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All Journal JHCLS Jurnal Hukum dan Peradilan SCLS
Hattori, Mariko
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Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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The Validity of Sanctions Arrangements in Regional Regulations Astariyani, Ni Luh Gede; Hattori, Mariko; Hanum , Willy Naresta
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): 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.v4i3.313

Abstract

The principle of lower-level legislation in the hierarchy of legislation must not conflict with higher-level regulations and must be enforced. This includes regional regulations whose administrative sanction content must not deviate from higher-level regulations. This study aims to determine the validity of regional regulations in regulating the content of sanctions, the regulation of sanctions for regional head regulations that do not comply with the rules above them, and how binding they are when applied. The research method used is the normative legal method, including the approach to legislation and legal concepts. The comparative method is also used to compare this issue with Japan. The results of this study indicate that there is disharmony between regional regulations and their implementing regulations due to the lack of detailed regulations on the content of regional head regulations, which has the potential to cause deviations in the content and affect the validity of the legal product. This has a negative impact and confuses at the implementation level, especially on the content of sanctions that are not in sync with the rules above them. Meanwhile, in Japan, Japanese administrative sanctions are contained in a very structured and standardized manner to minimize inconsistencies in regulations at the regional level. Therefore, the formation of material content regarding sanctions in implementing regulations must be based on legal validity, both materially and formally.
QUESTIONING THE ROLE OF ADAT CRIMINAL LAW IN INDONESIA’S CRIMINAL CODE REFORM: A POST-KUHP 2023 PERSPECTIVE Hermanto, Bagus; Putra, Rengga Kusuma; Nugroho, Aziz Widhi; Hattori, Mariko; Yusa, I Gede; Ardani, Ni Ketut
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4727

Abstract

The enactment of Law Number 1 of 2023 concerning the New Indonesian Criminal Code (KUHP 2023) marks a significant shift in Indonesia’s legal landscape, particularly concerning the recognition and integration of Adat Criminal Law within the national legal framework. This study explores the future prospects of Indonesia’s criminal law reform, focusing on the coexistence of statutory and customary law, judicial application of adat norms, human rights considerations, local governance roles, public perception, and policy directions. Using a normative juridical approach, the research examines the legal, sociological, and political justifications for adat law recognition, its challenges in enforcement, and the implications for Indonesia’s legal pluralism. Key findings highlight the complexities of judicial discretion in applying adat law, the need for harmonization with constitutional protections, and public attitudes toward adat-based justice mechanisms. Additionally, this study proposes policy recommendations for ensuring legal certainty, judicial training, and technological advancements in adat law documentation. By addressing these challenges, Indonesia can establish a balanced legal system that respects customary traditions while aligning with national and international legal standards.
Prospects of AI Use in The Supreme Court: Comparison of Canada and Indonesia Saragih, Geofani Milthree; Ishwara, Ade Sathya Sanathana; Hutauruk, Jeremy Aprilian; Rahman, Mohamad Juliandri; Hattori, Mariko
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.
Co-Authors Ardani, Ni Ketut Hanum , Willy Naresta Hermanto, Bagus Hutauruk, Jeremy Aprilian I Gede Yusa Ishwara, Ade Sathya Sanathana Ni Luh Gede Astariyani Nugroho, Aziz Widhi Putra, Rengga Kusuma Rahman, Mohamad Juliandri Saragih, Geofani Milthree