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Prospects of AI Use in The Supreme Court: Comparison of Canada and Indonesia Geofani Milthree Saragih; Ade Sathya Sanathana Ishwara; Jeremy Aprilian Hutauruk; Mohamad Juliandri Rahman; Mariko Hattori
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.1-30

Abstract

The opportunities and challenges of applying artificial intelligence (AI) in law enforcement are the main focus of a comparative study between the Indonesian Supreme Court and Canadian judicial guidelines. In Canada, AI has been used to support transparency, speed, and consistency in decisions through decision prediction, case management, and legal data processing. This serves as an important inspiration for Indonesia, which is currently exploring the use of similar technology in its judicial system. The main challenges faced by Indonesia include limited digital infrastructure, the absence of comprehensive regulations governing the use of AI, and concerns regarding the integrity of decisions and the principle of justice. A normative juridical method combined with a comparative literature review was employed to examine the regulatory frameworks, court practices, and applications of artificial intelligence in each country. The study's findings indicate that despite the significant challenges in Indonesia, the opportunities for AI implementation remain vast. AI implementation must be supported by adaptive national policies, capacity building for judicial officials, and continuous oversight to maintain the integrity of decisions and legal certainty. This study provides strategic recommendations for strengthening Indonesia's legal system in an increasingly complex and dynamic digital era.
Reconceptualizing Good Faith in Digital Contracting: Comparative Perspectives from Indonesia and Japan Natasya Yunita Sugiastuti; Mariko Hattori; Erifendi Churniawan; Kadek Rama Maheswara Putra; Ade Sathya Sanathana Ishwara
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.63939

Abstract

The expansion of digital commerce has transformed contractual relationships by replacing conventional negotiation and consent with standardized interfaces, automated transactions, and platform-mediated contracting. These developments challenge the traditional application of good faith, particularly in addressing information asymmetry, opaque contractual terms, automated decision-making, and unequal bargaining power. This study aims to reconceptualize the doctrine of good faith in digital contracting through a comparative legal analysis of Indonesia and Japan and to identify regulatory principles capable of strengthening contractual fairness without undermining legal certainty. The study employs normative legal research using statutory, conceptual, and comparative approaches. It examines contract law, electronic transaction regulation, consumer protection frameworks, and relevant legal doctrines in both jurisdictions through qualitative and systematic legal analysis. The findings reveal that Indonesia and Japan share a normative commitment to good faith but differ in its doctrinal articulation and regulatory implementation in digital transactions. Indonesia retains a relatively fragmented framework in which good faith, electronic transactions, and consumer protection operate across separate regulatory regimes, whereas the Japanese approach provides useful comparative insights into integrating good faith with consumer protection, transparency, and control of unfair contractual terms. The study argues that good faith in digital contracting should extend beyond contractual performance to encompass pre-contractual disclosure, meaningful digital consent, transparency of standard terms, platform accountability, and substantive fairness. It concludes that Indonesia requires a contextual reconstruction of good faith informed by comparative Japanese experience while remaining consistent with the distinctive foundations of Indonesian contract law.