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Azizan, Akmal
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Reforming Legal Decision-Making: A Study of Hindsight Bias on Judicial Impartiality Zahra, Salma; Azizan, Akmal; Sophia, Sally; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.447-482

Abstract

Legal decision-making is heavily influenced by cognitive processes like memory and judgment, which are vulnerable to biases such as false autobiographical memories, hindsight bias, and pretrial publicity. These flaws can lead to wrongful convictions, biased negligence assessments, and compromised impartiality, undermining legal fairness. This study examines these cognitive vulnerabilities, analyzing their mechanisms and proposing strategies to reduce their impact. A literature review of empirical research from 2018 to 2023 integrates findings from psychology, neuroscience, and law. The study highlights how these biases affect legal outcomes and suggests practical solutions like simplified judge instructions, structured interrogation protocols, and bias awareness training. The research uses Cognitive Load Theory, aiming to enhance the integrity of legal processes and provide evidence-based recommendations to improve the fairness and accuracy of legal decisions.
Optimizing Civil Construction Litigation In Indonesia: A Comprehensive Framework For Efficiency, Expertise, And Equity In Dispute Resolution Azizan, Akmal; Sophia, Sally; Zahra, Salma; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 13 No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.189-226

Abstract

Delays, excessive expenses, and a decline in public confidence come from the specialized nature of civil construction litigation in Indonesia. Several efforts have been made to improve civil construction litigation in Indonesia, such as introducing procedural reforms to expedite case processing times, increasing access to mediation and alternative dispute resolution (ADR), and the occasional involvement of technical experts to assist judges in understanding complex construction issues.    Unresolved problems continue despite current attempts; a complete system redesign is required. This paper attempts to fill such knowledge gaps and provide fresh approaches to civil construction litigation in Indonesia. This study provides a comprehensive strategy to improve litigation effectiveness, efficiency, and professionalism by incorporating worldwide best practices and offering practical solutions. The research takes a methodical look at effective models in the UK, Germany, France, and Japan. It identifies critical issues in the Indonesian setting and develops specialized procedural tools like "Case Management Information Tables" and "Case Management Plan Tables." A long-term vision for the legal framework is also discussed, along with strategic approaches to expert evidence, creating a qualification and assessment system, the participation of active-standing technical advisors, and more. The study produces a versatile and all-encompassing structure for civil construction litigation in Indonesia. The research fills a need in the literature by providing valuable resources and fresh ideas for improving efficiency in legal procedures, bolstering the credibility of expert testimony, establishing stringent qualifying criteria, and encouraging long-term flexibility. The public's faith and confidence in the Indonesian legal system are bolstered due to these contributions, which increase the process's efficiency and justice.
Harmonizing Judicial Data Protection Standards Between The EU and US Azizan, Akmal; Zahra, Salma; Sophia, Sally; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.29-62

Abstract

In the digital age,the protection of personal data has become a crucial issue, often leading to conflicts between regions with differing legal and cultural values. The European Union (EU) and the United States (US) represent a prominent example of such a divergence, with the EU emphasizing stringent data protection measures and the US prioritizing economic and security interests. These differing approaches have resulted in significant challenges for transatlantic data flows, notably highlighted by the invalidation of the EU-US Privacy Shield by the Court of Justice of the European Union (CJEU). This essay aims to explore the complexities of privacy and data protection within the context of transatlantic relations, providing a comprehensive analysis that bridges empirical data and theoretical insights. The study seeks to identify the economic, operational, and legal impacts of regulatory divergences and propose evidence-based policy recommendations to harmonize data protection standards between the EU, and the US. The research employs a literature study method, systematically reviewing scholarly articles, legal texts, case law, and policy documents related to data protection and privacy. It integrates Socio-Legal Theory to analyze the intersection of legal frameworks, social practices, and cultural attitudes. Empirical data is gathered through qualitative and quantitative analysis, focusing on the economic impacts, compliance challenges, and legal risks associated with transatlantic data flows. The findings reveal significant economic costs and compliance burdens for businesses due to the absence of stable data transfer mechanisms. Legal risks and judicial consequences under the EU’s GDPR further exacerbate these challenges. The study identifies specific areas where regulatory harmonization is possible, offering policy recommendations grounded in empirical data to enhance data protection standards and facilitate smoother data exchanges. By combining empirical analysis with theoretical insights, this research contributes to a nuanced understanding of data protection and privacy, essential for informed policy-making and effective judicial practice.
Reforming Indonesian Criminal Justice: Integrating Recidivism Risk Assessment for Fair and Effective Sentencing Zahra, Salma; Azizan, Akmal; Sophia, Sally; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.275-310

Abstract

The major goal of this study is to develop a contextually appropriate and nuanced framework for incorporating recidivism risk indicators into sentencing recommendations in Indonesia. This research seeks to bridge the gap between global best practices and Indonesia's unique sociocultural setting by performing a deep investigation of the cultural and legal intricacies particular to Indonesia and comparing worldwide methods. The study also highlights the significance of pre-sentence investigations in obtaining a complete picture of offenders' histories and habits and so shaping sentencing choices. The study's approach includes a comprehensive review of relevant Indonesian literature, laws, and case law. The methods include a comparative study that draws parallels between domestic and international norms in places like the USA, UK, DE, and FR. The research recommends risk factor criteria that are particular to Indonesia, taking into account the country's culture and legal system. Juvenile imprisonment, elements in sexual crimes against minors based on age, and complex conceptions of interpersonal connections are all examples of these aspects. The study supports using these culturally sensitive characteristics into sentencing standards to improve the judicial system in Indonesia. The report also emphasizes the significance of pre-sentence investigations in providing judges with comprehensive data for making fair and effective sentences. This study promotes continuing discussion and growth within Indonesia's criminal justice system by filling in knowledge gaps and providing concrete recommendations for better incorporating recidivism risk variables into sentence guidelines.
Reforming Legal Decision-Making: A Study of Hindsight Bias on Judicial Impartiality Zahra, Salma; Azizan, Akmal; Sophia, Sally; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.447-482

Abstract

Legal decision-making is heavily influenced by cognitive processes like memory and judgment, which are vulnerable to biases such as false autobiographical memories, hindsight bias, and pretrial publicity. These flaws can lead to wrongful convictions, biased negligence assessments, and compromised impartiality, undermining legal fairness. This study examines these cognitive vulnerabilities, analyzing their mechanisms and proposing strategies to reduce their impact. A literature review of empirical research from 2018 to 2023 integrates findings from psychology, neuroscience, and law. The study highlights how these biases affect legal outcomes and suggests practical solutions like simplified judge instructions, structured interrogation protocols, and bias awareness training. The research uses Cognitive Load Theory, aiming to enhance the integrity of legal processes and provide evidence-based recommendations to improve the fairness and accuracy of legal decisions.
Strengthening Courtroom Integrity in Indonesia: Addressing Technological and Security Challenges Through Global Best Practice Sophia, Sally; Zahra, Salma; Azizan, Akmal; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.251-280

Abstract

Maintaining order in the courtroom is essential for ensuring fair and efficient judicial proceedings. However, Indonesian courts face increasing challenges in managing courtroom decorum due to evolving disruptive behaviors driven by technological advancements and societal changes under the 4th Industrial Revolution. This research examines the current state of courtroom management in Indonesia, identifying gaps such as unauthorized electronic recordings, inadequate systems for remote trial decorum, and insufficient courtroom security measures. Using a literature-methods approach, the study analyzes incident reports, judicial practices, and international best practices from countries like Germany, Japan, and Canada. Findings reveal significant weaknesses in the regulation of technology use, courtroom security frameworks, and the public perception of traditional practices. The research concludes that Indonesia's judiciary must adopt forward-thinking strategies to enhance courtroom management and public trust. Key recommendations for the Supreme Court include regulating electronic device usage, establishing a court police system, introducing summary procedures for in-court offenses, and revising the "all rise" practice to align with cultural sensitivities. These measures ensure a resilient, adaptive judiciary prepared to address current and future challenges effectively.
Comparative Analysis of Judicial Statistics Reform: Insights From The US, Canada, and The UK Sophia, Sally; Zahra, Salma; Azizan, Akmal; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.495-530

Abstract

In the context of modern judiciaries, the effective utilization of judicial statistics is pivotal for informed decision-making and policy formulation. Indonesia, like many nations, faces challenges in the dissemination, content coherence, raw data sharing, historical analysis, and collaborative efforts concerning judicial statistics. This research addresses these gaps by proposing innovative solutions to enhance the efficacy of judicial statistics in Indonesia. The primary objective is to transform the existing landscape by advocating for the adoption of web-based platforms, restructuring content and format, resolving raw data dissemination challenges, emphasizing the significance of historical data, and promoting collaborative efforts between research institutions and court data centers. The purpose is to provide a comprehensive framework that not only addresses current issues but also lays the foundation for sustainable, transparent, and informed statistical practices. This study employs a qualitative approach through a comparative analysis, examining existing literature, policy documents, and judicial statistics practices in the US, Canada, and the UK. By contrasting these systems with Indonesia’s framework, the study identifies best practices and potential improvements for judicial data management. The research presents a multifaceted approach to enhance the efficacy of judicial statistics in Indonesia. By transitioning to web-based platforms, ensuring content coherence, addressing raw data dissemination challenges, emphasizing historical data analysis, and promoting collaborative efforts, the proposed framework offers practical solutions. Implementation of these strategies can significantly improve the accessibility, accuracy, and relevance of judicial statistics. Consequently, this approach not only benefits researchers and policymakers but also fosters transparency and accountability within the Indonesian judiciary, paving the way for evidence-based decision-making and informed policy formulation in the legal sector.
Co-Authors Perai, Nurajam Sophia, Sally Zahra, Salma