Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : petitum law journal

HAMBATAN PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERUSAKAN RUMAH ADAT SUMBA Godo Bili, Ezra Yohanes; Pello, Jimmy; Dede, Ngongo
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22790

Abstract

This research aims to identify and analyze the obstacles faced in enforcing criminal law against the perpetrator of the destruction of a traditional house in Bodo Maroto Village, West Sumba Regency a site recognized as a cultural tourism object in Sumba. The incident occurred when a man, driven by anger toward his wife, threw a kerosene lamp, unintentionally causing a massive fire that destroyed the traditional house and several surrounding homes. The research employs an empirical legal approach supported by a normative juridical analysis. Data were collected primarily through interviews with local traditional leaders and tourism stakeholders. The findings indicate that the main obstacles to legal enforcement include limited law enforcement resources, a low level of legal awareness within the community, and significant socio-economic impacts, such as community trauma and loss of tourism income. Moreover, cultural and familial considerations led the community to refrain from reporting the perpetrator to the authorities. This study concludes that legal enforcement in customary law areas requires a more contextual and collaborative approach between law enforcement agencies, local government, and indigenous communities.
ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN ARTIFICIAL INTELIGENCE SEBAGAI ALAT TINDAK KEJAHATAN DI INDONESIA Lastrio, Yohana; Manuain, Orpa G; Dede, Ngongo
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22935

Abstract

The rapid advancement of Artificial Intelligence (AI) has brought transformative benefits across various sectors but has also introduced profound legal challenges, particularly in attributing criminal liability when AI is used as a tool in criminal acts. This research is guided by the core question: How can Indonesia’s criminal law system establish liability for the use of Artificial Intelligence as an instrument of crime? Employing a normative juridical method, this study integrates statutory, conceptual, case-based, comparative, and historical approaches to examine the current legal framework, including the Electronic Information and Transactions Law (ITE Law) and the 2023 Indonesian Criminal Code. Findings reveal that Indonesia’s legal system still faces significant normative and technical barriers. Normatively, existing regulations do not fully address the complexity of autonomous and adaptive AI systems. Technically, establishing mens rea and causality between human action and AI-generated outcomes remains difficult. In this context, the Perpetration by Another Liability model is a relevant legal framework, positioning AI as instrumentum delicti and assigning criminal responsibility to the human actors, developers, providers, or users, who knowingly deploy AI systems for unlawful purposes. This model aligns with Articles 36 and 37 of the Criminal Code and emphasizes accountability, precaution, and legal adaptability in facing the evolving nature of AI-driven crimes.