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All Journal SIGn Jurnal Hukum
Nurisnah, Nurisnah
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Law, Crime, Criminology & Criminal Justice

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Measuring Judicial Accountability in the Algorithmic Era: Juridical Implications of Using Judicial Assistants and Black Box Risks in Constructing Judgment Arguments Saputra, Asbudi Dwi; Irwanto, Hartono Tasir; Nurisnah, Nurisnah
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.570

Abstract

Although the Supreme Court of the Republic of Indonesia has adopted Artificial Intelligence technology for administrative functions, the potential use of Artificial Intelligence as a Judicial Assistant in drafting judgment arguments triggers serious dogmatic concerns. These concerns relate to the degradation of human legal reasoning amidst a national legal vacuum (rechtsvacuüm). This study aims to deconstruct the concept of judicial accountability, which fails to address algorithmic error. Furthermore, this study tests the validity of Black Box-based rulings vis-à-vis the principle of reasoned decision in Law Number 8 of 1981, and formulates a preventive regulatory model. Utilizing a normative-juridical research method and a comparative law approach regarding regulatory frameworks in the European Union, the United States, and China, this study finds that conventional legal doctrines face a liability gap due to the unforeseeable autonomous behavior of Artificial Intelligence. The analysis indicates that reliance on algorithms with opaque characteristics—as demonstrated by the COMPAS case in the United States—fundamentally violates the defendant’s right to explanation. This potentially triggers “the death of standards.” In this condition, judicial discretion is replaced by the rigidity of machine micro-directives. Furthermore, the practice of relinquishment by judges for the sake of administrative efficiency threatens independence and judicial wisdom. This study concludes the urgency of adopting a hybrid regulatory model integrating technical efficiency with the strict User Control principle from the European Ethical Charter. This serves to ensure technology remains a human-supervised servant of justice, not a master dictating rulings.
Reconstruction of the Penal System Based on Triple Vulnerability: Harmonization of Lex Generalis and Lex Specialis in Handling Sexual Violence against Girls with Disabilities Nurisnah, Nurisnah; Saputra, Asbudi Dwi; Muthia, Nuriyah Fara; Dahlan, Muhammad Fitratallah; Rivanie, Syarif Saddam
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.616

Abstract

The escalation of sexual violence cases against girls with disabilities has reached a crisis stage, exacerbated by the fragmentation of legal regulations operating sectorally. The failure of the judicial system to respond to the complexity of victim vulnerability frequently creates impunity loopholes, perpetuating victimization practices. This research aims to analyze the legal anatomy of “triple vulnerability” and reconstruct the “Integrated Juridical Trident” model as a harmonization solution for the national penal system. Using a normative juridical research method with statute and conceptual approaches, this study examines the synchronization of norms among Law Number 1 of 2023, Law Number 20 of 2025, and related specific laws. The results prove that the intersection of child, female, and person with disabilities statuses constitutes a juridical determinant automatically triggering the application of the absolute rape offense and state accommodation obligations. The constructed trident model positions Law Number 1 of 2023 as the material legality foundation and Law Number 20 of 2025 as the formal legality foundation, synergized horizontally with Law Number 23 of 2002 as the subject determinant, Law Number 8 of 2016 as the procedural rights guarantor, and Law Number 12 of 2022 as the recovery guarantee. The effectiveness of this model is secured by a precision law enforcement strategy, through the validation of proof of equality between witnesses with disabilities and the application of an absolute prohibition on restorative justice. This study concludes that such system integration is necessary to close legal loopholes and guarantee maximum sentencing certainty for perpetrators of these crimes against humanity.
Co-Authors Dahlan, Muhammad Fitratallah Irwanto, Hartono Tasir Muthia, Nuriyah Fara Saputra, Asbudi Dwi Syarif Saddam Rivanie