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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Pembaharuan Hukum Jurnal Akta Nagari Law Review Awang Long Law Review Journal of Humanities and Social Studies Pagaruyuang Law Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Syntax Transformation Devotion: Journal of Research and Community Service International Journal of Social Service and Research Interdisciplinary Social Studies Jurnal Impresi Indonesia Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Jurnal Locus Penelitian dan Pengabdian Journal of Comprehensive Science INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Cerdika: Jurnal Ilmiah Indonesia Journal of Social Science Rechtsnormen Journal of Law JURNAL ILMIAH GEMA PERENCANA Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences Lex Librum : Jurnal Ilmu Hukum Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean
Faisal Santiago, Faisal
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The Role of Artificial Intelligence in Immigration Law Enforcement: Balancing Efficiency, Transparency, and Ethical Accountability Hamdi, Muhammad Arief; Briando, Bobby; Santiago, Faisal
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1835

Abstract

Background. The integration of Artificial Intelligence (AI) in immigration law enforcement has significantly improved efficiency in areas such as fraud detection, border security, and visa application assessments. However, the implementation of AI raises critical concerns related to transparency, fairness, and ethical accountability. The "black box" nature of AI systems often obscures the reasoning behind decisions, posing risks to the rights of migrants, especially refugees and asylum seekers. Furthermore, the increased use of biometric data for security purposes heightens privacy concerns and potential misuse. Purpose. This study aims to analyze the role of AI in immigration law enforcement, focusing on its benefits, limitations, and ethical challenges. It seeks to provide recommendations for regulatory frameworks that ensure a balance between operational efficiency and the protection of human rights. Method. The research adopts a qualitative approach, combining a review of scholarly articles and case studies from journals such as Comparative Migration Studies and AI & Society. Key themes include transparency, fairness, privacy, and accountability. Results. AI significantly enhances operational efficiency but remains vulnerable to biases and errors that can disproportionately affect vulnerable populations. Human oversight is critical to ensuring ethical decision-making and maintaining accountability. Conclusion. The integration of AI in immigration law must be guided by transparent, fair, and ethical regulatory frameworks. Emphasizing human oversight ensures that moral responsibility remains with human actors rather than AI systems.
Rekonseptualisasi Status Korban pada Pernyataan Dampak Korban di Indonesia Rizki, Muhamad; Utami, Widya Wahyu; Marwa, Muhammad Soffa; Sholih, Muhammad Abdurohman; Santiago, Faisal
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 3 (2026): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i3.342

Abstract

The Indonesian criminal justice system remains predominantly offender-centric, systematically marginalizing victims by reducing them to mere witnesses and neglecting their profound physical, emotional, and social harm. This structural imbalance contradicts constitutional guarantees of fair legal certainty and perpetuates secondary victimization. Grounded in normative legal research employing conceptual and statutory approaches, this study analyzes the 1945 Constitution, the Criminal Procedure Code (KUHP), and recent reforms like Law No. 12 of 2022 on Sexual Violence. It synthesizes victimological theory and comparative jurisprudence to argue for the adoption of the Victim Impact Statement (VIS) as a transformative mechanism. The findings reveal that VIS can bridge the gap between victims' subjective experiences and legal recognition, functioning as both a therapeutic tool for victim healing and an informational aid for proportionate sentencing within a restorative justice framework. However, successful implementation requires navigating challenges of judicial bias, equitable access, and defendant rights protection. The study concludes that reconceptualizing victim status from passive object to active participant is imperative. It recommends formal integration of VIS into the KUHP, supported by comprehensive judicial guidelines, institutional capacity building for the Witness and Victim Protection Agency (LPSK), and public awareness campaigns to foster a victim-centered paradigm that aligns with restorative justice principles and enhances systemic legitimacy.
Interpretasi Teori Jimenez dalam Praktik Hukum Kontrak di Indonesia Bagus, Sujoko; Ryandra, Reza; Darmawan, Andri; Marquez, Neilpon Yulinar; Santiago, Faisal
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 3 (2026): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i3.343

Abstract

Contract law practice in Indonesia tends to resolve disputes through economic compensation, overlooking the moral and social dimensions inherent in contractual relationships. This gap exists between the current formalistic civil law approach and the need for substantive justice, raising questions about the adequacy of the existing legal framework to fully remedy damages. This research examines the urgency of applying a more holistic contract remedy theory. This study employs qualitative method with a normative legal method with conceptual and comparative approaches. The analysis focuses on primary legal materials, such as the Indonesian Civil Code and court decisions, and secondary materials, including journals and books, with a focus on Felipe Jiménez’s pluralistic theory to evaluate its relevance in the Indonesian legal context. The findings indicate a significant discrepancy between theory and practice, with the judiciary prioritizing financial compensation. Jiménez's theory, which balances economic, moral, and social values, offers a more comprehensive framework, with the principle of good faith in the Civil Code as its juridical basis. It is concluded that applying this theory can enrich contract law practice by integrating restorative justice. It is recommended that legal academics and practitioners delve deeper into the literature on contract remedy theory, and that legal education be reformed alongside a review of relevant Civil Code provisions.
Rehabilitasi Hak Asasi dan Komunitas Korban: Pendekatan Victimologis terhadap Keadilan dalam Sistem Peradilan Pidana Christianty, Eva Nurlaelisa; Nasution, Izhar Zahri; Susanto, Robertus Hadi; Fernando, Agung; Santiago, Faisal
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 3 (2026): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i3.344

Abstract

This article proposes a new conceptual paradigm for understanding justice for crime victims by emphasizing two fundamental dimensions of human existence: agency and communion. The background of the problem indicates that despite normative progress, traditional justice approaches—retributive, restorative, and procedural—have yet to fully address the victim's need to simultaneously restore these two existential dimensions, creating a gap between the ideal of holistic justice and the fragmented reality of practice. This study aims to address the specific problem of formulating a justice framework that integrates the restoration of the victim's agency (sense of control and autonomy) and communion (social connectedness). The methodology employed is qualitative with a theoretical-conceptual research design, utilizing an in-depth literature review of social psychology theories, victimology, and legal philosophy. Data analysis techniques include content analysis and conceptual synthesis to construct an integrative model. The study results in a "Rehabilitative Justice" framework that integrates elements of traditional paradigms to simultaneously restore victims' agency and communion. The discussion reveals that this approach provides a theoretical foundation for reforming the Indonesian criminal justice system to be more humanistic and victim-centered. In conclusion, justice for victims must be understood as an existential rehabilitation process that restores dignity and social bonds. Recommendations include a philosophical reorientation of criminal law, a procedural reconstruction towards meaningful participation, and an institutional transformation of victim protection agencies towards comprehensive psychosocial and existential support.
Imperatif Ekonomi dan Hukum Regulasi Usia Pernikahan: Analisis Posnerian tentang Produktivitas dan Kesejahteraan Nasional Muhidin; Trihastuti S., Tuti; Lutrianto A., Indra; Sujatmiko, Bambang; Santiago, Faisal
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 3 (2026): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i3.346

Abstract

The enforcement of Law No. 16 of 2019 Amending the Marriage Law (No. 1 of 1974), which revised Indonesia's minimum marriage age, requires robust complementary policies to unlock its full socio-economic potential. This study analyzes the regulation from a Posnerian law and economics perspective, which posits that legal rules should be evaluated based on their capacity to maximize social benefits and minimize social costs. The research employs qualitative method with a normative legal approach, examining statutory provisions, legal doctrines, and international literature. Our findings indicate that raising the marriage age is a critical intervention for optimizing human capital by extending educational attainment and skill acquisition, particularly for women. This delay directly correlates with increased labor productivity, higher lifetime earnings, and enhanced family welfare, thereby reducing the long-term economic burdens of structural poverty and public health costs associated with early marriage. However, the policy's effectiveness is constrained by persistent cultural resistance and social norms in various Indonesian communities. The analysis reveals that without effective enforcement and socio-legal adaptation strategies, the intended economic benefits remain unrealized. The conclusion is that for the marriage age law to serve as a productive instrument for national development, it must be integrated with widespread public education, targeted economic empowerment programs, and consistent legal enforcement to internalize the negative externalities of child marriage and foster sustainable national welfare.
Efisiensi Hukum dan Pengendalian Populasi: Analisis Program Keluarga Berencana Indonesia Berdasarkan Teori Richard A. Posner Hermawan, Didy; Pasaribu, Fajar Ronal Harry; Gustryan, Muhammad; Fathony, Muhammad; Santiago, Faisal
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 3 (2026): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i3.347

Abstract

This paper analyses the Family Planning Programme (KB) in Indonesia through the perspective of Economic Analysis of Law (EAH) developed by Richard A. Posner, with a focus on legal efficiency in internalising demographic externalities and maximising social wealth. This study uses a legal-economic approach, combining normative legal research methods with economic analysis of public policy, particularly Law No. 52 of 2009 on Population Development and Family Development, Government Regulation No. 87 of 2014 concerning Population Development and Family Development, Family Planning and Family Information Systems, and Presidential Regulation No. 72 of 2021 on Accelerating Stunting Reduction. The results show that family planning policies are legal interventions that meet the Kaldor–Hicks efficiency criteria, as their social benefits, such as a decrease in the total fertility rate (TFR), increased female economic participation, and the creation of a demographic bonus, aggregate to exceed their implementation costs. However, inefficiencies still occur due to increased transaction costs and unmet needs, which reflect market failures and bureaucratic constraints. The analysis shows that the 2025 fiscal efficiency policy, which cuts the budget for contraceptive procurement, has the potential to cause greater social deadweight loss in the future. Therefore, it is recommended that family planning policies be directed towards long-term efficiency through budget protection based on incremental cost-effectiveness ratio (ICER), reduction of transaction costs, and strengthening of access rights to family planning services.
Judicial Interpretation of Land Registration and Legal Protection in Indonesia Between Administrative Evidence and Substantive Justice Ardiansyah, M. Filusi; Santiago, Faisal
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.705

Abstract

Land registration plays a central role in Indonesia’s land administration system and is widely regarded as a primary instrument for achieving legal certainty. In judicial practice, however, land registration does not function merely as an administrative record but also as a crucial element in evidentiary assessment during land dispute resolution. Courts are frequently required to interpret the legal status of registered land certificates in relation to substantive land rights that may arise from possession, inheritance, contractual relations, or customary law, placing judicial interpretation at the intersection between administrative certainty and substantive justice. This article examines how Indonesian courts interpret land registration within the broader framework of legal protection for land rights holders. Using a normative juridical research method, the study analyzes statutory regulations governing land registration, legal doctrines concerning declarative and constitutive registration systems, and selected judicial decisions in land dispute cases. The analysis focuses on the manner in which judges balance the evidentiary value of land certificates with proof of substantive land relations. The findings demonstrate that Indonesian courts do not consistently treat land registration as absolute or conclusive proof of rights. While land certificates are generally regarded as strong administrative evidence, judicial reasoning often allows for recognition of substantively valid rights that predate or exist independently of registration. This approach reflects an implicit acknowledgment of the declarative nature of land registration, even when administrative practice tends toward formalism. The article argues that judicial interpretation plays a decisive role in preserving the protective function of land law by preventing administrative formalism from overriding substantive justice. Strengthening this interpretative approach is essential to ensure that land registration supports legal certainty without marginalizing legitimate land rights within Indonesia’s pluralistic agrarian legal framework.
Legal Policy on Allocating Resources for Pertalite Subsidies: Kaldor-Hicks Efficiency Analysis Attidhira, Safira Widya; Apriani, Meni; Novelino, Romadu; Alfianda, Jaka Tiwana; Santiago, Faisal
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.48866

Abstract

This study aims to analyze the legal and political efficiency of the 2024 Pertalite subsidy policy from a legal and economic perspective based on the Kaldor Hicks efficiency principle. The results show that the Pertalite subsidy policy has not fully achieved economic and legal efficiency, as reflected in the negative net social benefits ranging from IDR 8–18 trillion per year. This condition indicates that the resulting social benefits have not exceeded the social costs borne by the state and society. The observed inefficiency is mainly caused by inaccuracies in targeting subsidy recipients, limited data integration between institutions, and a suboptimal legal framework governing the protection and management of digital data in the subsidy distribution system. From a normative perspective, the Pertalite subsidy policy also requires further strengthening to be more aligned with the principles of efficient and fair economic resource management as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia.
Political Dynamics of the Policy of Moving the National Capital and Reorientation of Indonesian Governance Santiago, Faisal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5582

Abstract

This study examines the legal, social, and political dynamics surrounding the relocation of Indonesia’s capital city to East Kalimantan, with a focus on the implications for governance, public opinion, and economic development. The study highlights the legal challenges, including issues related to the establishment of the Capital City Authority and its relationship to local government structures, as well as issues of land acquisition and the rights of affected communities. The study also explores the social impacts of the capital city relocation, addressing public opposition related to the high costs, potential social disruption, and perceived injustice, alongside support from certain groups advocating for regional development and economic equity. The study further explores the political implications, particularly the shifting power dynamics in the new capital city region, the influence of political parties, and the importance of transparency in decision-making. Overall, the study concludes that while capital city relocation offers opportunities for more equitable regional development and economic growth, it requires careful legal reform, public engagement, and efficient resource management to ensure long-term success and minimize social injustice. The study’s findings emphasize the importance of comprehensive planning and collaboration among stakeholders to address challenges and achieve sustainable development goals.
Analysis of Sanctions Imposed on Foreign Nationals Violating Article 71 Letter A in Conjunction with Article 116 of Law Number 6 of 2011 on Immigration Hamdi, Muhammad Arief; Difa, Aulia Diantama; Santiago, Faisal; Wiraputra, Anindito Rizki
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6184

Abstract

Ideally, foreign nationals who have entered and settled in Indonesia are required to provide information regarding their identity and family, as well as report any changes in marital status, nationality, employment, sponsorship, and address to the immigration office. This reporting obligation can be fulfilled by the sponsor; however, if the sponsor fails to do so, the foreign national bears the responsibility of reporting it. The failure of many foreign nationals to report these changes has led to various violations in Indonesia. As a country that adheres to Pancasila as the foundation of national life, Indonesia strives to maintain a balance between legal certainty, justice, and the welfare of its citizens. To achieve these three aspects, legal norms are required to regulate people's behavior, ensuring order and societal stability for the prosperity of the nation. However, in its enforcement, there is a disparity in authority among various immigration officials in Indonesia. Therefore, this study analyzes legal aspects of sanction imposition and explores possible solutions to this issue to create harmonization of immigration law in Indonesia. This research also refers to comparative studies with several other countries to provide a broader perspective on immigration law enforcement worldwide. This study employs a qualitative research approach, as described by Creswell. To address the research problems and propose appropriate solutions, the author applies the Dignified Justice Theory, which aligns with Indonesia’s national philosophy Pancasila.
Co-Authors Abdul Kadir Achmad, Suparji Aga Kurniawan Agus Supriyanto Ahmad Redi, Ahmad Ahmad Sahroni, Ahmad Alfianda, Jaka Tiwana Alfiani, Francisca Romana Nanik Aljawi, Muhammad Farid Apriani, Meni Ardiansyah, M. Filusi Ariany, Erry Arief Fakrulloh, Zudan Attidhira, Safira Widya Azis, Miftakul Bagus, Sujoko Bakir, Herman BAMBANG SUJATMIKO Barthos, Megawati Basri, Herlina Benjamin, Biem Triani Briando, Bobby Budianto, Azis Chandra, Joemarthine Christianty, Eva Nurlaelisa Daniel Balubun, Daud Darmawan, Andri Difa, Aulia Diantama Effendy, D. Andry Endriyana, Riza Enny Kristiani Fahrur Rozi, Agus Fathiyah, Shofa Fathony, Muhammad Fernando, Agung Fonda, Hanif Franata, Hugo S Guspitawaty, Elita Gusti Gede Maha Andika Jaya, I Gustryan, Muhammad Hamdi, Muhammad Arief Hedwin Hanggara, Lalu Hermawan, Didy Irawanto Israhadi, Evita Isretno Isretno Israhadi, Evita Iwansyah, Iwansyah Jasi, Askolani Karyono, Ario Lutrianto A., Indra M. Saleh M. Zahlan, M. Zahlan Mahmuddin Mahmuddin Mangunsong, Togi M. Marquez, Neilpon Yulinar Marwa, Muhammad Soffa Muchtarom, Achmad Muhamad Rizki Muhammad Hasyim, Muhammad Muhidin Muhidin Nai, Makkamadin Aras Nasution, Adhitya Anugrah Nasution, Izhar Zahri Netra, Ade Noval, Cepi Novelino, Romadu Nugroho Marsudianto, Dwi Palar, Hari PAngkey, DIcky Yulius Pasaribu, Fajar Ronal Harry Priyanto, Bambang Budi Puja Laksana, Andik Rika Santina Rizalni Kurniawan, Aan Ryandra, Reza S Franata, Hugo Sabungan Sibarani, Sabungan Sagalane, Andra Bani Saka, Risti Salamony, Jetter Wilson Samiyono, Sugeng Sapan, Heber Hombang Sari, Amalia Sarwono, Aditya Pratama Satoto, Endro Setiawan, Dwi Nur Setyawati, Niken Budi Sholih, Muhammad Abdurohman SIAGIAN, AMRIZAL Sirot Sirot, Sirot Soedirjo, Achmad Taufan Sri Inggriani, Sri Sudibyo, Andin Wisnu Sudradjat, Mohamad Adya Laksmana Sugiarto S Sulkiah Hendrawati Sumartono Sumartono Suparno Suparno Supriyanto Supriyanto Susanto, Robertus Hadi Syahputra, M Arif Taufan Soedirjo, Achmad Trihastuti S., Tuti Utami, Widya Wahyu Wijaya, Armen Wiraguna, Sidi Ahyar Wiraputra, Anindito Rizki Wulandari, Evita Vibriana Yanto, Sapta Eka Yudhistira, Dhieno Yudianto, Bambang Yusuf, Hudi Yuswanti, Adillah Yuwono, M. Sunandar Zakaria, Taufan Zudan Arif Fakrulloh Zuwanda, Rifka