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The Effectiveness of The Settlement of Alleged Criminal Offences of Insult or Defamation Through Electronic Media with Restorative Justice at The Investigation Stage Heriyanto, Heriyanto; Saputra, Tri Eka; Ichsan, Nursyamsi; Susanto, Cristofer
International Journal of Business, Law, and Education Vol. 3 No. 2 (2022): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v3i2.474

Abstract

Restorative justice aims for legal settlement to create an agreement on the settlement of criminal cases. This research study aims to find the effectiveness of the settlement of alleged criminal offences of insult or defamation through electronic media at the investigation stage. This type of research is descriptive qualitative research using a combination approach between doctrinal (normative) and non-doctrinal (empirical) research. The results showed that the settlement of alleged criminal offences of insult or defamation through electronic media with restorative justice at the investigation stage has been effective. This is measured by the level of knowledge of Law Enforcement Officials and the public that has been sufficient and the dominant respondent considers that the justice of the victim can be fulfilled through restorative justice. However, there is still a need for regulations at the level of laws that can serve as guidelines for law enforcement officials in handling criminal cases.
Force Majeure In The Perspective Of The Concept Of Justice In Modern Business Contracts: A Study Of The COVID-19 Pandemic Tri Eka Saputra; Muh. Askaruddin Askaruddin; Nurul Qamar Nurul Qamar; Muhammad Kamal Muhammad Kamal
ARMADA : Jurnal Penelitian Multidisiplin Vol. 4 No. 3 (2026): ARMADA : Jurnal Penelitian Multidisplin, March 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/armada.v4i3.1910

Abstract

This study is motivated by the tension between legal certainty and justice in the application of force majeure in modern business contracts during the COVID-19 pandemic, when force majeure clauses often fail to protect structurally weaker parties. This study aims to critically examine the concept, application, and interpretation of force majeure in the Indonesian contract law system and reconstruct it as an instrument for correcting injustice that is oriented towards balancing the interests of the parties. The research uses a normative legal method with a legislative and conceptual approach, relying on the analysis of primary, secondary, and tertiary legal materials collected through literature studies and analyzed qualitatively and prescriptively. The results show that force majeure in practice is more often operated as a formalistic exculpatory mechanism than as a means of fair risk redistribution, so that the burden of pandemic losses tends to be concentrated on small businesses and parties with weak bargaining positions. Through the integration of corrective and distributive justice theories, the principle of freedom of contract, good faith, and public policy in times of crisis, this study offers a layered interpretive framework that encourages renegotiation, proportional loss sharing, and protection of vulnerable parties. These findings imply the need to redesign force majeure clauses, strengthen the orientation toward justice in contract dispute rulings, and develop policies that synergize private contracts with social justice objectives. The agenda for further research remains open
Rethinking MSMEs Tax Exemptions in Indonesia: Force Majeure and Tax Justice During COVID-19 Tri Eka Saputra; Askari Razak
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12077

Abstract

This study aims to reassess tax exemption policies for Micro, Small, and Medium Enterprises (MSMEs) during the COVID-19 crisis in Indonesia within the framework of fiscal justice principles and the doctrine of force majeure. Employing a purely normative legal research method, with statutory and philosophical approaches, this research analyzes the prevailing tax law norms, the potential integration of force majeure into the taxation legal system, and the urgency to reconstruct a more responsive principle of tax justice during national emergencies. The key findings indicate that tax incentive policies for MSMES remain sectoral in nature, rely solely on administrative approaches, and have yet to fully adopt force majeure as a legal foundation for granting fiscal relief. The concept of tax justice grounded in public law principles and legal responsiveness must be advanced to shape a more adaptive and equitable tax system. This study has implications for strengthening the national tax regulatory framework, particularly in developing crisis-responsive policies based on substantive justice, and opens the path for new legislation that clarifies the scope and operationalization of force majeure within the fiscal context.
The Role of Artificial Intelligence in the Implementation of Personal Data Protection Law in Indonesia Nina Purwanti; Megawati Barthos; Tri Eka Saputra
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 6 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i6.1448

Abstract

The development of artificial intelligence technology has brought significant impacts in various elements of daily life, such as in systems for managing personal data. Examining how artificial intelligence works in Indonesia's implementation of Law Number 27 of 2022 on the Protection of Personal Data is the aim of this study. The primary subjects of conversation are the legality of handling personal data with AI technology and the function of AI in Indonesia's execution of the Personal Data Protection Act. Normative legal research using a legislative framework is the methodology employed and analytical approach, through literature study of regulations, legal literature, and related policies. The results showed that: The role of artificial intelligence in the implementation of Law No. 27 of 2022 on Personal Data Protection in Indonesia presents both efficiency opportunities and serious challenges to the protection of individual privacy rights. Although this law has adopted data protection principles according to international standards, the unavailability of technical regulations and accountability mechanisms for the use of artificial intelligence creates a legal gap that needs to be addressed immediately. Therefore, legal certainty over the use of this technology requires regulations that are adaptive, principle-based, and uphold human rights through institutional strengthening, algorithmic supervision, and the application of the principle of explainability in responsive and humanist governance. This research recommends the need to strengthen technical regulations, algorithmic accountability mechanisms, and adaptive institutional supervision so that Human rights and legal certainty are upheld when artificial intelligence is used to manage personal data.