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All Journal Jurnal Syntax Transformation Sharia Oikonomia Law Journal JURNAL RETENTUM
Maria, Indri
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Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Artificial Intelligence Governance Strategy in the Indonesian Regulation System, Offensive or Defensive? Maria, Indri; Riswadi, Riswadi
Sharia Oikonomia Law Journal Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v2i4.1643

Abstract

The Indonesian government unveiled its National Strategy on Artificial Intelligence (AI) in 2020, known as “Strategi Nasional Kecerdasan Artifisial”. This comprehensive plan addresses various aspects of AI, including ethical considerations, policy frameworks, workforce development, data ecosystems, and infrastructure for AI advancement. It’s important to note, however, that National Strategy serves as a guiding policy document rather than a legally enforceable set of regulations. However, this does not mean that the Indonesian government is absent from regulating AI technology. In Indonesia, there are currently applicable regulations relating to the use of AI, although not directly confronting AI Technology. This qualitative journal aimed to analyze comparative strategies for drafting government regulations in the era of Artificial Intelligence. This journal was prepared using a normative approach, with laws and other valid legal bases as sources. The data for writing this article were obtained from a document or library study by studying and analyzing library materials and related regulations related to research problems. In conclusion, we will compare offensive strategies that focus on driving positive outcomes, such as increased opportunity and profitability, and defensive strategies that aim to prevent negative outcomes and reduce risks. The government can develop a comprehensive strategy that enables both offensive and defensive objectives or choose between offensive and defensive strategies.
Ketidakpastian Hukum Terhadap Penundaan Eksekusi Pidana Mati Vic S., Binsar Jon; Rusman, Rusman; Margaretha Tjhia, Kimico; Maria, Indri
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5386

Abstract

This study aims to examine the legal uncertainty that occurs during the waiting period for the execution of the death penalty, which is an important issue in the Indonesian criminal justice system. This study highlights the urgency of clearer and more comprehensive legal regulations to address the legal vacuum related to the execution waiting period limit which is not regulated in detail in Article 98 of Law No. 1 of 2023 concerning the Criminal Code (KUHP). The uncertainty in this waiting period leads to unauthorized delays and has the potential to disrupt the basic principles of punishment, such as legal certainty, justice, and the effectiveness of the deterrent effect. Through a normative legal approach, this study provides a solution to the legal vacuum by suggesting an update or revision to Article 98 which can regulate in detail the procedures for implementing the death penalty and its waiting period, with the aim of ensuring fair and efficient implementation in accordance with the principles of a state of law based on the 1945 Constitution and applicable legal norms.
Case Study of Studio Ghibli VS Open AI for the Proposed Revision of Indonesia Law Number 28 of 2014 Concerning Copyright Maria, Indri; Fakrulloh, Zudan Arief
Jurnal Syntax Transformation Vol 6 No 7 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i7.1087

Abstract

The rise of generative artificial intelligence (AI) tools that transform photos into illustrations inspired by Japan’s Studio Ghibli style has ignited debates about the protection of art styles under copyright law. This situation has prompted concerns over whether Studio Ghibli could take legal action against OpenAI for issues like false advertising, trademark infringement, or unfair competition, particularly regarding the use of Ghibli’s copyrighted works in training AI models. While the Ghibli case does not directly apply to Indonesia, it raises questions about how Indonesian law could protect local artists in similar circumstances. This research aims to analyze comparative strategies for drafting government regulations in response to the challenges posed by AI, focusing on Indonesian copyright law. A normative legal approach is used, relying on library research to examine relevant legal sources and regulations. The study identifies potential gaps in current Indonesian copyright protections for digital creations influenced by AI. In conclusion, it offers recommendations for adapting Indonesian law to safeguard the rights of artists in the age of AI, drawing lessons from international cases like Studio Ghibli vs. Open AI.
Co-Authors Fakrulloh, Zudan Arief Margaretha Tjhia, Kimico Riswadi Riswadi, Riswadi Rusman Rusman Vic S., Binsar Jon