Ichsan Sjuhudi
Universitas pekalongan

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Legal Politics In Realizing Social Justice In The Era Of Regional Autonomy Ichsan Sjuhudi; Loso Judijanto; Resma Bintani Gustaliza
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rdapkx20

Abstract

Legal politics plays a strategic role in realizing social justice in Indonesia, especially in the context of regional autonomy which aims to reduce social inequality. This research examines legal politics in Indonesia with a focus on the implementation of regional autonomy policies and their role in realizing social justice. Based on an analysis of Law No. 23 of 2014 on Regional Government, Law No. 33 of 2004 on Fiscal Balance, as well as data from various institutions, this research finds that although decentralization policies aim to strengthen equitable development, in practice, they often accommodate elite interests and exacerbate inequality. In addition, weak oversight of local financial management, low accountability, and unfairness in budget distribution are factors that exacerbate social inequality. Therefore, this study recommends strengthening the capacity of regions to plan development based on local needs as well as reforms in budget allocations that are more proactive for disadvantaged regions. Legal politics should be directed towards policies that support transparency, accountability and community empowerment to achieve the goal of equitable development. This research is expected to contribute to the development of more equitable and inclusive legal policies in the era of regional autonomy.
Implementation of Restorative Justice in the New Criminal Code: A Normative Analysis of Criminal Case Resolution Henny Saida Flora; Taqyuddin Kadir; Ichsan Sjuhudi
Journal of Strafvordering Indonesian Vol. 3 No. 2 (2026): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aqeqd667

Abstract

This study examines the application of the restorative justice approach in the New Criminal Code (KUHP) enacted through Law Number 1 of 2023. The background of this study is the increasing need for a more humane and effective criminal case resolution system that simultaneously takes into account the interests of victims, perpetrators, and the community. The New Criminal Code brings a significant paradigmatic shift by integrating the principles of restorative justice into Indonesian positive legal norms. The research method used is normative legal research with a statute approach, a conceptual approach, and a comparative approach. The results show that the New Criminal Code explicitly accommodates the principle of restorative justice through several provisions, including: the regulation of recovery-oriented sentencing objectives (Article 54), a settlement mechanism outside the judicial process (Article 70), and provisions on supervisory punishment and rehabilitative measures. However, its implementation faces a number of normative challenges, including the lack of comprehensive technical regulations, limited institutional capacity, and the need for harmonization with other laws and regulations. This study recommends the development of detailed implementing regulations, strengthening the capacity of law enforcement officials, and developing an institutional infrastructure that supports the optimal implementation of restorative justice in the Indonesian criminal justice system.
Artificial Intelligence and Legal Accountability: Challenges for Modern Legal System Henny Saida Flora; Darsis Humah; Ichsan Sjuhudi
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/tngf9q93

Abstract

The rapid diffusion of artificial intelligence (AI) into judicial administration, notarial practice, law enforcement, and financial services has exposed a structural gap between the autonomous, opaque, and self-learning character of algorithmic systems and the anthropocentric assumptions embedded in classical doctrines of legal responsibility. This article examines the extent to which fault-based liability, strict liability, and vicarious liability doctrines remain adequate to address harm generated by AI systems, and evaluates comparative regulatory responses in the European Union, the United States, Singapore, and Indonesia. Employing normative legal research through statutory, comparative, and conceptual approaches, this study finds that existing Indonesian instruments principally the Electronic Information and Transactions Law and the Personal Data Protection Law regulate AI only tangentially and leave algorithmic accountability, auditability, and causation largely unaddressed. By contrast, the European Union's risk-based Artificial Intelligence Act imposes graduated obligations of transparency and human oversight according to risk classification. The article argues for a hybrid accountability model combining risk-tiered liability rules, mandatory algorithmic auditing, statutory human-in-the-loop requirements for high-risk systems, and a dedicated compensation mechanism, as a normative foundation for future Indonesian AI legislation