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All Journal Jurnal Media Hukum Jurnal Ilmiah Hukum LEGALITY Jambe Law Journal JHCLS Proceedings Series on Social Sciences & Humanities Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies)
Ismail, Noorfajri
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Digital transformation: creating an effective and efficient court in Indonesia Amarini, Indriati; Saefudin, Yusuf; Kartini, Ika Ariani; Marsitiningsih, Marsitiningsih; Ismail, Noorfajri
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.28013

Abstract

This article discusses digital transformation as an effective and efficient paradigm in court services in Indonesia. The Supreme Court has used digital transformation in court administration by developing an electronic court system or e-Court since 2018. However, procedural law has no legal basis related to electronic trials. The development of online dispute resolution is very fast, while procedural principles regarding due process and neutrality must remain the court's main task. In addition, establishing Internet courts involves three fundamental legal ethical principles: restoring the ceremonial aspects of litigation and creating risk management mechanisms between the legal and technological systems. This study aims to analyze the court's efforts to create an effective and efficient trial in Indonesia. A normative legal method was employed, incorporating various approaches such as the statute, conceptual, and comparative approaches. The research results show that the digital transformation policy was incorporated into the 2010-2035 blueprint of the Supreme Court of the Republic of Indonesia, which has brought about the need to accelerate digital transformation in the justice system. Settlement of civil disputes is carried out using an electronic court (e-court) application with an electronic litigation (e-litigation) mechanism. Meanwhile, the criminal trial was conducted through teleconference media. Still, they have encountered obstacles: limited facilities and infrastructure in conducting the trial, such as internet stability in various regions and limited courtrooms with electronic trial equipment. Need to improve infrastructure and improve the quality of human resources.
Regulating Fake News and Hoaxes: A Comparative Analysis of Indonesia and Malaysia Supanto, Supanto; Saefudin, Yusuf; Ismail, Noorfajri; Susanti, Rahtami; Adi, Lutfhi Kalbu
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.113

Abstract

Indonesia and Malaysia already have regulations prohibiting the spreading of fake news and hoaxes. However, the critical question is whether these regulations can tackle the spread of fake news and hoaxes, considering their detrimental impact on the economy and reputation. This is aimed at comprehensively understanding the legal framework in both countries. This research was designed using the normative juridical method. The approaches used are statutory approach, conceptual approach, and comparative approach. The result show Indonesia's penal policy was recently created by passing a new Criminal Code. It seeks to protect public order, public welfare, and democratic values, emphasizing a balance between freedom of speech and combating the adverse effects of hoax and fake news. Meanwhile, Malaysia employs regulatory measures through the Communication and Multimedia Content Forum, relying on voluntary compliance and cooperation from various stakeholders. Looking ahead, emerging technologies and methodologies in digital forensics offer promise for more effective means of identifying the origins of fake news
Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code Amarini, Indriati; Samhudi, Gamalel Rifqi; Mukarromah, Safitri; Ismail, Noorfajri; Saefudin, Yusuf
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.20655

Abstract

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials
Evaluation of Legal Aid Service Quality and Supervision in Indonesia and Malaysia Tri Utami, Nurani Ajeng; Raharjo, Agus; Prayitno, Kuat Puji; Wahyudi, Setya; Bintoro, Rahadi Wasi; Ismail, NoorFajri
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.502

Abstract

In Indonesia's justice system, the poor are a marginalized group whose economic hardships hinder the ability to understand legal information and access legal services. To address this issue, Indonesia initiated a state-funded Legal Aid Program in 2011 leading to a surge of accreditation applications from Legal Aid Organizations (OBHs) seeking access to the funding. Therefore, this research aimed to examine the quality of legal aid services provided by state-funded OBH and to propose an ideal model for monitoring the quality of the services. A conceptual and comparative approach to relevant regulations was used and supported by primary data from interviews with Legal Aid Extension Officers at the Ministry of Law and Human Rights as well as Advocates affiliated with the organizations. The results showed that the quality of legal aid services in Indonesia remained poor due to the indication of double funding where both the Ministry and Regional Governments allocated budgets for the same services. Additionally, some OBH advocates still charge service fees and failed to provide assistance according to the service standards. Malaysia's legal aid system also showed better quality management as it integrated both state and private sector participation while assigning the assessment of legal aid eligibility to the Director of Legal Aid rather than the service-providing organizations. This approach led to more accurate implementation and better oversight. Furthermore, the research found an urgent need for integrated supervision of legal aid services in Indonesia, along with strict sanctions for both OBH and advocates who violated service standards. Malaysia’s firm approach to monitoring and eligibility determination served as a model worth considering.
Effective and Efficient Dispute Resolution Through Optimation of Court Connected Mediation Amarini, Indriati; Ismail, Noorfajri; Wati, Ratna Kartika; Marsitiningsih, Marsitiningsih; Kartini, Ika Ariani
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.908

Abstract

The judiciary is a mechanism provided by the state to resolve disputes. However in practice, dispute resolution in court is not in accordance with the principles of justice, namely effective and efficient judicial institutions. This research aims to analyze the legality and development of mediation in court. The research method used is library research with secondary data sources in the form of laws and regulations, research results and literature. One of the progressive ideas of the Supreme Court of the Republic of Indonesia in order to realize effective and efficient courts, among others, is to strengthen the institution of mediation in the Court for the settlement of civil disputes. However, it seems that the efforts of the Supreme Court institutions need to be further refined through improving the quality and quantity of human resources, improving supporting infrastructure and court institutions are consistent in supporting the mediation development programs in the Court.
Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court Amarini, Indriati; Ismail, Noorfajri; Saefudin, Yusuf; Attamimi, Zeehan Fuad; Hidayah, Astika Nurul
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4632

Abstract

This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This research aims to analyze the development and implementation of mediation in settlement of public disputes in Administrative Courts. The research method used is doctrinal research or library research with secondary data sources in the form of legislation on Administrative Courts, Supreme Court regulations on mediation, and scientific journals of research results. The results showed that mediation in public dispute resolution is used as an alternative to dispute resolution and has long been applied in several countries. Mediation in administrative dispute resolution can be carried out in two ways. First, mediation can be carried out outside the Administrative Court, and then the lawsuit is revoked. Second, mediation can be carried out through Court-connected mediation in the Administrative Court. There is a need to develop and strengthen the application of Court-connected mediation for administrative dispute resolution from the aspects of procedural law and Administrative Court resources that support the mediation process.
The Legal Position of Digital Forensic Experts in the Settlement of Information Technology Crime Cases Amarini, Indriati; Cahyadri, Rizky Aulia; Fitriani, Maulida Ayu; Ismail, Noorfajri
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.2952

Abstract

Digital forensic expert testimony is required by judges to resolve cases related to information technology. However, there are allegations of violations committed by certain parties on several servers such as illegal access, configuration changes, and shutdowns. This is increased by the destruction of crime scene and digital evidence.  In some cases, analyzing the data collected can be time-consuming, and practical understanding is needed by judges to avoid irrelevant questions for digital forensic experts in court. Therefore, this research aims to determine and analyze forensic digital experts in court hearings, the duties and roles of judges in resolving information and technology cases as well as the position of forensic experts in the judicial process. The doctrinal research is sourced from secondary data in the form of Electronic Information and Transaction laws, criminal procedure laws, research reports, books, and scientific journals. The results show that digital forensics expert testimony is needed to assist judges as gatekeepers in obtaining material truth. Practical digital forensic knowledge is used to increase the efficiency of case examination time by avoiding irrelevant questions. Best practices are used in the actions, procedures, handling, and analysis of electronic evidence as well as digital forensic expert testimony in judicial practice.
Reassessing Functional Differentiation and Dominus Litis Under Indonesia’s New Criminal Procedure Code Huda, Chairul; Yulia, Rena; Romdoni, Muhamad; Saefudin, Yusuf; Ismail, Noorfajri
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/ymmfk139

Abstract

The enactment of Indonesia’s Criminal Procedure Code 2025 (KUHAP 2025) marks the strengthening of the integrated criminal justice system, positioning the principle of functional differentiation as a primary tenet in the administration of criminal proceedings. Under its provisions, KUHAP 2025 clearly defines the authority of law enforcement institutions, ensuring that their respective functions are not encroached upon. However, the principle of dominus litis still places the prosecutor as the controller of the case, raising questions regarding the boundaries of authority between the fact-finding process conducted by investigators and the assessment of the appropriateness of prosecution. This study focuses on how the limits of investigative and prosecutorial authority within the KUHAP 2025 should be understood proportionally to ensure that the application of dominus litis does not obscure the neutrality of investigations. Clarifying these functional boundaries is essential to prevent the integrated criminal justice system from collapsing into one that conflates authorities, but functions as a cooperative framework that preserves objectivity in uncovering the truth. The study relies on the perspective of the KUHAP 2025, which promotes integration in the criminal justice system by differentiating – not unifying – authorities, allowing functions to complement and supervise one another. By distinguishing investigation as the discovery of factual guilt and prosecution as the evaluation of legal guilt, this research shows that functional differentiation and dominus litis are not opposing principles. Rather, they constitute complementary concepts necessary to avoid overlapping authorities in law enforcement practice.
Co-Authors Adi, Lutfhi Kalbu Agus Raharjo Attamimi, Zeehan Fuad Cahyadri, Rizky Aulia Chairul Huda, Chairul Fitriani, Maulida Ayu Hidayah, Astika Nurul Indriati Amarini Kartini, Ika Ariani Kuat Puji Prayitno Marsitiningsih, Marsitiningsih Muhamad Romdoni Mukarromah, Safitri Rahadi Wasi Bintoro Rahtami Susanti Ratna Kartika Wati Rena Yulia Saefudin, Yusuf Samhudi, Gamalel Rifqi Setya Wahyudi Supanto Supanto Utami, Nurani Ajeng Tri