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All Journal Jurnal Akta
Hifdillah, Achmad Aldy
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Law, Crime, Criminology & Criminal Justice

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The Concept of People's Sovereignty Towards The Appointment of The Ideal Acting Regional Head Hifdillah, Achmad Aldy; Negara, Tunggul Anshari Setia; Susmayanti, Riana
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.43859

Abstract

This research aims to criticize the appointment of Acting Regional Heads as part of legal conflicts that are contrary to the constitution. The appointment of Acting Regional Heads who do not involve the people directly, causes a perception that people's sovereignty is sidelined for the sake of administrative efficiency. Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia is above the Election Law and the regulations under it, so that the interpretation of this regulation is not harmonious can trigger a polemic. This study uses doctrinal/normative research with a statute approach, conceptual approach, and case approach. The results of this study describe the concept of the appointment of Acting Regional Heads as an irrational part and has the potential to weaken the sovereignty of the people as enshrined in the staatfundamental norm (1945 Constitution) or grundnorm (Pancasila), the content element in the provisions for the appointment of Acting Regional Heads is full of non-democratic conditions so that these provisions need to be reviewed by prioritizing the aspect of people's participation. Therefore, it is necessary to strengthen the representation, participation of the people, and democratic mechanisms to maintain the sustainability of an inclusive and equitable political system.
The Prospects of Sentencing Artificial Intelligence Based Autonomous Agents Sulistio, Faizin; Permadi, Haru; Hifdillah, Achmad Aldy; Wardhana, Oppy Pramudya Wisnu
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51652

Abstract

This research examines the prospect of criminalizing autonomous agents based on Artificial Intelligence (AI) from the perspective of Indonesian criminal law. The object of research focuses on autonomous AI agents that are capable of operating and making decisions independently. The research objective is to analyze the legal challenges arising from AI's ability to perform potentially unlawful acts, as well as explore potential approaches in formulating an appropriate legal framework. The method used was doctrinal and comparative analysis, reviewing legal literature, policies, and global best practices related to AI regulation. The results show that Indonesia's current criminal law system is inadequate to accommodate the complexities of autonomous AI agents. Key challenges include the concept of mens rea, appropriate forms of sanctions, and determining the subject of liability. This research proposes several approaches, including the expansion of the concept of criminal law subject, the development of a layered liability model, and the reformulation of the form of criminal sanctions. In conclusion, comprehensive and interdisciplinary criminal law reform is needed to accommodate the reality of AI technology, while maintaining the fundamental principles of criminal law such as justice and legal certainty.
Co-Authors Faizin Sulistio Permadi, Haru Riana Susmayanti Tunggul Ansari Setia Negara Wardhana, Oppy Pramudya Wisnu