Garuda - Garba Rujukan Digital

BANK INDONESIA’S ROLE IN ERADICATING CORRUPTION: ADOPTING THE WORLD BANK INITIATIVES Natamiharja, Rudi; Sabatira, Febryani; Davey, Orima Melati; Khanza, Yuga Narazua
Journal of Central Banking Law and Institutions Vol. 3 No. 1 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i1.32

Bank Indonesia as the primary agent for maintaining state financial stability plays an essential role in combatting corruption through preventive and repressive measures. However, considering the poor state of corruption management, Indonesia requires a more strategic and measurable framework. In this case, The World Bank Group (WBG) has numerous methods for combatting corruption through structured initiatives. The overall goal of the programs is to achieve a high level of transparency as the central bank’s fundamental premise in dealing with corruption. Thus, by adopting the WBG guidelines and initiatives, Indonesia can gradually scale up its corruption eradication efforts. This study will further highlight three areas, namely: (i) the World Bank alternatives for controlling corruption; (ii) the role of Bank Indonesia in eradicating corruption; and (iii) adoption of the World Bank’s alternatives in strengthening Bank Indonesia’s efforts to eradicate corruption. The study uses normative legal research using a regulatory approach with secondary data collection. The results of the study show that Bank Indonesia has thoroughly adopted the World Bank’s initiatives. Nevertheless, BI still needs to optimise technology-based public transparency, enhance public involvement, and strengthen supervision of sectoral-based corruption risk in the future.

DEEPFAKE IN ONLINE FRAUD CASES: THE HAZE OF ARTIFICIAL INTELLIGENCE’S ACCOUNTABILITY BASED ON THE INTERNATIONAL LAW Davey, Orima Melati; Sauerwein, Levin
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2654

Artificial Intelligence (AI) is the science and engineering of intelligent machines, primarily through computer programs. AI consists of processes by human intelligence simulated through machine processes and is concerned with designing, developing, and implementing computer systems. One of them is Deepfake. Deepfake is a technology that uses data as an image/photo of a person’s face, which is part of personal data and potentially misused to commit crimes such as online loan fraud. The research discusses (1) the Benefits and Disadvantages of Artificial Intelligence in Human Lives, (2) the concept of accountability for deepfake artificial intelligence in online loan fraud according to international law and its application in Indonesia, and (3) the analysis of regulations and accountability of deepfake according to chaos theory. The research uses a legal-normative approach. Moreover, the research will examine legal principles, systematics, and comparative law in its application. The research illustrates that deepfake accountability as artificial intelligence in online loan fraud according to international law is described in the General Recommendation on the Ethics of Artificial Intelligence by The United Nations Educational, Scientific, and Cultural Organization (UNESCO). Meanwhile, the concept of accountability in Indonesia is seen in Human Rights and Data Privacy Violations. According to chaos theory, the analysis of Deepfake’s regulatory and accountability concept in international and national law leads to inconsistencies because it is only a recommendation, yet to be integrated, and still multidimensional.

Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked country’s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.

DEEPFAKE IN ONLINE FRAUD CASES: THE HAZE OF ARTIFICIAL INTELLIGENCE'S ACCOUNTABILITY BASED ON THE INTERNATIONAL LAW Davey, Orima Melati; Sauerwein, Levin
Sriwijaya Crimen and Legal Studies Volume 1 Issue 2 December 2023
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v1i2.2654

Artificial Intelligence (AI) is the science and engineering of intelligent machines, primarily through computer programs. AI consists of processes by human intelligence simulated through machine processes and is concerned with designing, developing, and implementing computer systems. One of them is Deepfake. Deepfake is a technology that uses data as an image/photo of a personâ€™s face, which is part of personal data and potentially misused to commit crimes such as online loan fraud. The research discusses (1) the Benefits and Disadvantages of Artificial Intelligence in Human Lives, (2) the concept of accountability for deepfake artificial intelligence in online loan fraud according to international law and its application in Indonesia, and (3) the analysis of regulations and accountability of deepfake according to chaos theory. The research uses a legal-normative approach. Moreover, the research will examine legal principles, systematics, and comparative law in its application. The research illustrates that deepfake accountability as artificial intelligence in online loan fraud according to international law is described in the General Recommendation on the Ethics of Artificial Intelligence by The United Nations Educational, Scientific, and Cultural Organization (UNESCO). Meanwhile, the concept of accountability in Indonesia is seen in Human Rights and Data Privacy Violations. According to chaos theory, the analysis of Deepfakeâ€™s regulatory and accountability concept in international and national law leads to inconsistencies because it is only a recommendation, yet to be integrated, and still multidimensional.

Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i1.1226

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked countryâ€™s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.

DELAYS IN THE INTERNATIONAL SEABED AUTHORITY MINING CODE: INSIGHT FROM TWAIL AND BBNJ FRAMEWORKS Putri, Ria Wierma; Khanza, Yuga Narazua; Davey, Orima Melati; Sabatira, Febryani
Indonesia Law Review Vol. 14, No. 4
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

The International Seabed Authority (ISA) plays a crucial role in governing the vast expanses of the ocean floor that lie beyond national jurisdictions, referred to as "the Area" under the United Nations Convention on the Law of the Sea (UNCLOS). Although the ISA has established regulations for deep-sea exploration, it has encountered significant challenges in finalizing a comprehensive mining code for resource exploitation. This ongoing delay underscores the notion that legal development is often catalyzed by broader social changes. To comprehend the factors contributing to this delay, it is essential to consider the historical context of UNCLOS 1982, a framework established during a period when numerous developing nations were asserting their independence. The Third World Approaches to International Law (TWAIL) critiques highlight how international legal frameworks have frequently favored developed nations, complicating the pursuit of a just and equitable mining code. Furthermore, the recent Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, which advocates for equitable access to marine resources, poses additional challenges for the ISA. Developed nations, equipped with advanced technologies, continue to dominate deep-sea resource exploitation, exacerbating the existing technological divide, as illustrated by Indonesia's collaboration with the U.S. NOAA in 2010 to explore its marine territory. Social change typically emerges not merely from value shifts but through the resolution of conflicts that lead to new agreements. This article will attempt to understand why the ISA mining code has been delayed and what this means for international law considering the TWAIL and BBNJ approaches.

Corporation’s Liability on Illegal Dumping’s Impact on Climate Change according to the UNFCCC and its Implementation in Indonesia Patra, Elma Eddy; Aida, Melly; Bing, Jean-Baptiste; Davey, Orima Melati
JASSP Vol. 2 No. 1 (2022)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v2i1.46

Corporation illegal dumping’s impact on climate change illustrates that corporate economic crime in the environmental field (waste disposal) has a broad effect yet no significant correlation. If this correlation is adequately studied, it can contribute to enforcing legal accountability and optimizing efforts to reduce climate change. To see this correlation, it is necessary to ask whether a corporation has an economic interest that is fought for in disposing of waste irresponsibly and whether parties whose economic interests are harmed. As one of The United Nations Framework Convention on Climate Change (UNFCCC's) members, Indonesia is a country that predominantly relies on its natural resources, while climate change is very detrimental to nature. This research is normative-juridical research which uses secondary type data. Research shows that The UNFCCC does not explicitly prohibit illegal dumping, but it does specify waste management guidelines that are not hazardous to the environment or public safety. Indonesia has ratified the UNFCCC instrument by through Law No. 6 of 1999. From this ratification, Indonesia's effort to reduce illegal dumping is seen through Environmental Protection and Management Plan, Strategic Environmental Studies, and Government Regulation no. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability. The economic interest of a corporation that illegally dumps is to avoid spending money because the procedure of adequate waste management is high cost.

SDGs and Human Rights to Food: Integrating Food Security with Climate Change Sabatira, Febryani; Davey, Orima Melati; Khanza, Yuga Naura; Mirantama, Ninda
Jurnal Hubungan Internasional Indonesia Vol. 5 No. 2 (2023): JHII Oktober 2023
Publisher : Lampung Center for Global Studies (LCGS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jhii.v5i2.40

Food constitutes as the one of a fundamental need of humans and is thus regarded as a form of human rights. The right to food is recognized as a branch of human rights in Article 28H of the 1945 Constitution and the Rome Declaration through the 1996 World Food Summit. Food, as a basic human necessity, has a significant meaning and role in the life of a nation. Inability to sustain food availability to meet demand could cause economic instability. If food security is unbalanced, various social and political upheavals can occur. This critical food situation may jeopardize both economic and national stability. In this regard, Indonesia's efforts to achieve food security are hampered by a variety of crises, including environmental degradation exacerbated by climate change. Because food security is dependent on the production of agricultural products, the quality of the environment plays a significant role, making Indonesia laboriously impacted by climate change. Climate change could severely raise the number of hungers since it embodies an extreme change in weather that disrupts food production stability. Indonesia have been ignoring the real threat of climate change in many aspects including overlooks the risks of food insecurity, which results in non-fulfillment of the human right to food. In this regard, all parties must take the necessary steps to address the issue one way to approach is to implement the Sustainable Development Goals (SDGs).

Title

Found 8 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 8 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 8 Documents
Search