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All Journal Jurnal Hukum Lex Generalis
Akhirudin
Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

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Eksistensi Kecerdasan Buatan dalam sebagai Subjek Hukum: Kajian Holistik Berdasarkan Perspektif Filsafat Hukum Eksistensialis Rasji; Akhirudin
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.979

Abstract

The development of artificial intelligence, becoming increasingly complex, has sparked profound debates regarding its legal status, particularly whether AI can be considered a legal subject. To address this issue, this study adopts an existentialist philosophical approach, focusing on the concepts of freedom, consciousness, and responsibility as the fundamental elements of human existence. The research employs a qualitative approach with a philosophical analysis of the concepts of subjectivity and existence, drawing on the ideas of prominent existential thinkers such as Jean-Paul Sartre and Martin Heidegger. The findings indicate that although AI is capable of independent action and mimicking decision-making processes similar to humans, it lacks self-consciousness and existential freedom—traits that are inherently human. Therefore, from an existentialist perspective, AI does not meet the criteria to be regarded as a legal subject, as it does not possess authentic existence or the moral responsibility associated with legal subjects. Based on these findings, it can be concluded that the legal status of AI is more appropriately viewed as an object of law, requiring special regulation, rather than as an entity with legal rights and obligations akin to humans.
Tinjauan Hukum Mengenai Tindak Pidana Perdagangan Orang Akhirudin; Ariawan Gunadi
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.1015

Abstract

This study aims to examine the criminal act of human trafficking from the perspective of Indonesia’s positive law and its impacts on victims and society. The research method used is normative juridical with descriptive analysis of statutory regulations and legal doctrines. Law No. 21 of 2007 serves as the legal foundation for combating human trafficking, covering recruitment to exploitation through various criminal modes. Human trafficking causes severe social, economic, and psychological impacts, from deep trauma to social exclusion of victims. The state has established a comprehensive protection system, including rights recovery and international cooperation mechanisms. Despite existing regulations, challenges remain in enforcement and limited rehabilitation facilities. Therefore, effective TPPO eradication strategies require synergy between the government, civil society, and international actors to achieve substantive justice and comprehensive protection. In conclusion, addressing human trafficking must be holistic, with strengthened legal enforcement, victim protection, and sustainable public participation.
Upaya Penegakan Hukum dalam Menangani Kasus Perdagangan Manusia Akhirudin; Gunardi Lie
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Human trafficking is a complex crime against humanity, involving sexual exploitation, forced labor, slavery, and organ trafficking. This crime draws global concern due to its organized nature and transnational networks that exploit legal and social system weaknesses. In Indonesia, although Law No. 21 of 2007 on the Eradication of Human Trafficking Crimes (the Eradication of Human Trafficking Crimes Law) exists, law enforcement still faces numerous challenges. A major issue is the lack of coordination among law enforcement agencies and the frequent use of general provisions in the Penal Code instead of applying the Eradication of Human Trafficking Crimes Law as lex specialis. This research aims to analyze the role of the government and the effectiveness of law enforcement in combating human trafficking in Indonesia. The method used is normative juridical with statutory and conceptual approaches. The study finds that legal implementation is often suboptimal due to inconsistent understanding among officers, limited resources, and inadequate technical training. Meanwhile, the ratification of international conventions such as the Palermo Protocol, CEDAW, and the ASEAN Convention has yet to be fully implemented in practice. The Indonesian government, in collaboration with IOM and international bodies, has launched public awareness programs and officer training, though results remain limited. In conclusion, law enforcement against human trafficking requires national legal reform with better interagency coordination, a victim-centered approach, and stronger cross-sectoral synergy to ensure deterrence and comprehensive victim protection.
Co-Authors Ariawan Gunadi Gunardi Lie Rasji