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All Journal Jurnal Hukum Legalita AHKAM : Jurnal Hukum Islam dan Humaniora Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Moh. Lubsi Tuqo Romadhan
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hak Pendidikan bagi Pekerja Migran dalam Dinamika Globalisasi: Analisis Hukum Internasional dan Realitas Sosial Afriansyah Tanjung; Dinda Riskanita; Maela Khoirul Ummah; Moh. Lubsi Tuqo Romadhan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study examines the rights to freedom of association and education for Indonesian migrant workers (PMI) within international and domestic (Hong Kong and Indonesia) legal frameworks. The research questions focus on how legal norms regulate these rights and the structural, cultural, and legal barriers faced by PMI. An empirical legal approach combines legislative analysis (UDHR Article 26, ICESCR Articles 13-14, ICMW Article 43, and Hong Kong local regulations) with a case study of PMI experiences. Primary data were collected from interviews with PMI, diaspora communities, and NGOs, while secondary data came from legal documents and reports. Descriptive qualitative analysis reveals that, despite international norms guaranteeing education rights, PMI face exploitation, long working hours, and limited employer support, restricting access. The Open University program offers opportunities, but success depends on individual initiative and community support. Collaboration between governments and NGOs is essential for inclusive education access.
Penyelesaian Sengketa Jasa Konstruksi Melalui Jalur Non-Litigasi Ummah, Maela Khoirul; Afriansyah Tanjung; Moh. Lubsi Tuqo Romadhan
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2083

Abstract

This study examines the mechanisms for resolving construction service disputes through non-litigation channels as an alternative to court proceedings. The focus of the study is on out-of-court settlements that offer a voluntary, informal, cost-effective, and time-efficient approach, making them the preferred choice for disputing parties. The research questions include: first, what are the mechanisms and procedures for resolving construction service disputes through non-litigation channels; second, what are the comparative advantages of non-litigation dispute resolution compared to the court process. This study uses a normative juridical method, relying on secondary data as the primary source, analyzed descriptively and analytically through an approach based on relevant laws and regulations in the construction services sector. The results of the study show that non-litigation channels are highly preferred among construction industry players due to the significant advantages they offer. These advantages include: a fast and efficient resolution process that does not hinder construction projects; confidentiality guarantees that protect the parties' reputations; the appointment of mediators or arbitrators with integrity and technical expertise in construction; as well as the potential to achieve a win-win solution that maintains long-term business relationships among the parties. These findings confirm that non-litigation mechanisms such as negotiation, mediation, conciliation, and arbitration provide practical added value in resolving construction disputes compared to conventional litigation processes, which tend to be time-consuming, costly, and adversarial.
Urgensi Pembaruan Hukum Pidana terhadap Tindak Pidana Siber Berbasis Kecerdasan Buatan (Artificial Intelligence) di Indonesia Fajar Hadi; Moh. Lubsi Tuqo Romadhan
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11373

Abstract

Although corporate liability has received attention in various studies, research specifically deconstructing the theory of fault arising from the autonomization of artificial intelligence (Artificial Intelligence/AI) through an Islamic legal theology approach remains limited. This study aims to analyze the weaknesses of Indonesian criminal law in responding to AI-based cybercrime and to formulate directions for its reform. This study employed a qualitative approach with a normative juridical design that examined selected legal and policy documents through purposive literature searching. Data were collected through the documentation of legal materials and analyzed using content analysis and teleological interpretation. The findings showed that the doctrine of derived intent under Article 49 of the Criminal Code (KUHP) has reached an impasse because it is unable to encompass autonomous machine actions (emergent behavior) and has the potential to generate automation bias and problems related to algorithmic opacity (black box). These findings strengthen the development of corporate liability theory and broaden the understanding of AI governance in criminal law. This study concludes that the doctrine of fault needs to be reconstructed into structural fault based on corporate culture (corporate culture liability) and grounded in Qur’anic ethics. Theoretically, this study contributes to the development of the literature on cyber law and corporate liability, while practically, its findings can serve as a foundation for the Government, DPR, Polri, and Komdigi in formulating regulations concerning AI due diligence obligations and algorithmic audits. Future research should develop empirical sociolegal studies on the technological competence of law enforcement officers in handling AI-based cybercrime.
Co-Authors Dinda Riskanita Fajar Hadi Tanjung, Afriansyah Ummah, Maela Khoirul