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All Journal JHR (Jurnal Hukum Replik) Lex Scientia Law Review
Nucharee Nuchkoom Smith
Faculty of Law, Kasetsart University
Law, Crime, Criminology & Criminal Justice

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Indonesia’s New Penal Code: Harmonizing with Global Justice or Defying International Norms? Ridwan Arifin; Riska Alkadri; Robert Brian Smith; Nucharee Nuchkoom Smith; Wahyudin Wahyudin
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14271

Abstract

This study critically examines Indonesia's new penal code through the lens of international legal norms, exploring whether it genuinely embodies the principles of global justice. Despite the code's ambitious reforms aimed at modernizing Indonesia's legal framework, our analysis reveals significant gaps between its provisions and internationally accepted standards, particularly in areas such as human rights, due process, and equality before the law. The urgency of this research lies in Indonesia's important role in Southeast Asia, where legal frameworks can influence regional governance and human rights practices. Novelty arises from our comparative approach, juxtaposing Indonesia’s penal code against a backdrop of global legal norms while considering local cultural and societal contexts. This study uncovers how the interplay between domestic priorities and international expectations can lead to compromises that undermine the integrity of justice. Our findings contribute to the ongoing discourse on legal reform in emerging democracies, highlighting the challenges of aligning national legislation with international standards. By providing concrete recommendations for policy makers, legal practitioners, and civil society, this research emphasizes the need for a holistic approach to legal reform that respects both local values and global commitments. Ultimately, we argue that Indonesia's new penal code is not just a legal document but a reflection of its aspirations for justice, demanding scrutiny and ongoing dialogue to ensure it meets the standards of global justice in practice.
Revolutionizing Justice: The Game-Changing Role of E-Litigation in Civil Case Evidence in Indonesia Auliya Rochman; Filiyah Chandra Asrini; Ari Kusuma Wibowo; Nucharee Nuchkoom Smith
Jurnal Hukum Replik Vol 13 No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.15861

Abstract

This paper examines the transformative impact of e-litigation on civil case evidence in Indonesia, particularly in light of the rapid advancement of science and technology. In response to contemporary legal challenges, the Indonesian Supreme Court introduced the Electronic Litigation (e-Litigation) system, initially outlined in Supreme Court Regulation Number 3 of 2018 and subsequently refined in Regulation Number 1 of 2019 and Regulation Number 7 of 2022. These regulations aim to modernize case administration and enhance the efficiency of judicial processes. This study utilizes a qualitative approach, incorporating juridical-empirical research through interviews and literature reviews to assess the effectiveness of e-Litigation at the Semarang District Court. Findings indicate that while e-Litigation has the potential to streamline evidence presentation and case resolution, its implementation has not been fully optimized due to regulatory complexities. Challenges in the systematic handling of electronic evidence impede the realization of justice that is simple, fast, and cost-effective. The research highlights the necessity for ongoing training and support activities to improve the use of electronic evidence in civil cases. Ultimately, this study underscores the significance of embracing e-litigation not only to modernize the Indonesian legal framework but also to foster greater public trust in the judicial system, paving the way for a more equitable legal environment.
Co-Authors Ari Kusuma Wibowo Auliya Rochman Filiyah Chandra Asrini Ridwan Arifin Riska Alkadri Robert Brian Smith Wahyudin Wahyudin