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All Journal Journal of Research in Social Science and Humanities Journal of Innovative and Creativity
Ivan Nurchalik
Universitas Pembangunan Nasional “Veteran” Jakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science 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) Nur Rizkiah Hasanah; Irena Puspa Mega; Ivan Nurchalik
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.4311

Abstract

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.
Policy Analysis on Sending Misbehaving Students to Military Barracks from the Perspective of Development Law and National Defense Diani Sadiawati; Ivan Nurchalik; Bernard Sindak Pangihutan Lumban Siantar; Exal Sinaga; Hammamtio Hammamtio
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.489

Abstract

Recently, populist policies have increasingly been adopted by public officials to enhance their political image, including education-related policies issued by the Governor of West Java, which subsequently sparked criticism from various stakeholders. Therefore, this study aims to examine the policy of sending “problematic” students to military barracks through the lens of development law and a responsive, socially just conception of national defense (bela negara). This research employs a normative juridical method using a scientific approach that includes the statute approach and the conceptual approach. The findings of this study indicate that the policy of sending students to military barracks requires thorough legal examination to ensure that its legal objectives are clear and do not violate human rights. This is particularly important as not all members of society agree with such a policy; the aim of national defense is not the militarization of children but the internalization of Pancasila values and moral discipline. Thus, sending students to military barracks does not automatically align with the concept of national defense when the measures implemented are coercive, discriminatory, and unsupported by psychological and pedagogical educational principles. Furthermore, this policy is inconsistent with the characteristics of responsive development law, which prioritizes the protection of vulnerable groups and emphasizes social justice. A comprehensive evaluation of this policy is therefore necessary, taking into account sociological, legal, and human rights perspectives, as well as educational and rehabilitative approaches.
Co-Authors Bernard Sindak Pangihutan Lumban Siantar Diani Sadiawati Exal Sinaga Hammamtio Hammamtio Irena Puspa Mega Nur Rizkiah Hasanah