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Rekonstruksi Independensi Hakim dalam Era Digitalisasi Peradilan Pidana di Indonesia Firda Laily Mufid; M. Yusuf; Irwan Effendi
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 4 (2025): Oktober: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i4.2495

Abstract

The advancement of information technology has profoundly transformed the criminal justice system, particularly in judicial proceedings that now utilize digital platforms such as e-court and e-litigation. Although judicial digitalization aims to enhance efficiency and transparency, it simultaneously raises critical concerns regarding judicial independence in the exercise of adjudicative authority. This study employs a normative juridical approach to examine how digital transformation affects the principle of judicial independence and to reconstruct its concept in accordance with the rule of law. The analysis is based on statutory regulations, legal doctrines, and principles governing judicial power. The findings indicate that the integration of technology into judicial processes may create administrative and technological dependencies that potentially undermine the autonomy of judges in deciding criminal cases. Therefore, a redefinition of judicial independence is necessary—one that extends beyond institutional guarantees to include ethical and personal integrity aspects through the reinforcement of judicial accountability and technological transparency. This study recommends the formulation of ethical standards and technical regulations that explicitly limit administrative or external interference with judges in the digital judicial environment, thereby maintaining a balance between technological efficiency and substantive justice.
Pemulihan Psikologis Anak Korban Kekerasan Seksual di Indonesia: Pendekatan Perlindungan Hukum M. Yusuf; Irwan Effendi; Firda Laily Mufid
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 3 No. 2 (2026): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v3i2.3172

Abstract

Sexual violence against children remains a frequent occurrence in Indonesia; whilst the examination of cases involving children as victims is essential, it is influenced by psychological factors. This study aims to analyse the forms of legal protection for children as victim-witnesses through a psychological lens. In this study, the author will employ an empirical legal research method. Empirical research is a legal research method designed to examine the law in its practical application and to investigate how the law functions within society. The data analysis method employed in this study is descriptive analysis, which involves analysing data from the literature by explaining the results or realities in a logically structured manner. The findings of this study indicate that legal protection for children as victim-witnesses in cases of sexual violence forms part of the rights enshrined in the constitution. This protection is based on various legal provisions, such as those in the Criminal Code and Law No. 35 of 2014 on Child Protection. To reinforce this, Indonesia ratified the United Nations Convention on the Rights of the Child of 1989 through Presidential Decree No. 39 of 1990 to strengthen children’s right to protection. From a psychological perspective, recovery is oriented towards fulfilling children’s rights following sexual violence. The fulfilment of victims’ rights in the handling of sexual violence cases is set out in Article 67 of the TPKS Law, which states that the rights of victims of sexual violence consist of the right to Handling, the right to Protection, and the right to Recovery.