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All Journal MALA IN SE : JURNAL HUKUM PIDANA, KRIMINOLOGI DAN VIKTIMOLOGI
Megawati Barthos
Borobudur University
Law, Crime, Criminology & Criminal Justice

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A NEW PARADIGM OF CRIMINALIZATION THROUGH THE CONCEPT OF JUDICIAL PARDON BASED ON THE PRINCIPLES OF JUSTICE AND LEGAL UTILITY Muhammad Arman; Megawati Barthos
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.259

Abstract

Judicial pardon empowers adjudicators to absolve defendants—proven guilty through evidence—without sentence imposition, as enshrined in Law Number 1 of 2023 on the Indonesian Criminal Code. This study adopts a normative juridical methodology incorporating statutory and conceptual analyses. Findings demonstrate that judicial pardon provisions signal penal reform toward a humane, proportionate, and substantively just criminal framework. Via this tool, judges may weigh elements like offender culpability, act motivation, personal context, and societal effects. Furthermore, judicial pardon upholds legal utility, acknowledging scenarios where criminalization yields scant benefit to perpetrator, victim, or community. Thus, its integration into the new Criminal Code advances a sanctions system balancing retribution with justice, humanity, and pragmatic value in penal application.
JURIDICAL RECONSTRUCTING OF MEDICAL DATA PROTECTION IN MACHINE LEARNING TO FULFILL THE RIGHT TO HEALTH Dyah Nur Sasanti; Megawati Barthos
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.260

Abstract

The use of machine learning in the health sector has significantly changed the way medical personal data is managed and utilized. This technology improves the quality of health services, but at the same time poses a risk of violations of the right to health and the right to privacy due to algorithmic bias, lack of transparency, and weak data governance. This research aims to analyse the position of the right to health as a binding norm in the framework of medical personal data protection in Indonesia and to formulate an inclusive juridical reconstruction to mitigate risks. The research method used is normative juridical with a laws and conceptual approach, through the study of legal materials that collected by literature studies. The results of the study show that although the 1945 Constitution of Republic Indonesia, the Health Law, the PDP Law, and the ITE Law have provided a strong normative basis, there are still gaps due to the lack of specific regulations regarding algorithm audits, human rights impact assessments, and independent oversight. In conclusion, it is necessary to reconstruct regulations and strengthen supervisory institutions so that digital health innovations can apply in a fair, inclusive, and in line with the principles of non-discrimination. The author recommends to the Government to prepare regulations regarding the technical implementation of medical personal data protection, health service practitioners and digital health technology providers apply the principles of privacy by design and security by default, and encourage academics and legal researchers to develop studies about it.
LEGAL POLICY ON COPYRIGHT OF DIGITAL WORKS BASED ON ARTIFICIAL INTELLIGENCE IN THE CREATIVE ECONOMY ERA IN INDONESIA Rara Amalia Cendhayanie; Megawati Barthos
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.267

Abstract

The swift evolution of Artificial Intelligence (AI) has facilitated the production of digital creations via computational algorithms, prompting juridical questions about authorship, novelty, and safeguards under copyright law. In Indonesia, the copyright system—chiefly regulated by Law No. 28 of 2014—upholds humans exclusively as eligible creators. This stance engenders difficulties in providing juridical predictability for outputs produced by or with AI assistance, especially amid the burgeoning digital creative sector. This research seeks to analyze the policy dynamics underpinning the governance of AI-driven digital copyright within Indonesia. It employs a normative juridical methodology, incorporating statutory, conceptual, and comparative lenses drawn from legislative texts, doctrinal principles, and pertinent academic sources. The results demonstrate that Indonesia's prevailing copyright structure fails to expressly encompass AI-generated content. Hence, a flexible regulatory strategy is essential, achieved via the revision of normative provisions that preserve human oversight in creation while delineating a precise protective regime for AI-assisted works, thereby fostering expansion in the domestic creative economy.
Co-Authors Dyah Nur Sasanti Muhammad Arman Rara Amalia Cendhayanie