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All Journal Brawijaya Law Journal : Journal of Legal Studies PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Sibarani, William Edward
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Law, Crime, Criminology & Criminal Justice

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Modern Justice: Indonesia’s Supreme Court’s Challenges to Uphold Fair Trial Principles Through Digitalization Sibarani, William Edward
Brawijaya Law Journal Vol. 10 No. 1 (2023): The Discourse of Civil and Political Rights in Theory and Practice
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.01.07

Abstract

As we have seen, it is essential to widen digitization in order to bestow better access to public information contained in Indonesian courts for a variety of purposes. Court modernization through digitization benefits not only the judges but also both attorneys and litigants. To this end, Indonesia’s Supreme Court has progressed above and beyond to embody the principle of equality before the law by integrating technological development into the judicial process with. In fact, qualified policies do not always govern the implementation of technology, resulting in discrepancies between policy and implementation. Using a statutory, case, and historical approach, these article will assess whether it is reasonable and efficient to adopt this technology in Indonesian courts. Qualified implementing regulations and tiered socialization have not been utilized in the judicial context to support law enforcement’s readiness to carry out the judicial process electronically. This article further addresses the safety of personal and judicial data, and the security of electronic court proceedings, bearing in mind that applications of information technology should be considerate of the community’s need for access to justice as well as the court’s interests in preserving its authority. Nonetheless, given that technology has already been implemented to enhance access, a variety of actions aimed at bolstering both policy issuance and reforming the technological infrastructure will encourage the court to conduct trials in a safe and sound manner.
Quasi-Contract: A Comparative Analysis Between the United States of America and Indonesia Sibarani, William Edward; Puspaningsih, Utami; Stefanie, Clarita
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 2 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Since the Roman era, there has been a general consensus that no one should prosper at the expense of another. However, the development of variations in legal systems in the world means that many countries must continue to adapt to this situation to avoid legal loopholes. In certain situations, the complexity of obligations in society causes quasi-contracts to occur. As a country that follows the civil law constitutional framework, Indonesia still encounters difficulties in handling quasi-contract disputes, not only due to the absence of written regulations but also because previous court decisions do not bind Indonesia. In contrast, in the United States of America, the creation of law occurs through court decisions. However, this study also aims to deliver insight into the legal systems' orientations in those two nations and how they relate to restorative justice. Hence, the author will discuss how quasi-contract problems are resolved by explaining the comparison between the two legal systems. This study uses a comparative juridical method to analyze the judgment practices on quasi-contracts between the United States of America and Indonesia and recommends the urgency of issuing regulations to address these disputes.
Co-Authors Puspaningsih, Utami Stefanie, Clarita