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All Journal Lex Jurnalica (Ilmu Hukum) At-Taradhi: Jurnal Studi Ekonomi Unes Law Review Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Jurnal Hukum Sehasen Journal of Law, Poliitic and Humanities Abdi Implementasi Pancasila: Jurnal Pengabdian kepada Masyarakat Innovative: Journal Of Social Science Research Tasyri' Riwayat: Educational Journal of History and Humanities International Journal Multidisciplinary Science Jurnal Magister Ilmu Hukum : Hukum dan Kesejahteraan Binamulia Hukum
Maslihati Nur Hidayati
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Religion Humanities Computer Science & IT Control & Systems Engineering Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Criminal Liability For Ai-Based Cybercrime: Comparative Analysis Of Common Law And Civil Law Approaches Hidayati, Maslihati Nur; Surono, Agus; Pamungkas, Ery
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.2683

Abstract

This study analyzes the fundamental differences between common law and civil law systems in responding to criminal liability for artificial intelligence-based cybercrime. The background of the study covers the significant escalation of crimes utilizing AI, with 87% of global organizations experiencing AI-based attacks in 2024, AI-based fraud losses predicted to reach $40 billion by 2027, and a 223% increase in the trade of deepfake tools on dark web forums. The main problem identified by the research is a critical paradox: as AI technology becomes increasingly sophisticated in facilitating cybercrime, the gap between existing legal regulations and operational realities in the field widens, allowing criminals to exploit ambiguities in accountability to avoid responsibility. The research methodology uses a qualitative comparative legal analysis approach through analysis of primary legal documents from both systems, with case studies in four jurisdictions: the United States and the United Kingdom for common law, and Germany and France for civil law, as well as the supranational framework of the EU AI Act. The results show that the common law system has developed three models of liability—perpetration-via-another, natural-probable-consequence liability, and direct liability—but still faces fundamental difficulties in attributing mens rea to AI systems that lack moral consciousness. In contrast, civil law systems adopt a provider-deployer approach with the mechanisms of Organisationsverschulden in Germany and responsabilité pénale in France, which allow for liability based on organizational negligence, although they often lag behind in responding to technological developments. This study concludes that a hybrid approach is needed that combines the clarity of civil law codification with the adaptive flexibility of common law, as well as cross-jurisdictional harmonization to overcome the challenges of law enforcement in an increasingly autonomous AI era.
Instrumentalisasi Hukum dan Ketahanan Demokrasi: Analisis Politik Hukum Mahfud MD dalam Perspektif Hukum Islam Pamungkas, Ery; Hidayati, Maslihati Nur
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.420

Abstract

This article discusses the phenomenon of legal instrumentalization in Indonesian constitutional practice and its implications for democratic resilience, by highlighting the political thinking of Mahfud MD. Through the approach  of doctrinal legal research and normative analysis, this study found that the law is often used as an instrument of power by the dominant political configuration, thereby weakening the principles of judicial independence and constitutional supremacy. In this context, Mahfud MD's idea of responsive legal politics becomes relevant to uphold the law as a means of substantive justice, not just a tool of power legitimization. This study then relates this framework to the principles  of maqāṣid al-sharī'ah in Islamic law, especially in the aspects of the maintenance of justice (ḥifẓ al-'adl), reason (ḥifẓ al-'aql), and the public benefit (maṣlaḥah 'āmmah). The integration of the two shows that strengthening democracy requires a political reconstruction of the law based on Islamic ethical values, namely the balance between power, justice, and moral responsibility of state administrators. This study recommends the need for a national legal design that is oriented towards substantive justice and the protection of human rights as a form of application of maqāṣid al-sharī'ah in the democratic legal system in Indonesia.
IMPLEMENTATION OF ONLINE DISPUTE RESOLUTION AND MARKETPLACE LIABILITY BASED ON THE PRINCIPLE OF INTERMEDIARY LIABILITY Hidayati, Maslihati Nur; Suartini, Suartini
International Journal Multidisciplinary Science Vol. 3 No. 3 (2024): October: International Journal Multidisciplinary Science
Publisher : Asosiasi Dosen Muda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56127/ijml.v3i3.1618

Abstract

The rapid growth of online transactions aligns with the increasing potential for disputes between consumers and businesses. The problem is the need for national regulations governing ODR, although some marketplaces have implemented internal dispute resolution systems. This research uses John Rawls' theory of distributive justice to analyze marketplace liability in online dispute resolution, focusing on the principle of intermediary liability. The research method involves a literature review and case analysis on several platforms such as Tokopedia, Shopee, AliExpress, and eBay. The results show that although some marketplaces have developed efficient ODR systems, there are still challenges related to transparency, security, and fairness. Marketplaces are expected to create a more comprehensive and equitable system, considering equal access for consumers.
Gaps in the Implementation of Restitution for Victims of Human Trafficking in Indonesia: Normative-Empirical and Comparative Analysis Hidayati, Maslihati Nur; Prasetyo, Claudya Bunga Jovita
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3132

Abstract

: The crime of human trafficking in Indonesia shows an alarming escalation with 1,061 cases and 3,363 victims in 2023, while restitution paid by perpetrators only reached 13 percent of the total calculation by the LPSK in 2024. This study analyzes the legal, institutional, and procedural obstacles causing low restitution; compares restitution regulations and mechanisms in Thailand, Germany, and the United States; and formulates comprehensive recommendations for improvement. The method used is descriptive-analytical qualitative legal research with doctrinal-normative, empirical-sociological, and comparative approaches, using the theoretical framework of legal certainty, legal effectiveness, legal protection, and restorative justice. The results show that the failure of restitution implementation is systemic in all dimensions, and the three comparison countries have structural advantages in the form of mandatory restitution, the active role of prosecutors, state compensation funds, and standardized calculation formulas. The study recommends comprehensive reforms based on five pillars that integrate international best practices with the characteristics of the Indonesian legal system.
Co-Authors Agus Surono Agus Surono Bimawan Domas Hidayat Ferdianida, Djasmine Nabilla Pasha Fokky Fuad Fontian Munzil, Fontian Harry Dewantoro Istiani, Nisa Maryam, Anna Nahda Feby Rahmadhani Puteri Nauvina, Anna Pamungkas, Ery Prasetyo, Claudya Bunga Jovita Putri, Yuminuna Bilghaiby Reda Manthovani Rifa, Fauzi Risfidhiyaa, Aina Sabara, Dzikry Samosir, Tetti Setiawan, Raden Nanda Suartini Suartini, Suartini Wahyu, Andi Yusup Hidayat Yusup Hidayat Zaitun Abdullah