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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Gravity : Jurnal Ilmiah Penelitian dan Pembelajaran Fisika Diya Al-Afkar: Jurnal Studi al-Quran dan al-Hadis The Indonesian Journal of Public Administration (IJPA) SOSIOHUMANIORA: Jurnal Ilmiah Ilmu Sosial dan Humaniora JURNAL CENDEKIA HUKUM Polinter GLOBAL INSIGHT JOURNAL KRTHA BHAYANGKARA Journal of Judicial Review Amsir Law Jurnal (ALJ) TRANS-KATA: Journal of Language, Literature, Culture, and Education Ilomata International Journal of Social Science Papua Journal Of Diplomacy And International Relations Soshum: Jurnal Sosial dan Humaniora Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Kanun: Jurnal Ilmu Hukum JURNAL HUKUM STAATRECHTS Legalis : Journal of Law Review Politeia : Journal of Public Administration and Political Science and International Relations HUMANIORASAINS
Didi Jubaidi
Universitas 17 Agustus 1945 Jakarta
Religion Arts Humanities Astronomy Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Physics Social Sciences Other

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Legal Disparities in Unregistered Polygamous Marriages from the Perspective of Justice and Child Welfare: A Philosophical Examination Jubaidi, Didi; Khoirunnisa, Khoirunnisa
JURNAL HUKUM STAATRECHTS Vol 8, No 1 (2025): JURNAL STAATRECHTS
Publisher : Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52447/sr.v8i1.8226

Abstract

Unregistered polygamous marriages (poligami siri) often give rise to complex legal issues, particularly regarding the protection and rights of children. The disharmony between positive legal norms and social realities creates legal disparities that result in uncertainty over the legal status of children born from such marriages. This situation leads to a central legal inquiry: How can the formulation of legal norms be directed to ensure the protection of children’s rights in the context of unregistered polygamous marriages? This study aims to analyze these legal gaps through a philosophical approach, emphasizing the principles of justice and child welfare. Using a qualitative method through literature review, this paper reflects on the values of substantive justice that should underpin legal formulation and implementation. The findings indicate that the existing legal framework does not fully guarantee the protection of children's rights in the context of unregistered polygamy. Therefore, a reformulation of legal norms is necessary one that is more responsive to social realities and aligned with justice and welfare principles as the philosophical foundation of law.
Islam and human rights in the Muslim World: Essentialist and socio-historical perspectives Jubaidi, Didi; Khoirunnisa, Khoirunisa
SOSIOHUMANIORA: Jurnal Ilmiah Ilmu Sosial dan Humaniora Vol 11 No 2 (2025): August 2025
Publisher : LP2M Universitas Sarjanawiyata Tamansiswa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30738/sosio.v11i2.20313

Abstract

The discourse on human rights in the Muslim world continues to generate significant debate, particularly regarding the interplay between Islamic principles and universal human rights standards. This study explores the implementation of human rights in Muslim-majority countries by examining two essential approaches: the essentialist perspective, which views Islamic teachings as inherently compatible with human rights, and the socio-historical perspective, which emphasizes the contextual interpretation of Islamic values in contemporary settings. The research aims to analyze how these differing approaches influence the realization of human rights in the Muslim world. Using qualitative methods, including literature review and content analysis of key Islamic texts, legal frameworks, and case studies from various Muslim countries, the study identifies patterns and challenges in harmonizing Islamic doctrines with global human rights norms. The findings reveal that while the essentialist approach promotes a timeless and unchanging view of human rights within Islam, the socio-historical perspective offers flexibility, allowing for reinterpretation in response to evolving societal needs. The study concludes that a balanced integration of both approaches is essential for fostering a comprehensive and culturally relevant human rights framework in the Muslim world, emphasizing the importance of dialogue, contextual understanding, and legal reforms.
Legal Perspectives on the Risks of Medical Malpractice in the Implementation of Artificial Intelligence and Telemedicine Technologies Jubaidi, Didi; Khoirunnisa, Khoirunnisa
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 4 (2025): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i4.1647

Abstract

The rapid development of Artificial Intelligence (AI) and telemedicine has transformed healthcare delivery by improving efficiency, accessibility, and patient reach. Nevertheless, these innovations raise significant legal challenges, particularly regarding medical malpractice, diagnostic accuracy, doctor–patient communication, and the protection of sensitive medical data. This study aims to examine the potential risks of medical malpractice arising from the use of AI and telemedicine and to evaluate their broader legal implications for patient safety and healthcare quality. The research employs a literature review and case law analysis, focusing on health regulations governing the integration of AI and telemedicine in medical practice. Using a descriptive and comparative approach, this study explores dimensions of legal responsibility, including the liability of healthcare providers, technology developers, and medical professionals. The findings indicate that errors in AI-based medical diagnosis may generate liability due to algorithmic failures, while telemedicine creates legal concerns in communication that affect clinical accuracy. In addition, patient data protection remains a critical issue due to risks of data breaches. The study concludes that comprehensive regulations are urgently needed to ensure data security, establish mechanisms for monitoring AI algorithms, and provide adequate training and certification for medical professionals in utilizing these technologies.
Indonesia's Digital Security Strategy: Countering the Threats of Cybercrime and Cyberterrorism Khoirunnisa, Khoirunnisa; Jubaidi, Didi
Politeia : Journal of Public Administration and Political Science and International Relations Vol. 2 No. 2 (2024): April 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/politeia.v2i2.211

Abstract

Cybercrime is becoming a very serious threat to Indonesia's national security. The pervasive nature of cyberattacks raises questions about the effectiveness of current regulatory measures. This research aims to analyze how the government addresses security challenges in cyberspace in a sustainable manner. A descriptive qualitative method was used to evaluate the impact of cybercrime in Indonesia and its relationship with highly interrelated regulations. The results show that the threat of cybercrime and cyber-terrorism, in both physical and digital forms, has increased alarmingly in recent years. The impact of universal access to all relevant information has several consequences, including the spread of false information and the development of cybercrime networks. Significant measures are needed to disrupt the cyber terrorism industry to create a safe environment in Indonesia. The success of regulatory measures in Indonesia relies on a holistic approach involving the active participation of the government, society, and the private sector.
Between Power and Principle: A Study of Legal Legitimacy under International Law in the Iran–Israel–U.S. Trilateral Conflict Khoirunnisa, Khoirunnisa; Jubaidi, Didi
GLOBAL INSIGHT JOURNAL Vol 10, No 2 (2025)
Publisher : Universitas 17 Agustus 1945 Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52447/gij.v10i2.8559

Abstract

The trilateral conflict involving Iran, Israel, and the United States represents one of the most persistent and complex geopolitical tensions in the Middle East. Rooted in ideological opposition, strategic competition, and concerns over nuclear proliferation, this conflict has had far-reaching implications for regional stability and the credibility of international legal norms. Each actor, Iran, Israel, and the United States has engaged in actions that reflect differing perceptions of threat and power projection, often justified through contested interpretations of self-defense and sovereignty. This study raises a central question: to what extent do the actions of Iran, Israel, and the United States in their ongoing conflict reflect compliance with or violations of the core principles of international law, particularly those relating to state sovereignty, non-intervention, and the lawful use of force? The objective of this research is to analyze how the legal justifications and strategic behaviors of the three actors align with or undermine international legal norms. Employing a qualitative, descriptive-analytical method, the study draws on official documents, United Nations reports, and scholarly literature to assess relevant events, such as targeted killings, cross-border airstrikes, and proxy warfare. The findings suggest that all three states have frequently invoked self-defense in ways that stretch or sidestep legal boundaries, contributing to a pattern of norm erosion and legal ambiguity. In conclusion, this conflict illustrates a broader legitimacy crisis in international law and underscores the need for stronger, more consistent multilateral mechanisms to uphold legal accountability in global security affairs.
The Role of Ad Informandum in Indonesia’s Judicial System: Perspectives on Ethics, Procedural Law, and Human Rights Jubaidi, Didi
Amsir Law Journal Vol 7 No 1 (2025): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i1.699

Abstract

This study examines the legal and ethical dimensions of ad informandum—the submission of third-party information to judges within Indonesia’s judicial process. Although not explicitly regulated in procedural law, ad informandum has gained relevance in cases involving public interest and human rights, raising questions about its legitimacy, consistency, and impact on judicial integrity. Using a normative juridical research method combined with a comparative perspective on amicus curiae practices, this study analyzes statutory provisions, court decisions, and academic literature to clarify the position of ad informandum in Indonesia’s legal system.The findings indicate that ad informandum contributes to more informed and transparent judicial reasoning but remains normatively fragile due to the absence of procedural recognition and ethical safeguards. Without a clear legal basis, its use may lead to inconsistency or compromise due process principles. The study concludes that establishing explicit procedural guidelines for ad informandum would enhance accountability, ensure fairness, and align Indonesia’s judiciary with international human rights and judicial ethics standards. This contributes to the broader discourse on judicial reform and the integration of ethical reasoning in adjudication.
Legal Analysis of the Advancement of AI and Blockchain Amid Lagging Digital Copyright Regulation in Indonesia Jubaidi, Didi; Khoirunnisa, Khoirunisa
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11069

Abstract

The rapid advancement of Artificial Intelligence (AI) and blockchain technology has reshaped the digital landscape, particularly in content creation, storage, and distribution. Despite these innovations, Indonesia’s copyright law has not kept pace, creating a pressing research problem: the adequacy of existing regulations in addressing AI- and blockchain-based works. This study aims to examine the legal implications of these technologies and evaluate whether Indonesia’s current copyright framework, particularly Law No. 28 of 2014, can effectively respond to such challenges. Using a normative juridical methodology that combines statutory, conceptual, and comparative approaches, the research examines Indonesian copyright law and contrasts it with developments in the European Union and the United States. The findings reveal critical regulatory gaps, including the absence of recognition for non-human authorship, insufficient mechanisms for decentralized content management, and the lack of clarity on smart contract-based licensing. These deficiencies create legal uncertainty that risks weakening the protection of creators’ rights in the digital era. The study contributes by emphasizing the significance of adaptive and technology-responsive reforms, recommending proactive legislative updates and the adoption of flexible legal doctrines to ensure Indonesian copyright law remains effective and relevant in the face of rapid technological change.
BRIDGING REGULATION AND PRACTICE: REGIONAL INSIGHTS ON LOCAL BUDGET CORRUPTION AND GOVERNANCE IN SOUTHEAST ASIA Khoirunnisa, Khoirunnisa; Jubaidi, Didi
The Indonesian Journal of Public Administration (IJPA) Vol 11, No 2 (2025): THE INDONESIAN JOURNAL OF PUBLIC ADMINISTRATION (IJPA) JULI-DESEMBER 2025
Publisher : Department of Public Administration, Faculty of Social and Political Science, Universitas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52447/ijpa.v11i2.8557

Abstract

Corruption in local government budget management remains a persistent threat to the principles of good governance across Southeast Asia. Despite the presence of formal regulatory frameworks aimed at promoting transparency and accountability, their practical implementation often falls short due to structural, institutional, and political constraints. This study investigates how public regulations influence the enforcement of good governance and explores the challenges faced by law enforcement agencies in combating corruption in regional budgets, with a particular focus on Indonesia and comparative insights from other ASEAN countries. Employing a qualitative approach, the study uses case studies of two Indonesian local governments, combining document analysis, in-depth interviews with key stakeholders, and field observations of budgeting practices. The findings reveal that although regulatory frameworks are generally adequate, their enforcement is undermined by limited bureaucratic capacity, political patronage, and institutional fragmentation. Law enforcement is further hampered by overlapping mandates, weak inter-agency coordination, and uneven resource allocation. Comparative analysis highlights that effective anti-corruption strategies require more than robust legal frameworks—they depend on political will, institutional integrity, and active civic participation. This study contributes both theoretically and practically by bridging the gap between policy and enforcement, offering insights for reform strategies tailored to decentralized governance systems.
Moral Dilemmas and the Accountability of Criminal Offenders: A Neuroethical Perspective on Decision-Making in the Indonesian Criminal Justice System Jubaidi, Didi; Khoirunnisa, Khoirunnisa; Indriastuti, Desy; Maharani, Shinta; L. Simanungkalit, Robert
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (2025)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i2.31825

Abstract

Advancements in cognitive neuroscience are increasingly challenging traditional legal concepts of free will, intent, and individual culpability. In Indonesia, criminal liability remains grounded in classical legal doctrines that emphasize moral agency, raising critical questions about their compatibility with contemporary neuroethical insights. This article examines trauma, impulse control disorders, and cognitive dysfunction in criminal behavior from a neuroethical perspective, which can provide a more contextual understanding of criminal behavior in the Indonesian legal system. Using a qualitative normative method, this study combines doctrinal legal analysis with interdisciplinary approaches from neuroethics and moral psychology and compares jurisdictions that have recognized neuroscientific evidence in the criminal justice process. Using a qualitative normative method, this research integrates doctrinal legal analysis with interdisciplinary approaches from neuroethics and moral psychology, drawing comparative insights from jurisdictions that admit neuroscientific evidence in criminal adjudication. The study finds that although Indonesian law acknowledges mental incapacity in certain sentencing provisions, it lacks a consistent framework to assess neurocognitive impairments in determining guilt and punishment. As a result, current legal mechanisms may fail to adequately reflect the complex biological and moral dimensions of deviant conduct. This study concludes that integrating neuroethical considerations into Indonesian criminal law could improve its fairness, scientific relevance, and humaneness.
Co-Authors Indriastuti, Desy Khoirunnisa Khoirunnisa L. Simanungkalit, Robert Nurfuadah, Hilda Saputra, Dedi Shinta Maharani Umayah, Umayah WAGIMAN Wagiman, Wagiman Widiatmoko, Dekki Widyaningrum, Tuti