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All Journal Journal of Innovative and Creativity
Hasanah, Nur Rizkiah
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Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

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Rekonstruksi Teori Penemuan Hukum di Era Digital Terkait Peran AI dalam Proses Peradilan (Studi Perbandingan Indonesia dan Tiongok) Hasanah, Nur Rizkiah; Mega, Irena Puspa; Nurchalik, Ivan
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

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The advancement of digital technology in the era of the Fourth Industrial Revolution has driven significant transformation across various sectors, including the field of law and judiciary. One of the key innovations emerging from this shift is the use of Artificial Intelligence (AI) to enhance efficiency and expedite case processing. This study aims to examine the implementation of AI in the Chinese judicial system, particularly through the innovation of the AI Prosecutor robot known as "The AI", and to evaluate its potential application within the Indonesian judicial context. Additionally, the study revisits the theory of legal discovery (rechtsvinding) within Indonesia’s legal system to align it with technological developments without compromising the principles of substantive justice and judicial independence. This research employs a normative juridical method with a comparative law approach, supported by literature review of primary and secondary legal sources. The findings indicate that although AI can support judicial processes through rapid and systematic legal data analysis, its use must remain limited to an assistive role under strict human supervision. AI cannot replace the role of judges in the legal discovery process, which inherently involves ethical considerations, human experience, and moral reasoning. Therefore, a firm and ethical legal framework is needed to regulate the use of AI in the judiciary, alongside the development of a hybrid model that positions AI as a supportive tool rather than a primary decision-maker.
Politik Hukum dalam Pengaturan Pencemaran Nama Baik di Era Digital: Analisis Putusan MK No. 105/PUU-XXII/2024 Hasanah, Nur Rizkiah; Hammamtio, Hammamtio; Mega, Irena Puspa
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

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Chapter in the Electronic Information and Transactions Law, particularly chapter 27A conjunction Chapter 45 paragraph (4) have been highlighted because they are considered open to multiple interpretations, repressive, and open up space for criminalization of freedom of expression, especially when criticism is directed at state institutions or public officials. This raises serious questions about whether the defamation article is in line with the principle of freedom of expression guaranteed by the 1945 Constitution. Defamation in Indonesian legal politics is a policy dynamic that seeks to harmonize the right to personal honor with the constitutional right to expression, so that through the Constitutional Court (MK) Decision No. In decision No. 105/PUU-XXII/2024, the Constitutional Court emphasized that the phrase "other people" in Chapter 27A of the Electronic Information and Transactions Law can only be interpreted as individuals or individuals, so that government agencies, institutions, corporations, or groups cannot be victims of defamation crimes. The Constitutional Court considers that protection of the reputation of public institutions or agencies cannot be equated with protection of individuals, because public institutions or agencies must be open to criticism as part of the social control mechanism in democracy.
Co-Authors Hammamtio, Hammamtio Mega, Irena Puspa Nurchalik, Ivan