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Lex Renaissance
Published by Universitas Islam Indonesia
ISSN : 26205386     EISSN : 26205394     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap semester.
Arjuna Subject : -
Articles 337 Documents
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Lethal Autonomous Weapons Systems and the Right to Life in Non-Combat Contexts: Sistem Senjata Otonom Mematikan dan Perlindungan Hak untuk Hidup di Luar Situasi Konflik Bersenjata Kazimi, Omida; Sefriani, Sefriani; Tolo, Arezo
Lex Renaissance Vol. 10 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art10

Abstract

Artificial intelligence (AI) fundamentally transformed the new technology era, particularly in the field of military and law enforcement. Lethal Autonomous Weapons Systems (LAWS) that can identify, select, and attack targets without human intervention present serious challenges regarding the right to life under IHRL. This research analysis deployment of LAWS in non-combat situations like law enforcement, border control, and counter terrorism. The current research utilizes a doctoral research method based on the Human Rights and Technology theoretical framework to analyze the international instruments such as ICCPR, UDHR, and General Comment No. 36 of the Human Rights Committee. The research finding indicates deployment of LAWS without human meaningful control violates the fundamental principles for the protection of the right to life, including the necessity principle, the proportionality principle, and accountability. LAWS is used in some countries in non-combat situations like the US, South Korea, and Israel, which have revealed that the current international framework is not able to regulate and hold responsible against unlawful killings. Therefore, violation of human dignity and an accountability gap are the consequences of delegating life and death decisions to machines without human judgment. To conclude, to regulate, monitor, human meaningful control, accountability, and protection of the right to life in the era of digital transformation, the ratification of a binding international treaty is urgently required.
Reconstructing the Legal Limits of Itsbat Nikah: Dissenting Opinion, Child Marriage, and Doctrinal Development in Indonesian Islamic Family Law: Rekonstruksi Batas Hukum Itsbat Nikah: Pendapat Berbeda Hakim, Perkawinan Anak, dan Pengembangan Doktrin Hukum Keluarga Islam di Indonesia Nur, Muliadi; Jamil, Abdul
Lex Renaissance Vol. 11 No. 1 June 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol11.iss1.art3

Abstract

Unregistered Muslim marriage in Indonesia creates a persistent tension between religious validity and state legal recognition, especially when the marriage was conducted while one party was underage and no prior marriage dispensation was obtained. This article examines Religious Court of Pasangkayu Decision No. 143/Pdt.P/2021/PA.Pky by positioning the dissenting opinion as the main doctrinal entry point for reconstructing the limits of itsbat nikah. The study uses normative legal research with statutory, case, and conceptual approaches. The court decision is treated as primary legal material containing legal facts, evidentiary assessment, judicial reasoning, interpretation of norms, majority reasoning, dissenting opinion, and legal conclusions. The article finds that the majority opinion reflects a post-factum protection model grounded in Islamic validity, marital continuity, administrative necessity, and children’s civil status. However, the dissenting opinion provides the article’s central novelty by formulating a preventive legality model that challenges the use of itsbat nikah as a retroactive substitute for marriage dispensation. The dissent shows that underage unregistered marriage cannot be treated as a mere registration defect because it implicates statutory safeguards against child marriage. Building on this dissenting reasoning, the article proposes a five-criteria doctrinal standard: Islamic validity, statutory legality, administrative necessity, child protection, and mafsadah-maslahah moral-hazard assessment. The article concludes that dissenting opinion can function as a source of doctrinal development in Islamic family law by limiting itsbat nikah without abandoning protection for vulnerable family members.
Legal Policy for the Formulation of Implementing Regulations on Restorative Justice in the Criminal Justice System: Kebijakan Hukum Pembentukan Peraturan Pelaksanaan Keadilan Restoratif dalam Sistem Peradilan Pidana Hafid, Irwan; Utomo, Adhi Prasetyo
Lex Renaissance Vol. 11 No. 1 June 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol11.iss1.art2

Abstract

The regulation of restorative justice in the Criminal Procedure Code (KUHAP 2025) demonstrates a shift in legal policy within the Indonesian criminal justice system. This change not only alters the legal basis but may also affect the process of resolving criminal cases. Restorative justice has been widely studied within the context of sectoral regulations, but studies in KUHAP 2025 and the need for its implementing regulations remain limited. This study aims to examine the legal policy on restorative justice in KUHAP 2025 and the formation of its implementing regulations within the criminal justice system. This study employs a normative legal research method using conceptual and statutory approaches. Previously, restorative justice was regulated sectorally through Police Regulation Number 8 of 2021, Prosecutor Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. The decision to regulate restorative justice in KUHAP 2025 reflects a legal policy choice toward the aspired legal framework (ius constituendum), as it strengthens legality, victims’ rights, the restorative paradigm, the harmonization of the criminal justice system, and the availability of judicial control mechanisms that were not provided for in previous regulations. Furthermore, the formulation of implementing regulations on restorative justice through a Government Regulation is necessary, with due consideration given to restorative justice mechanisms at the stages of investigation, adjudication, and execution of judgments, as well as the regulation of mediators, penal mediation procedures, and the legal consequences of restorative agreements. Further research is needed to examine the implementation of restorative justice in KUHAP 2025 within the practice of criminal law enforcement in Indonesia.
Artificial Intelligence Disruption in Islamic Banking Financing Card Products: Regulatory Challenges and Legal Protection Construction in Indonesia: Disrupsi Kecerdasan Artifisial pada Produk Kartu Pembiayaan Perbankan Syariah: Tantangan Regulasi dan Rekonstruksi Perlindungan Hukum di Indonesia Putra, Bayu Mogana; Wardhani, Adelia Kusuma; Islam, Adikza Nurul
Lex Renaissance Vol. 11 No. 1 June 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol11.iss1.art4

Abstract

The development of the digital economy and financial technology in Indonesia is driving the use of Artificial Intelligence in Islamic banking financing card products, particularly through credit scoring and auto-underwriting systems. The use of Artificial Intelligence provides efficiency in assessing credit eligibility and analyzing customer risk, but also raises legal issues related to algorithm transparency, potential discriminatory bias, personal data protection, and the accountability of Artificial Intelligence - based decision-making systems. This study aims to analyze the legal regulations regarding the use of Artificial Intelligence in Islamic banking financing card products in Indonesia, as well as to examine the legal challenges and the construction of ideal legal protection for banks and customers. This study uses a normative juridical method with a statutory approach. The legal materials consist of laws and regulations related to Islamic financing, information technology, and personal data protection, the Indonesian Ulema Council Fatwa on financing cards, and various relevant legal literature. The analysis was conducted systematically to construct legal norms related to the use of Artificial Intelligence in Islamic banking. The results indicate that Artificial Intelligence regulations in Islamic banking financing card products in Indonesia are still partial and do not specifically regulate algorithm transparency, Artificial Intelligence oversight, and legal accountability for Artificial Intelligence based financing decisions. Therefore, a hybrid governance model is needed that combines rules-based, principles-driven, and adaptive regulation approaches to create legal certainty, protect customers, and maintain the principles of fairness and sharia compliance in the use of Artificial Intelligence in Islamic banking in Indonesia.
Executive Preview of Draft Regional Regulations on Industrial Development Planning: Testing the Limits of Executive Authority in Regional Legislation: Executive Preview Rancangan Peraturan Daerah tentang Rencana Pembangunan Industri: Uji Batas Kewenangan Eksekutif dalam Legislasi Daerah Wardhana, Allan Fatchan Gani; Aditya, Zaka Firma
Lex Renaissance Vol. 11 No. 1 June 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol11.iss1.art5

Abstract

The obligation of local governments to establish Provincial Industrial Development Plans and Regency/City Industrial Development Plans in the form of Regional Regulations as mandated by Law Number 3 of 2014 concerning Industry requires an evaluation mechanism by the executive before the determination, which is theoretically called an executive preview. The urgency of this research stems from the fact that this mechanism is not regulated in Law Number 12 of 2011 concerning the Formation of Legislation, but only at the Ministerial Regulation level, thus creating legal uncertainty as well as the potential for executive intervention in the legislative function of the Regional People's Representative Council (DPRD). This research formulates two main questions, namely how the limits of executive authority in the practice of executive preview of the formation of Provincial/Regency/City Industrial Development Plan Regulations, and how the regulatory model is in line with the principles of regional autonomy and the function of regional legislation. The method used is normative juridical with a statutory approach, reviewing the Industrial Law, the Regional Government Law, the Law on the Formation of Legislation, and the Minister of Home Affairs Regulation Number 113 of 2018. The results of the study concluded that the executive preview in the preparation of the RPIP/RPIK Regional Regulation is constitutional as long as it is limited to the aspects of formal legality, planning synchronization, and vertical harmonization, not as an instrument of bureaucratic domination over regional policy choices. The need for explicit regulation of the evaluation mechanism for the RPIP/RPIK Regional Regulation draft in Article 245 of the Regional Government Law and the Law on the Formation of Legislation with a recommendatory, participatory, and proportional design.
Reconstructing the Limits of Limited Liability: Strengthening the Piercing the Corporate Veil Doctrine in Indonesian Corporate Law: Rekonstruksi Batasan Prinsip Tanggung Jawab Terbatas melalui Penguatan Doktrin Piercing the Corporate Veil dalam Hukum Perseroan Indonesia Nugroho, Handika Faqih; Putri, Kristiani Virgi Kusuma; Choula, Allytha
Lex Renaissance Vol. 11 No. 1 June 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol11.iss1.art6

Abstract

The principle of Limited Liability constitutes one of the fundamental pillars of corporate law, providing protection to shareholders by limiting their liability to the amount of capital they have invested in the company. This principle aims to encourage investment and promote economic growth by ensuring legal certainty for investors. However, in practice, the principle is often abused through the use of corporate entities as instruments to evade legal obligations, commit fraud, commingle personal and corporate assets, or cause harm to creditors and other third parties. Such circumstances have led to the development of the piercing the corporate veil doctrine as a corrective mechanism against the misuse of corporate legal personality. This study aims to analyze the limitations of the Limited Liability principle and examine the implications of the piercing the corporate veil doctrine within Indonesian corporate law. The research employs a normative juridical method using both statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal doctrines, scholarly literature, and relevant court decisions. The findings indicate that the principle of limited liability is not absolute. Indonesian Company Law provides exceptions that allow shareholders and corporate organs to be held personally liable in cases involving abuse of corporate form, undercapitalization, commingling of assets, or unlawful acts. The application of the piercing the corporate veil doctrine serves to balance investor protection, legal certainty, and creditor interests. Therefore, a more comprehensive regulatory framework is necessary, encompassing the codification of indicators of corporate misuse, the development of technical guidelines for judges, and harmonization with good corporate governance principles, to ensure consistent application of the doctrine and strengthen corporate accountability within the Indonesian legal system.
Reclaiming Human Rights: Afghan Women Journalists’ Struggle under Taliban Governance (2021–2024) Dehqanyar, Aghamah
Lex Renaissance Vol. 11 No. 1 June 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol11.iss1.art7

Abstract

Since the Taliban took power again in August 2021, women's rights in Afghanistan have gotten a lot worse. Women journalists have had some of the worst limitations. This article analyzes the legal and gender-based violations perpetrated against Afghan women journalists from 2021 to 2024, emphasizing Afghanistan's responsibilities under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Utilizing a descriptive-analytical and doctrinal legal technique, the study references international human rights instruments, United Nations reports, and recent academic literature. The analysis employs a Human Rights–Based Approach, augmented by perspectives from feminist legal theory, to evaluate the constitutionality of Taliban decrees governing media participation, employment, movement, and expression. The results show that these actions are systemic discrimination against women and violate basic rights, such as the right to work, freedom of speech, equality before the law, and the ability to take part in public life. International monitoring agencies have done a lot of work to document these transgressions, but the current accountability systems have not been very successful in dealing with them. The essay concludes that Afghan women journalists need better treaty-based oversight, acknowledgment of gender persecution under international law, and ongoing political and financial assistance for media groups run by women who are living in exile.

Page 34 of 34 | Total Record : 337

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