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International Journal of Law Reconstruction
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Arjuna Subject : -
Articles 157 Documents
Problems of Legal Certainty in the Use of Artificial Intelligence in Business Practices Rianthi, Nyoman Desy; Kurniawan, I Gede Agus
International Journal of Law Reconstruction Vol 9, No 1 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i1.40268

Abstract

The use of Artificial Intelligence (AI) in business brings many benefits, such as increased efficiency and innovation, but also presents challenges related to legal certainty, which has not yet been comprehensively regulated in Indonesia. This research aims to analyze the legal certainty of AI use in business practices in Indonesia based on SE Menkominfo 9/2023, and to evaluate the implications of the unclear regulations in the circular on AI implementation in Indonesia's business sector. This research uses normative legal methods with a legislative and conceptual approach through literature studies and descriptive-analytical qualitative analysis of primary, secondary, and tertiary legal materials. The research findings indicate that the regulatory framework for AI implementation in Indonesian business practices. While the circular provides basic guidelines for data protection and mandates compliance with Personal Data Protection Law, it fails to comprehensively address crucial aspects such as legal liability for AI-related errors, industry-specific regulations for sectors like banking and finance, and clear ethical guidelines for AI implementation. These regulatory gaps create multiple implications, including business uncertainty, potential innovation barriers, increased risks of AI misuse, challenges in personal data protection, complications in legal enforcement, and obstacles for multinational companies operating in Indonesia.
Digital Transformation in the Correctional System Towards Effective Rehabilitation and Social Reintegration Enggarsasi, Umi; Sa’diyah, Nur Khalimatus
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47858

Abstract

Digital transformation has emerged as a strategic response to longstanding problems in Indonesia’s correctional system, including overcrowding, high recidivism, and limited resources. Beyond administrative modernization, digitalization is increasingly viewed as a pathway toward a more humane and rehabilitative penal paradigm. This article examines how digital transformation contributes to rehabilitation and social reintegration of inmates in Indonesia. Using a qualitative juridical-empirical method, the study combines normative analysis of laws and human rights principles with empirical data drawn from policy reports, academic studies, and correctional practices. The findings highlight three key contributions of digitalization. First, rehabilitation efforts are strengthened through online learning platforms, digital vocational training, and virtual counseling programs that expand access to inmate development. Second, transparency and accountability are enhanced by integrated databases and complaint systems that reduce maladministration and increase public trust. Third, reintegration opportunities improve through digital entrepreneurship initiatives and technology-based connections with the labor market. These results suggest that digital transformation can be a vital instrument for realizing the rehabilitative mandate of Law Number 22 of 2022 and advancing restorative justice. Properly integrated into correctional policy, digitalization not only increases efficiency but also promotes a correctional system that is more just, inclusive, and socially sustainable.
Export Prohibition on Cultural Heritage Objects in NIAC: Study of Tangerang City Under Humanitarian Law Permanasari, Arlina; Nurbaiti, Siti; Notoprayitno, Maya Indrasti; Ramadhan, Nursyahrani Tiara
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47704

Abstract

Protecting cultural heritage during non-international armed conflicts remains a significant challenge for the enforcement of International Humanitarian Law, especially given the rising instances of intentional or accidental destruction of cultural sites in recent decades. This study aims to explores the role of national legal mechanisms and analyzes the legal consequences of cultural heritage preservation, emphasizing its economic aspects. This research applies normative legal methods to analyze a range of international instruments, including the 1954 Hague Convention, the 1999 Second Protocol, and UN Security Council Resolution 2347 (2017), along with soft law sources such as Customary IHL and the 2024 Joint Declaration. The study's results indicate that applying international rules to the Indonesian national legal framework, particularly regarding the prohibition on exporting cultural heritage objects, can serve as a crucial preventive measure. However, at the national level, the Regulation still needs to be strengthened through more technical operational mechanisms, inter-agency cooperation, and the participation of individuals and indigenous peoples, based on international provisions that the world community has accepted.
Criminal Law Protection to the Right to Privacy in the Utilization of Digital Technology Tirtakusuma, Andreas Eno; Tirtakusuma, Eleazar Josiah
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47177

Abstract

The rapid development of digital technology, including artificial intelligence, has brought tremendous progress for human rights, but also a real threat to privacy, where states and companies can now easily track, analyze, predict, and even manipulate people’s behavior on a massive scale such as through wiretapping, surveillance, or police raids related to online gambling without strict safeguards, which risks undermining individual dignity, autonomy, and rights. Therefore, this study aims to examine and formulate an ideal concept for protecting privacy rights within the confines of Indonesian criminal law, particularly amidst rapid technological evolution. The method used is normative legal research with a juridical and philosophical approach, to identify various laws and philosophies related to privacy protection in the criminal realm, while delving into the legal issues in depth. The results reveal that existing regulations still need to be supported by the theory of privacy as a human right and the concept of law as a protective sword and shield. In conclusion, the ideal concept must integrate these principles into the Indonesian legal framework, so that technology remains a driver of progress without sacrificing citizens’ privacy.
Judicial Welfare and Legal Decision Quality in Indonesia: Normative Gaps and Reform Directions Efendi, Jonaedi; Prasetyo, Dossy Iskandar
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47828

Abstract

This study investigates the impact of judicial welfare particularly salary structures, allowances, and institutional support on the quality of judicial decisions in Indonesia. Amid a wave of reform marked by Government Regulation Number 44 of 2024 and the 2025 salary adjustment policy, questions persist regarding whether financial improvements alone can ensure judicial independence and reasoning integrity. Using a normative legal research approach combined with doctrinal analysis and comparative jurisprudence, this paper examines salary disparities, workload imbalances, and structural gaps across judicial tiers. Findings reveal that trial-level judges continue to face excessive caseloads, inadequate access to legal resources, and limited professional development despite recent financial reforms. These structural deficiencies contribute to formalistic adjudication, reduced legal innovation, and vulnerability to ethical fatigue. The study affirms that judicial welfare reform must go beyond monetary adjustments and integrate performance-based incentives, reasoning-focused evaluation systems, and equitable institutional infrastructure. Drawing on theories of justice and motivation, the research offers a multidimensional framework for understanding how welfare structures influence judicial output. It concludes that sustained judicial quality and independence require a holistic policy response that bridges normative ideals and institutional realities.
Cassation Judge Considerations in Overturning the Surabaya District Court’s Acquittal in a Murder Case Abdurakhman, Maman; Guntara, Deny; Abas, Muhamad
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47663

Abstract

The responsibility of a judge is not only to the State but also to God Almighty. The panel of judges in deciding a case always carries a message with the sentence “Justice is based on the one and only God.” The Surabaya District Court Judge acquitted the defendant in a murder case because he was not proven to have committed the crime charged by the public prosecutor, namely “Article 338 of the Criminal Code or both Articles 351 paragraph (3) of the Criminal Code or the first three Articles 359 of the Criminal Code and both Articles 351 paragraph (1) of the Criminal Code.” The public prosecutor filed an appeal to the Supreme Court. This study aims to analyze how the public prosecutor will file an appeal in a murder case that was acquitted by the Court and how the cassation judge considered it in decision Number 1446 K / Pid / 2024? This research was conducted normatively by examining library materials and applicable regulations. The stages or process of submitting a cassation by the public prosecutor to the Supreme Court are stated in “Article 244, Article 245, Article 246, Article 247 and Article 248 of the Criminal Procedure Code concerning cassation examination”. The main finding in the description of the judge's considerations, the actions carried out by the Defendant clearly fulfill the elements of a criminal act as stated in the alternative charge of the second combination of Article 351 paragraph (3) of the Criminal Code. Thus, the Defendant was found guilty legally and convincingly, and was sentenced to five years imprisonment.
Victimology Analysis of the Vulnerability of Street Children as Victims of Drug Abuse in Karawang Regency Atmaja, Annisa Tri; Guntara, Deny; Rahmatiar, Yuniar; Abas, Muhamad
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47737

Abstract

The increasing incidence of drug abuse among street children in Karawang Regency has become a serious social and legal concern. As a vulnerable group, street children often fall victim to drug exploitation due to the absence of family supervision and their exposure to high-risk environments. This study aims to analyze the victimological factors that make street children vulnerable to drug abuse and to interpret this phenomenon through the Lifestyle Exposure theory. Using an empirical juridical method, this research combines normative analysis of legal regulations with field studies through interviews with street children, law enforcement officials, the National Narcotics Agency of Karawang Regency, and social institutions. The findings reveal that economic hardship, social pressure, and a lack of legal awareness significantly contribute to children’s exposure to drugs. In the context of Lifestyle Exposure theory, their street-based lifestyle increases the likelihood of contact with perpetrators and risky situations. Legally, these children qualify as potential victims requiring special protection. Therefore, integrated efforts between government institutions, law enforcement, and the community are urgently needed to strengthen prevention, protection, and rehabilitation mechanisms for street children affected by drug abuse.