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INDONESIA
Ajudikasi : Jurnal Ilmu Hukum
Published by Universitas Serang Raya
ISSN : 26139995     EISSN : 26140179     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi dan Informasi Ilmiah - PDII) of the Indonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia - LIPI) with ISSN Number 2613-9995 (print) and 2614-0179 (online). The manuscript published in the journal of adjudication will be published by Faculty of Law of Universitas Serang Raya, both printed and online through the Open Journal System (OJS) at http://e-jurnal.lppmunsera.org
Arjuna Subject : -
Articles 138 Documents
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OPENAI'S PLAGIARISM AGAINST STUDIO GHIBLI IN A COPYRIGHT LAW PERSPECTIVE Cindy Swastika; Asri Elies Alamanda
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11523

Abstract

This study examines OpenAI's plagiarism problem against Studio Ghibli from the perspective of copyright law. This problem leads more to the fundamental question, whether Studio Ghibli, which is currently widely used by humans easily produced by OpenAI, deserves copyright protection, considering that according to Law No. 28 of 2014 concerning Copyright, the so-called Creator is a person (several people) not a computer program.  The purpose of this study is to find out whether the use of Studio Ghibli's works by OpenAI without permission from the copyright holder falls into the category of plagiarism and copyright infringement, as well as to analyze the form of protection, certainty, and urgency of legal regulations in Indonesia through comparison with copyright regulations in other countries. The research method used is a normative legal method with a regulatory approach, a conceptual approach, and a comparative study. The results of the study show that OpenAI is considered to have plagiarized Studio Ghibli's work because it does not have official permission from the copyright holder. In Indonesia, there is no legal certainty regarding copyright protection for Studio Ghibli's works produced by OpenAI, because there are no specific rules governing it. In the ITE Law, OpenAI is only categorized as an electronic agent and is not recognized as a legal subject who can own copyrights. Comparison with other countries: The United States rejects copyrights for works that are not from humans, while the United Kingdom grants copyrights to OpenAI's developers. This research emphasizes the importance of the Indonesian government immediately formulating regulations that regulate the work produced by OpenAI, in order to have clear certainty and legal force.
THE APPOINTMENT OF JUDGES IN RESTORATIVE JUSTICE: BETWEEN QUASI-JUDGMENT AND RES JUDICATA FROM THE PERSPECTIVE OF LEGAL CERTAINTY Paskalis Bisma Suarlembit; Cahaya Wulandari
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11525

Abstract

Restorative Justice (RJ) in the 2025 Draft Criminal Procedure Code (RKUHAP) offers an alternative to resolving criminal cases outside of court through agreements between perpetrators, victims, and law enforcement officials. However, the judge's decision on the outcome of RJ has sparked debate regarding its legal force and certainty as a final res judicata decision, as well as protection of the ne bis in idem principle. This study aims to analyze the legal force of the judge's decision in the RJ mechanism according to the 2025 RKUHAP and its implications for the ne bis in idem principle. The method used is normative juridical analysis through the analysis of regulations and the latest legal literature. The results show that the judge's decision in RJ does not fully meet the requirements of a binding final decision, thus potentially causing legal uncertainty and opening up the possibility of retrial. It is necessary to strengthen the norms in the 2025 RKUHAP so that the judge's decision in RJ has permanent legal force and maximally protects the principle of ne bis in idem.
CRIMINAL LIABILITY FOR MEDICAL PERSONNEL IN BEAUTY MALPRACTICE CASES Theodorus Patrick; Luthfillah Arrizqi Zainsyah
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11529

Abstract

The purpose of this study is to analyze the basis of criminal law regulation against medical personnel as well as the form of legal protection for victims of beauty malpractice. This research is motivated by the increasing practice of medical aesthetics in Indonesia which often raises legal problems due to medical actions that are not in accordance with professional standards. The urgency of this research lies in the need to clarify the boundaries between ethical, administrative, and criminal violations in aesthetic medicine practice so that there is no excessive criminalization of medical personnel. This study uses normative legal methods with statutory approaches, conceptual approaches, and case approaches. The results of the study show that there is an overlap of norms between the Criminal Code and the Medical Practice Law in the application of the principle of lex specialis derogat legi generali, as well as the need to affirm the recommendation mechanism of the Professional Disciplinary Council as stipulated in Law Number 17 of 2023 concerning Health. The free verdict in the analyzed case was caused by the weak evidence of the culpa lata element and the judge's error in assessing the absence of written informed consent. In conclusion, the legal system needs to strengthen the integration between ethical, administrative, civil, and criminal pathways in order to create legal protection that is balanced between the rights of patients and the professional responsibilities of medical personnel. The findings or novelty of this research is the identification of the need for harmonization between general criminal law and health law in the enforcement of the criminal responsibility of doctors in the field of aesthetics
THE URGENCY OF AN EXTERNAL OVERSIGHT INSTITUTION ON THE LEGAL PRODUCTS OF THE PEOPLE'S CONSULTATIVE ASSEMBLY (MPR) Rofila; Yudi Widagdo Harimurti; Nurus Zaman
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11537

Abstract

The People's Consultative Assembly is a State Institution regulated in the 1945 Constitution of the Republic of Indonesia, has the authority to determine and amend the 1945 Constitution of the Republic of Indonesia, appoint and dismiss the President and Vice President, is a very large authority in running the wheels of government, there is a decree of the People's Consultative Assembly No. MPR No XI / MPR / 1998 concerning State Administrators who are clean and free from Corruption, Collusion, and Nepotism, this decree invites public polemic because it contains efforts to eradicate KKN must be firmly against anyone who is wrong including President Soeharto while still paying attention to the principle of presumption of innocence and human rights, so that a conflict of interest arises in it, until now there is no external supervisory institution but an Internal supervisor, especially in legal products issued by the MPR, while great power tends to abuse power, the purpose of this study 1) to determine the position of the People's Consultative Assembly in the administration of the State in Indonesia 2) to determine the formulation of an external supervisory institution in the legal products of the People's Consultative Assembly People's Consultative Assembly, the research method used in this research is a type of normative research (Normative Legal Research), with a conceptual approach (conceptual approach), and a statute approach (statute approach), the results of this research are : 1) The position of the People's Consultative Assembly in the Indonesian constitutional system is equal to other state institutions such as the DPR, DPD, KY, MA, MK, and so on, the difference lies in the scope of power or authority held by the People's Consultative Assembly and state institutions whose members consist of the DPR and DPD which should be supervised. 2) The urgency of an External Supervisory Institution to the People's Consultative Assembly (MPR) There are several fundamental reasons: The authority held by the MPR can change and determine the 1945 Constitution of the Republic of Indonesia, can appoint and dismiss the President and Vice President, and there has been a conflict of interest in the MPR Decree Number XI/MPR/1998 concerning State Administrators who are clean and free from Corruption, Collusion, and Nepotism, so the formulation of the MPR State institution is that the Constitutional Court is the right institution to carry out external supervision of the MPR's legal products by conducting a Judicial Review because the MPR's strictness is certain regarding the provisions for changing and determining the 1945 Constitution of the Republic of Indonesia. The purpose of this reformulation is to minimize the occurrence of abuse of authority, conflict of interest, which can harm the community and as a form of responsibility for the authority held by the MPR.
APPLICATION OF COMMUNITY SERVICE SENTENCES AFTER ENACTMENT OF LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE (NATIONAL CRIMINAL CODE) Carissa Nuramallia Prihatna; Beniharmoni Harefa
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11546

Abstract

The implementation of law Number 1 of 2023 concerning the criminal code (National Criminal Code) has several new types of main punishment, one of them is social service, which is further regulated in Article 85 of The National Criminal Code. This research aims to examine and explore how the social service punishment is regulated in The National Criminal Code and how future criminal procedure law would be adjusted to The National Criminal Code in the implementation of social service punishment. The research method that used in this research is normative juridical with statute approach and historical approach, and the existing data results are analyzed a qualitatively by using descriptive writing techniques. This research found that the successful implementation of the social service punishment depends on the readiness of future regulation implementing regulations, particularly the supervision process carried out by Prosecutors and the guidance by Social Workers, and how the Judges obtain data on the social history of defendants when considering sentencing. The establishment of the implementing regulations in the form of a Government Regulation (PP) is urgently needed as an absolute requirement so that the imposition and implementation of social service punishment can be effective, measurable, and capable of overcoming the problem of criminalization in Indonesia. Keywords: National Criminal Code, Social Service Punishment, Criminal Procedure Law
Validity Of Contracts Based On Smart Contract Generator (A Comparative Study of Indonesia and France) Putri Nabila sahwahita; Kaharuddin
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11682

Abstract

This study examines the legal validity of contracts generated by AI-based smart contract generators from the perspective of Indonesian civil law, in comparison with French law. The background lies in the development of Society 5.0, the use of blockchain and AI in contract drafting, and the absence of specific regulations on smart contracts and generators in Indonesia. This research analyses contracts produced by smart contract generators, the legal framework governing the use of smart contract generators in contract formation in Indonesia and France, and the implications of this comparative analysis for strengthening legal certainty regarding smart contract generators in Indonesia. The study is a normative juridical research using statutory and comparative approaches, relying on primary legal materials, namely the Indonesian Civil Code, the Electronic Information and Transactions Act, the French Civil Code and AI regulations, as well as secondary materials on smart contracts, blockchain, and AI. The results show that contracts generated by such tools have the characteristics of automation, immutability, transparency, security, and decentralisation, but from a legal standpoint must still satisfy the general requirements for a valid agreement. In Indonesia, smart contracts can in principle be classified as electronic contracts insofar as they comply with Article 1320 of the French Civil Code, while the generator is viewed merely as a tool owned by the parties, with legal responsibility placed on users and a remaining regulatory gap on technical aspects. In France, smart contracts generated by AI are assessed under the general rules of contract law but are reinforced by the explicit recognition of DLT in financial law and a more developed AI supervision framework. Based on these findings, the study concludes that Indonesia needs to strengthen its national framework through explicit recognition of the contractual function of smart contracts, the adoption of technical standards and liability rules for generator providers, and the development of judicial and sectoral guidelines to ensure legal certainty and protect weaker parties.
Reconstructing The Paradigm Of Legal Protection Of Workers: Conceptual Renewal Of Termination In The Welfare Perspective Husaeri; Nur Mohamad Kasim; Weny Almoravid Dungga
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11519

Abstract

The reform of the termination of employment (PHK) regulation in Indonesia through Law Number 6 of 2023 concerning Job Creation has had a significant impact on the legalprotection and welfare of workers. This study aims to evaluate changes in layoff regulations, the implications of compensation reductions, and the implementation of Pancasila principles and Human Rights (HAM) in the protection of workers who experience layoffs. The normative-juridical method is used by reviewing legislation, Court decisions, and the latest legal literature. The results show that although the job creation law provides flexibility for employers, the looser provisions in layoffs have the potential to harm workers, especially in the aspects of compensation and legal certainty. The implementation of Pancasila and human rights principles is an important foundation in ensuring the protection of workers so that the right to work, social justice, and humanity are maintained. Social security policies and fair dispute resolution mechanisms are strengthened through the latest Ministry of labor regulations, but the effectiveness of their implementation needs to be constantly monitored. The study recommends comprehensive reforms that promote a balance of interests between workers and employers, as well as strengthening constitutional protections for the sustainable welfare of workers.
Crisis Of Legal Certainty In Criminal Enforcement Against The Practice Of Repacking Food Products Dimas Ardiansyah Sugiatno; Fenty U Puluhulawa; Weny Almoravid Dungga
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11520

Abstract

The practice of repackaging food products is increasingly prevalent in Indonesia, especially in the small-business sector and in the trade of foodstuffs in small packaging without labels. This practice poses serious problems for consumer protection and food safety. Although Law No. 18 of 2012 on food has imposed a strict prohibition on opening food packaging for repackaging, this provision is subject to a normative contradiction under Article 84paragraph (2), which provides exceptions for food that is “commonly repackaged,” without clear definitions or technical limitations. This ambiguity creates a crisis of legal certainty that hinders criminal enforcement under Article 139. This study uses a socio-legal research approach, combining normative juridical analysis with empirical data from interviews with BPOM officials and field observations. The results showed that the vagueness of the norm is the main factor preventing authorities from carrying out repressive measures, thereby hindering the effective operation of criminal law enforcement. This condition has an impact on weak consumer protection, distortion of business competition, disruption of the national food security system, and potential violations of state obligations to protect the right to public Health. This study confirms the need for strict implementation regulations, repackaging technical guidelines, and strengthening BPOM capacity and consumer literacy to ensure the effectiveness of law enforcement and food safety in Indonesia.
Legal Analysis Of The Resolution of The Trademark Plagiarisme Dispute Between MS Glow And PS Glow Sulasno; Cindi Nur Febriani; Nada Salsabila Kusuma; Hasuri; Rethorika Berthanila
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i2.11833

Abstract

A brand is an identification mark that is used to specifically differentiate between one product and another product. Trademarks are in the form of images, logos, names, words, letters, numbers, color schemes, two and/or three dimensions, sounds, holograms, or a combination of both. The factors above are to differentiate goods and/or services produced by individuals or legal entities in the context of trading goods and/or services. As technology and information develop, there are many disputes regarding brands. Like the MS Glow and PS Glow brand trophies which are widely discussed due to brand plagiarism trophies. The aim of this research is to find out how the Ms Glow and Ps Glow Trademark Dispute is resolved and legal protection efforts for the MS Glow and PS Glow trademarks. This research uses qualitative research methods and a normative type of research with a literature approach. Data search was carried out by reviewing and tracing related laws and regulations, books, literature, articles and documents regarding the study of trade secret issues. The results of this research were that settlements were carried out in two Commercial Courts. The lawsuit at the Medan Niaga District Court was won by Ms Glow, while the lawsuit at the Surabaya Niaga District Court was won by Ms Glow. The decision at the Surabaya Niaga District Court found that the Ms Glow brand used did not comply with the registered brand class
Prosecutorial Authority under the Principle of Dominus Litis in the Draft Criminal Procedure Code: Kekuasaan Kejaksaan Berdasarkan Asas Dominus Litis dalam Rancangan Kitab Undang-Undang Hukum Acara Pidana Endra Budiantono; Ryookoo Nur Azizah; Nila Puspitarini; TB. M. Kasyif Ulum Kaliba; Fuqoha Fuqoha
Ajudikasi: Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v9i1.12289

Abstract

Effective and fair law enforcement is a crucial pillar of the criminal justice system in Indonesia. In this context, the Prosecutor’s Office holds a strategic role through the principle of dominus litis, which grants full authority to the Public Prosecutor to control the course of criminal prosecution. This study aims to analyze the powers of the Prosecutor's Office based on this principle, particularly in relation to the Draft Criminal. Procedure Code (RUU KUHAP) currently under discussion. The research employs a normative juridical approach with qualitative descriptive analysis of legal regulations, legal doctrines, and academic literature. The findings reveal that although the dominus litis principle strengthens the Prosecutor’s position, provisions in the RUU KUHAP such as Article 111 Paragraph (2) and the application of the opportunity principle—pose potential risks of overlapping authority with the police and misuse of power. Therefore, proportional authority and effective oversight mechanisms are necessary to ensure the upholding of justice, legal certainty, and human rights protection

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