGMA PENEGAKAN HUKUM DALAM MENGHADAPI TANTANGAN ERA KONTEMPORER Bartama, Primus Adiodatus Abi; Wisnubroto, Aloysius
Justitia et Pax Vol 33, No 1 (2017): Justitia Et Pax Volume 33 Nomor 1 Tahun 2017
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v33i1.1415

Abstract

 Contemporary era with a dynamic information society presents new challenges in various fields of human life, one of them is law enforcement. The failure of law enforcement system in realizing substantial justice in a dynamic society is caused by paradigmatic legal issues. The problems which are going to be studied and answered are how the law enforcement paradigm shift urgency in facing the challenges of contemporary era. Through methods that are doctrinaire (normative-philosophical), it is found the limitations of law enforcement system that resulted in the law, particularly in the settlement through the judiciary, are not able to bring about justice because they are still hampered due to the paradigm of positivistic. Thus the paradigm shift becomes very urgent to overcome the limitations of the legal system is positivistic. The paradigm that is deemed in accordance with the needs of society that is dynamic  information society is a legal paradigm that is non-positivistic.Keyword: Law enforcement, Paradigm, Contemporary era, Justice system.INTISARIEra kontemporer dengan masyarakat informasinya yang dinamis menghadirkan tantangan-tantangan baru dalam berbagai bidang kehidupan manusia, salah satunya adalah masalah penegakan hukum. Kegagalan sistem penegakan hukum dalam mewujudkan keadilan yang substansial dalam masyarakat yang dinamis disebabkan karena permasalahan hukum yang bersifat paradgmatis. Permasalahan yang hendak dikaji dan dijawab adalah bagaimana urgensi perubahan paradigma penegakan hukum dalam menghadapi tantangan era kontemporer. Melalui metode yang bersifat doktriner (normatis-filosofis), diperoleh temuan bahwa keterbatasan sistem penegakan hukum yang mengakibatkan hukum, khususnya dalam penyelesaian perkara melalui lembaga peradilan, tidak mampu mewujudkan keadilan dikarenakan masih terbelenggun dengan paradigma hukum positif. Demikian perubahan paradigma menjadi sangat urgen untuk mengatasi keterbatasan sistem hukum positif. Paradigma yang dipandang sesuai dengan kebutuhan masyarakat informasi yang bersifat dinamis adalah paradigma hukum yang bersifat nonpositivistik.Kata Kunci: Penegakan hukum, Paradigma,Era kontemporer, sistem peradilan.
Judicial Connectivity in the Case of Firearm Sales by Military Personnel to Civilians : a Review of Military and General Court Decisions in Indonesia Hardiyanto, Benediktus Sulistyo; Wisnubroto, Aloysius; Widiartana, G.
Locus Journal of Academic Literature Review Vol 4 No 1 (2025): April
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v4i1.413

Abstract

This article aims to find out and analyze the settlement of cases of connexity between military personnel and civilians in the sale and purchase of assembled firearms as well as the political views of the law regarding future cases of connexity. Laws, rules, and judicial rulings are the subjects of this normative legal study. Data sources are primary, secondary and tertiary legal materials. The results showed that the resolution of the military-civilian connexity case in Military Court Decision Number 70-K/Pm Iii-18/Ad/X/2021 & District Court Decision Number 99/Pid.Sus/2021/Pn Sml was not carried out in accordance with the Criminal Code, the Criminal Procedure Code, the Military Justice Law and the Judicial Power Law because it was carried out separately. The political view of the law regarding the resolution of koneksitas cases is that there have been several legal reforms regarding koneksitas cases in Indonesia, but they have not been implemented until now, therefore there must be firmness and commitment from law enforcers to implement them.
Preventing AI Crime Towards A New Legal Paradigm: Lessons From United States Wisnubroto, Aloysius; Hilaire Tegnan
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.606

Abstract

Indonesia has several laws to address AI-based crimes; however, the legal and criminal justice systems fail to address technology and AI-based crimes. This study aims to answer questions regarding the causes of the legal system in Indonesia having problems in resolving artificial intelligence-based crime cases and how the legal paradigm is developed and operationalised to anticipate the development of artificial intelligence-based crimes. This research employs a juridical-normative method and comparative law studies. The study shows that, firstly, positive criminal law with a legal-positivistic paradigm does not address adequately the dynamic and complex nature of AI-based crimes, which significantly impact social change. Learning from the US judicial system, which allows for the formation of legal sources through judges’ decisions, the resolution of AI crime cases in Indonesia needs to begin with liberation from the shackles of rigid legal texts. Secondly, to anticipate the development of AI crimes, it is essential to optimise the applicable criminal law through a new law enforcement paradigm developed from the principles of progressive law. This includes applying the principle of law for humans and the pillars of search, liberation, and enlightenment as foundational elements for legal innovation. By embracing the flexibility of the progressive legal paradigm, Indonesia can anticipate to changes in society and effectively manage the growth of AI-based crimes.
The Active Judge System in the Adversary Model: Prospects for Its Application in Indonesia Wisnubroto, Aloysius; Regina Ferreira Lay, Frisca; Margareth Soumokil, Yohana
International Journal of Science and Environment (IJSE) Vol. 5 No. 4 (2025): November 2025
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v5i4.239

Abstract

This article examines the feasibility of adopting an active judge system within Indonesia’s adversarial model of criminal procedure. Traditionally, adversarial systems emphasize the passive role of judges as neutral arbiters between prosecution and defense, while inquisitorial systems permit judges to play an active role in fact-finding. Indonesia, rooted in the civil law tradition, has developed a hybrid legal culture that incorporates both adversarial and inquisitorial elements, particularly through its emphasis on the pursuit of material truth (kebenaran materiil). By employing a normative juridical method, this study explores whether the active judge system is compatible with Indonesia’s legal framework and constitutional guarantees of fair trial. The findings suggest that while a fully adversarial approach may not align with Indonesia’s legal tradition, a modified model that balances judicial impartiality with active engagement in fact-finding could enhance substantive justice. However, risks of bias, abuse of power, and violations of due process must be mitigated through clear procedural safeguards and judicial ethics. This article concludes that Indonesia could realistically adopt a hybrid adversarial model with inquisitorial elements, allowing for a proportionate active role of judges in ensuring justice and material truth.
ACTIVE JUDGES IN ADVERSARIAL COMMON LAW AND THEIR RELEVANCE TO INDONESIA’S HYBRID CRIMINAL PROCEDURE Setyawan , Vincentius Patria; Wisnubroto , Aloysius
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 4 (2025): Vol. 2 No. 4 Edisi Oktober 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i4.1246

Abstract

This research examines the relevance of adopting the concept of active judges within adversarial common law traditions to Indonesia’s hybrid criminal procedure. The primary objective is to explore whether the active judge model can strengthen Indonesia’s criminal justice reform without undermining its civil law foundation. This study employs a normative juridical method with a comparative approach, analyzing doctrinal sources, statutory law, and scholarly debates from both civil law and common law perspectives. The findings suggest that while the adversarial system traditionally restricts judges to a passive role, the notion of an active judge has emerged to prevent procedural abuses and ensure substantive justice. For Indonesia, integrating aspects of the active judge model may contribute to enhancing transparency, protecting defendants’ rights, and harmonizing procedural justice with societal expectations. Nevertheless, challenges remain, particularly concerning judicial independence, consistency of application, and potential conflicts with established inquisitorial practices. This study concludes that the adoption of active judge principles must be carefully contextualized, reinforcing Indonesia’s hybrid system rather than replacing its legal traditions.
Revisiting the Indonesian Criminal Procedure Code: Paradigmatic Issues and the Challenges of an Evolving Era Wisnubroto, Aloysius
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 2 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/0zw38q20

Abstract

The reform of criminal procedure law in Indonesia has become a necessity, as the Criminal Procedure Code (KUHAP), after more than four decades of implementation, is confronted with the transformations of human civilization that characterize the postmodern era. This study seeks to address two key questions: why the postmodern condition necessitates a response in the renewal of Indonesian criminal procedure law, and how the KUHAP should be reconceptualized. Employing a juridical-normative approach, this research argues that reform cannot be limited to technical procedural adjustments but must extend to a paradigmatic shift. Rooted in modern legal concepts shaped by positivism, the KUHAP must adapt to the challenges of postmodern realities, which are increasingly complex, non-linear, global, segmentary, and multiversal. To bridge this gap, a progressive concept of criminal procedure law is required—one that maintains the principles of lex scripta, lex certa, and lex stricta, while simultaneously allowing space for rationally and morally justifiable legal breakthroughs in extraordinary circumstances.
Bewijsvoering Analysis of Electronic Evidence in Criminal Cases’s Proving Wisnubroto, Aloysius; Setyawan, Vincentius Patria
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1270

Abstract

An important aspect that cannot be separated from the evidentiary process is related to how to obtain and present evidence to the judge before the trial. Wiretapping as electronic evidence obtained secretly often gives rise to debate from the perspective of bewijsvoering, and the evidentiary value of electronic evidence obtained through wiretapping. This article will discuss the use of wiretapping results as electronic evidence in relation to its evidentiary value in court. The results of this research show that there is a dualism in bewijsvoering the results of wiretapping as electronic evidence, some are of the opinion that bewijsvoering the results of wiretapping as electronic evidence must be obtained legally, and other opinions state that bewijsvoering is a separate matter from proof, as long as the evidence is submitted to the front. the trial is in accordance with the facts and other evidence, then the evidence is considered valid.
LAW AS SIMULACRA: A POSTMODERNIST CRITIQUE OF THE DIGITALIZATION OF JUDICIAL PROCESSES Setyawan, Vincent; Wisnubroto, Aloysius
FOCUS: Jurnal of Law Vol 6 No 2 (2025): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v6i2.714

Abstract

The rapid digital transformation of judicial systems, especially through e-court, e-litigation, and AI, has improved efficiency but also raised philosophical concerns about law and justice. Drawing on Jean Baudrillard’s theory of simulacra and simulation, this study suggests that digitalized law risks creating a gap between procedural and substantive justice, as legal processes become technological representations detached from their humanistic and moral foundations. Using normative legal research and a postmodern philosophical approach, the study explores how digital judicial mechanisms manifest law as simulation. The findings indicate that digitalization prioritizes efficiency and procedural legitimacy but does not fully ensure substantive justice. The study calls for a philosophical critique to prevent the reduction of law to mere administrative technology. It emphasizes the need for ethical reinforcement, transparency, and public participation to preserve the true meaning of justice and safeguard its humanistic values.
Algorithmic Justice and AI Judges: Reconsidering the Due Process of Law in the Digital Era Wisnubroto, Aloysius; Suyud Nusanto, Tri
International Journal of Educational Research & Social Sciences Vol. 6 No. 6 (2025): December 2025
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i6.1006

Abstract

The rapid integration of artificial intelligence (AI) into judicial processes presents both opportunities and challenges for contemporary legal systems. Algorithmic decision-making, while promising efficiency and consistency, raises critical concerns regarding the preservation of due process, transparency, and accountability in the administration of justice. This study aims to critically examine the implications of AI judges on procedural fairness and the due process of law in the digital era. Employing a conceptual and comparative research methodology, the study analyzes existing literature, legal frameworks, and emerging practices in AI-assisted adjudication across multiple jurisdictions. The research seeks to identify the potential risks and benefits associated with algorithmic judicial decision-making, including biases embedded in AI systems, challenges to human oversight, and impacts on legal certainty. The expected findings suggest that while AI judges can enhance efficiency, their integration must be carefully regulated to safeguard fundamental legal principles, ensuring that technological innovation does not compromise the fairness and legitimacy of judicial outcomes. The study contributes to ongoing debates on algorithmic justice, offering recommendations for balancing technological advancement with the core values of due process.
Co-Authors Bartama, Primus Adiodatus Abi Hardiyanto, Benediktus Sulistyo Hilaire Tegnan Margareth Soumokil, Yohana Regina Ferreira Lay, Frisca Setyawan , Vincentius Patria Setyawan, Vincent setyawan, vincentius patria Suyud Nusanto, Tri Widiartana, G.