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All Journal Journal of Comprehensive Science Edunity: Kajian Ilmu Sosial dan Pendidikan Journal Research of Social Science, Economics, and Management Jurnal Pendidikan Indonesia (Japendi) JUDGE: Jurnal Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan Sultan Adam : Jurnal Hukum dan Sosial Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean
Zainal Arifin Hoesein
Universitas Borobudur
Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Pembaruan Hukum di Era Digital: Aspek Hukum terhadap Validitas Hasil Analisis Artificial Intelligence Sebagai Alat Bukti Dalam Penegakan Hukum Pidana Pertambangan Safriansyah Yanwar Rosyadi; Zainal Arifin Hoesein
Judge : Jurnal Hukum Vol. 6 No. 03 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i03.1569

Abstract

Pemanfaatan artificial intelligence untuk membuktikan kejahatan pertambangan yang kompleks menghadapi tantangan yuridis fundamental. Penelitian hukum normatif ini menganalisis konflik antara potensi AI dengan sistem pembuktian limitatif dalam Kitab Undang-Undang Hukum Acara Pidana (KUHAP). Fenomena "kotak hitam" AI secara inheren bertentangan dengan prinsip keyakinan hakim yang rasional. Penelitian ini mengidentifikasi adanya kekosongan hukum (rechtsvacuüm) mengenai prosedur validasi. Dengan pendekatan perbandingan, dirumuskan konstruksi hukum baru mengenai kriteria admisibilitas dan validitas substansial bukti AI untuk menjamin kepastian hukum dan keadilan prosedural.
Implementasi Sosiologi Hukum di Masyarakat Dalam Pengguna Media Sosial Adillah Yuswanti; Zainal Arifin Hoesein
Judge : Jurnal Hukum Vol. 6 No. 03 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i03.1570

Abstract

Media sosial, sebagai ruang interaksi sosial virtual, memberikan kemudahan dalam penyebaran informasi serta sarana ekspresi individual, namun juga membuka ruang bagi penyalahgunaan yang berimplikasi hukum, seperti penyebaran hoaks, ujaran kebencian, dan pencemaran nama baik. Dalam kerangka sosiologi hukum, hukum tidak hanya dipandang sebagai norma tertulis, melainkan sebagai produk sosial yang harus responsif terhadap perubahan sosial. Penelitian ini menyoroti peran Undang-Undang Nomor 19 Tahun 2016 sebagai revisi dari Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UU ITE) dalam menata perilaku digital masyarakat. Analisis menunjukkan bahwa meskipun UU ITE berperan penting dalam menjaga ketertiban digital, beberapa pasal di dalamnya bersifat multitafsir dan berpotensi membatasi kebebasan berekspresi. Oleh karena itu, diperlukan penegakan hukum yang proporsional serta peningkatan literasi digital masyarakat agar tercipta ruang digital yang sehat dan bertanggung jawab.
Legal Politics of Ex-Convicts in Contesting Regional Head Elections Adi Purnomo Santoso; Zainal Arifin Hoesein
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1635

Abstract

The regulation of ex-convicts’ political rights in legislative and executive elections has historically prohibited those sentenced to five years or more imprisonment from running for office. This legal framework has undergone significant changes following the Constitutional Court Decision Number 42/PUU-XIII/2015. To analyze the legal politics surrounding ex-convicts’ participation in regional head elections and examine the implications of the Constitutional Court’s decision on their political rights. This study employs a normative legal research methodology, analyzing relevant legislation, Constitutional Court decisions, and public response to changes in electoral regulations regarding ex-convicts’ participation. The Constitutional Court Decision Number 42/PUU-XIII/2015 declared the blanket ban on ex-convicts unconstitutional, allowing their participation provided they publicly disclose their status. This decision was subsequently incorporated into Law Number 7/2017 on Elections. However, significant public opposition to ex-convicts’ participation in elections persists despite these legal reforms. While legal reforms have expanded ex-convicts’ political rights through conditional participation in elections, there remains a notable disconnect between legal developments and public sentiment regarding ex-convicts’ electoral participation.
Recovery of State Losses from Corruption Proceeds Dannie Chaeruddin; Zainal Arifin Hoesein
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1636

Abstract

Corruption cases in Indonesia have become a focal point of public concern, involving individuals from diverse professional backgrounds, including judges, prosecutors, police officers, legislators, and businesspeople. These crimes result in significant financial losses for the state. The urgency of establishing an effective mechanism to recover state losses from corruption has become increasingly apparent. This study aims to explore the mechanisms and strategies necessary for the recovery of state losses resulting from corruption, whether committed by individuals or corporations. Utilizing a qualitative research method with a focus on legal and economic analysis, the study examines current practices and their effectiveness in recovering state assets. The findings indicate that existing mechanisms only recover 10-15 percent of the total corrupted funds, highlighting significant inefficiencies in the system. The study concludes that comprehensive reforms, including the strengthening of legal frameworks, enhanced inter-agency collaboration, and public awareness, are imperative to improve recovery rates and deter corruption. Addressing these issues is essential to safeguarding public funds and restoring trust in the legal system.
The Position of Bankruptcy Law and PKPU As a Legal Protection for Concurrent Creditors Adolf Theodore B. Simanjuntak; Zainal Arifin Hoesein
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1637

Abstract

The monetary crisis that hit almost all parts of the world in mid-1997 has devastated the joints of the economy. To overcome the problems that arise in the world of businesses that go bankrupt and will result in the fulfillment of obligations that are due, the government made changes in the legislation by revising the existing Bankruptcy Law. The system used in the amendment of the Bankruptcy Law is not to make total changes, but only to change certain articles that need to be changed and add various new provisions to the existing Law. With the development of time in this case, it is necessary to change the Law by improving, adding, and eliminating provisions that are no longer in accordance with the needs and legal developments in society, so the idea arose to change the existing Law into Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The result of this research is that in principle, concurrent creditors also have the same position as other creditors on the debtor's bankruptcy assets, both existing and future, after previously deducting debt payment obligations to creditors holding security rights and creditors with special rights holders professionally according to the ratio of the number of receivables of each concurrent creditor.
Optimization of Health Service Facilities Through Intelligence Artificial Viewed from the Legal Perspective of Positivism Abidin Fikri; Zainal Arifin Hoesein
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i5.1751

Abstract

Background. The use of Artificial Intelligence (AI) in Indonesia's healthcare sector presents an innovative solution to address challenges such as limited healthcare facilities and a shortage of medical personnel. In line with Article 4, Paragraph (1), letter c of Law No. 17 of 2023, every individual has the right to receive safe, quality, and affordable healthcare services. For AI to be successfully integrated into healthcare, it must align with legal principles based on positivism, with clear regulations to ensure accountability, security, and the quality of services provided. Purpose. This study aims to analyze the role of AI in optimizing healthcare facilities and improving the performance of medical personnel in Indonesia, while also exploring the legal challenges that arise in the use of AI in healthcare from the perspective of positivist law. Method. This research adopts a normative juridical approach, utilizing both a legislative approach and an analytical approach. The study examines relevant legal frameworks and regulations, analyzing how AI is incorporated into healthcare and the legal issues surrounding its use. Results. The study finds that AI plays a significant role in improving the efficiency of healthcare facilities and the performance of medical personnel in Indonesia. AI enhances diagnostic speed, reduces workloads, and improves service quality, especially in regions with a shortage of medical personnel. However, the study also identifies significant legal challenges, including issues related to accountability, patient data protection, and technical standards. Currently, the regulations governing these aspects are inadequate. Conclusion. AI has significant potential to optimize healthcare facilities and improve medical personnel performance in Indonesia. However, from the perspective of positivist law, clear and comprehensive regulations are necessary to address challenges related to accountability, data protection, and technology security. These regulations are crucial to ensure legal certainty and protection for all stakeholders involved in the healthcare system.
The Position of Agreements and Arbitration Awards as A Legal Protection in Out-Of-Court Dispute Resolution Adolf Theodore B. Simanjuntak; Zainal Arifin Hoesein
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1836

Abstract

Background. In the era of globalization, the speed of economic activities fosters free markets and intense competition. Agreements play a crucial role in facilitating transactions, but disputes often arise due to differing interpretations or alleged breaches. Resolving these disputes efficiently and justly is essential to maintain trust and economic stability. Purpose. This research aims to determine the legal certainty and position of arbitration awards as a means of legal protection in out-of-court dispute resolution. Method. The study employs normative legal research with a focus on statutory and conceptual approaches. It analyzes laws and regulations related to arbitration, particularly Article 60 and Article 70 of the Arbitration Law. Results. Arbitration awards, as regulated in Article 60, are considered final, binding, and have permanent legal force. However, Article 70 allows parties to challenge arbitration awards by filing annulment requests, which undermines their finality. This duality creates ambiguity in the enforcement of arbitration awards. Conclusion. Although arbitration awards are designed to be final and binding, the provision for annulment in Article 70 diminishes their definitive status. Legal reforms are needed to enhance the finality of arbitration awards to strengthen their role in dispute resolution.
The Role of the Board of Directors in the Bankruptcy Process of Individual Companies: Analysis of Positivism with an Artificial Intelligence Approach Wahyu Widodo; Zainal Arifin Hoesein
Journal Research of Social Science, Economics, and Management Vol. 4 No. 4 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i4.745

Abstract

The Job Creation Law and Government Regulation No. 8 of 2021 introduces an individual company owned by one individual. This can confuse personal and corporate interests and obscure responsibilities between directors and shareholders and is vulnerable the risk of bankruptcy. Analyzing the role of directors in the bankruptcy process through legal positivism is important to understand legal responsibilities and protections. Additionally, advances in artificial intelligence (AI) can improve decision-making efficiency and accuracy. The purpose of this study is to identify and analyze the role of directors in the bankruptcy process individual companies through the lens of positivism, as well as to explore the integration of artificial intelligence in improving board decision-making. The research method used is normative juridical, using a legislative approach and an analytical approach. The results of the study show that the board of directors has an important role in managing the bankruptcy process, especially in data-driven decision-making. In the event of bankruptcy, the board of directors faces certain legal consequences in accordance with Articles 16, 69 paragraphs (1), 97, and 104 of Law No. 37 of 2004 concerning Bankruptcy, as well as Article 93 of Law No. 40 of 2007 concerning Limited Liability Companies. Artificial intelligence has been proven help directors in analyzing risks and predicting outcomes, making decisions more informative and strategic. This study concludes that the application of positivism and artificial intelligence in the analysis of the role of directors in the bankruptcy process improves the effectiveness and efficiency of decision-making, especially in complex situations.
The Application of Artificial Intelligence in Enhancing Legal Protection for Patients in Dental Practice: A Positivist Perspective Rika Noviantini; Zainal Arifin Hoesein
Journal Research of Social Science, Economics, and Management Vol. 4 No. 4 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i4.748

Abstract

Legal protection for patients in dental practice is becoming increasingly important with advancements in technology, including artificial intelligence. Positivism provides a framework for analyzing this protection, as outlined in Article 276 of Law Number 17 of 2023 concerning Health, which guarantees patients' right to complete information regarding their health condition and the medical procedures to be performed. However, challenges in implementing regulations often arise, particularly regarding the lack of clarity in the information provided by dentists to patients. The purpose of this study is to analyze the application of artificial intelligence in enhancing legal protection for patients in dental practice, as well as to explore legal protections for patients in dental practice from a positivist perspective. The research method used is normative juridical, using a statutory approach and an analytical approach. The research findings indicate that the application of AI in dentistry enhances legal protection for patients by improving diagnostic accuracy and reducing medical errors. AI also supports better data management and decision-making while increasing transparency and accountability. From a positivist perspective, the emphasis on clear regulations is crucial for protecting patients' rights, ensuring that AI not only improves service quality but also strengthens legal protection. The application of artificial intelligence in dental practice can enhance legal protection for patients by improving service quality and reducing the risk of medical errors. From a positivist perspective, the use of this technology aligns with legal principles aimed at protecting patients' rights and ensuring justice in medical practices.
Legal Reform to Address the Regulatory Gap on Deepfakes as a Digital Manipulation Tool that Threatens Civil Rights Based on a Legal Philosophy Perspective Yovid; I Made Juni Artawan; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2210

Abstract

Advances in artificial intelligence (AI) technology have given rise to deepfake technology, which is capable of realistically manipulating images, videos, and audio, thereby posing a potential threat to the civil rights of the public. The misuse of deepfakes can result in violations of the rights to privacy, personal identity, good name, reputation, and economic rights regarding one’s own image. The primary issue faced is the absence of specific regulations regarding deepfakes within the Indonesian legal system, resulting in a legal vacuum (rechtvacuum) and legal uncertainty (rechtsonzekerheid). This study aims to analyze the legal issues surrounding the use of deepfakes, examine the regulatory gaps in the Indonesian legal system, and formulate legal reforms based on a legal philosophy perspective. The research method employed is normative legal research using a statutory approach and a conceptual approach. The results of the study indicate that the provisions in the Electronic Information and Transactions Law, the Personal Data Protection Law, the Copyright Law, and the Civil Code have not been able to provide comprehensive protection against the misuse of deepfakes. Legal reform is necessary through the establishment of specific regulations governing definitions, legal liability, takedown mechanisms, and the restoration of victims’ rights to achieve justice, legal certainty, and public interest.
Co-Authors Abidin Fikri Adi Purnomo Santoso Adillah Yuswanti Adolf Theodore B. Simanjuntak Agusra Yendri Andin Wisnu Sudibyo Aziz Imam Hanafi Cepi Hendrayani Chitto Cumbhadrika Dannie Chaeruddin Dicki Agri Kurniawan Hendro Widodo I Made Juni Artawan Ismu Bahaiduri Febri Kurnia Kartika Kartika Kartika Ridwan Anthony Taufan Rika Noviantini Rommy Sebastian Ruddy Ricardo Rompas Rusdi Safriansyah Yanwar Rosyadi Selviana Teras Widy Rahayu Wahyu Widodo Yovid Yudi Bintoro