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Kontroversi Revisi Undang-Undang Minerba Terhadap Hak Asasi Manusia Masyarakat Hukum Adat Rusdiana, Shelvi; Fitri, Winda; Divia, Felysha Putri
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.454

Abstract

Law no. 3 of 2020 is predicted to be able to improve mineral and coal mining by integrating the concept of real participation in the community. In fact, the Minerba Law has sparked polemics on human rights issues. This research aims to find out what are the controversial regulations on the Human Rights of Indigenous Peoples contained in the Minerba Law and the community's efforts to fight for human rights contained in the Minerba Law. This research uses normative juridical methods, namely research starting from statutory regulations, books, scientific journals and websites. The results of the research are that there are several articles that have multiple interpretations regarding the rights of customary law communities which are detrimental to the community. This controversy has certainly drawn a response from the public whose efforts are to carry out a judicial review at the Constitutional Court. Constitutional Court Decision Number 37/PUU-XIX/2022 Revision of Law Number 4 of 2009 concerning Mineral and Coal Mining as partly amended by Law Number 11 of 2020 concerning Job Creation to the Constitution of the Republic of Indonesia seems to provide a wide path to oligarchic profit-seekers rather than paying attention to the welfare of the Indonesian people. Looking at the problems above, the role of regional government is a solution in making regional legal product policies that can provide solutions for empowering, fostering respect and protection of MHA as a subject of development. 
Restorative Justice Framework for Underage Drug Abusers to Face Long-Term and Societal Challenges Alhakim, Abdurrakhman; Rusdiana, Shelvi; Hutauruk, Rufinus Hotmaulana
Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i1.4209

Abstract

Youth development has always been an important aspect in the fight against drug abuse, which includes the effort in dealing with underage drug abusers to help them reflect and get back to society. Using normative legal research method, this research dives deep into the challenges facing underage drug abusers on their way back to society and how these challenges impact their future involvement with drugs and their ability to function normally. Through statutory approach, this research finds the possible normative construction to provide a concrete framework of restorative justice. With the restorative justice approach, societal challenges facing underage drug abusers such discriminations, prejudice, and labelling can be met with solutions that provide implementation during the process of rehabilitation and after it.
The Adaptability of the Indonesian Judiciary in the Era of Law and Technology Disruption Afdal, Windi; Situmeang, Ampuan; Anggriawan, Rizaldy; Tan, Winsherly; Rusdiana, Shelvi
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.28896

Abstract

Legal disruption has been reported to significantly change judicial practice. Therefore, this study aims to explore 2 problem topics, namely 1) how the era of legal and technological disruption affects the profession of judges in carrying out their duties as case deciders, and 2) how is the adaptability of judges in Indonesia in facing the era of legal disruption to ensure their role and function remain relevant. The study procedures were carried out using the normative-empirical legal method, where secondary data were obtained using literature studies. Subsequently, data were enriched with empirical data obtained through field studies. The results showed Artificial Intelligence (AI) and Big Data could be integrated into the judicial system as a transformative solution due to the limited number of judges in Indonesia. The integration was expected to improve the efficiency, consistency, and unity of law enforcement. The profession of judges was required to carry out a transformation that was not only technical but also philosophical. In addition, the Supreme Court Technical Education and Training Center was expected to create an ecosystem where technology could be used as an instrument to improve the quality of Indonesian judges decisions. This could be achieved through hybrid curriculum strategies, inclusive infrastructure, and adaptive regulations.