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Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang
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Jurnal Ilmiah Dunia Hukum
Published by Universitas 17 Agustus 1945 Semarang
ISSN : 25286137     EISSN : 27210391     DOI : -
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Jurnal Ilmiah Dunia Hukum (JIDH) diterbitkan oleh Program Studi Hukum Program Doktor Fakultas Hukum Universitas 17 Agustus 1945 Semarang. JIDH merupakan e-jurnal sebagai media publikasi bagi akademisi, peneliti, dan praktisi dalam menerbitkan artikel ilmiah di bidang isue hukum kontemporer. Ruang Lingkup jurnal ini meliputi kajian hukum Pidana, Perdata, Tata Negara, Administrasi Negara, Hukum Internasional, Hak Asasi Manusia, Hukum Adat, dan Hukum Lingkungan.
Arjuna Subject : -
Articles 106 Documents
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The Death Penalty from a Criminal Law Perspective: Between the Deterrent Effect, Morality, and Human Rights Muhammad Syaifudin Hisbullah; Elly Trisnawati; Ana Krisdiyana; Valencia Angel; Eko Budi
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6714

Abstract

This article examines the complexities of the death penalty in Indonesia, emphasizing three key aspects: its effectiveness as a crime deterrent, its moral and ethical legitimacy, and its compliance with human rights and international obligations. The study employs a normative-juridical approach with descriptive analysis, combining legislative and conceptual approaches to examine the Criminal Code, the Narcotics Law, court decisions, academic literature, and international publications. The analysis shows that the effectiveness of the death penalty as a deterrent remains debated, as social, economic, educational, and environmental factors often play a greater role in determining criminal behavior than the threat of physical punishment. From a moral and human rights perspective, the death penalty poses a dilemma between the utilitarian principle, and the deontological principle. Constitutional Court and Supreme Court decisions, as well as Law Number 1 of 2023, emphasize selectivity, proportionality, probation, and a restorative approach as an effort to balance the interests of the public, victims, and perpetrators. The Islamic legal approach through qisas and diyat also offers a humanistic restorative alternative. Thus, the death penalty in Indonesia must be implemented fairly, selectively, and humanely, in accordance with legal ethics, human rights principles, and the values of social justice.
Civil Liability for Artificial Intelligence in Electronic Contracts: A Conceptual Framework in Indonesian Law Lilisen Lilisen; Narpika Yendra; Pudji Natalya M; Hendy Liusgria; Tjhang Kian On; Hetiyasari Hetiyasari
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6713

Abstract

The integration of Artificial Intelligence (AI) into electronic contracts introduces new legal challenges, particularly regarding civil liability for losses caused by algorithmic errors or system failures. This study aims to examine the mechanisms for enforcing such liability within the Indonesian legal framework by analyzing both tort-based responsibility and contractual liability arising from electronic transactions. Using a normative juridical method supported by statutory, conceptual, and comparative approaches, this research evaluates the relevant legal provisions, liability principles, and international practices. Under Article 1365 of the Civil Code, parties controlling or benefiting from AI may be held liable if negligence leads to harm. Meanwhile, the electronic information and transactions Law and Government Regulation 71 of 2019 provide the foundation for contractual claims, including obligations related to system reliability, data integrity, and digital audits. The findings show that enforcing liability requires clear causal proof, algorithmic transparency, and the ability to assess both material and non-material losses. Comparative cases such as Deloitte Australia, DoNotPay, and OpenAI demonstrate the global relevance of due diligence, algorithm auditing, and human accountability. This study concludes that Indonesia’s existing legal framework offers adaptive mechanisms for addressing AI-related losses, while emphasizing the need to strengthen regulatory clarity and accountability standards in the digital era.
The Urgency of Criminalizing Femicide as a Specific Crime within the Indonesian Legal System Novia Rahmadani; M. Rizki Yudha Prawira
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6718

Abstract

This research discusses femicide, which is the most extreme form of gender-based violence, but the Indonesian legal framework, particularly the Criminal Code (KUHP) and the Law on Sexual Violence Crimes (UU TPKS), does not explicitly recognize gender-motivated murder of women. As a result, femicide cases continue to be prosecuted under general homicide provisions without acknowledging discriminatory motives, leading to inadequate legal protection and disproportional sentencing. This research aims to analyze the urgency of criminalizing femicide as a special offense and to formulate an ideal legal concept for its regulation within the Indonesian criminal justice system. Using a normative juridical method supported by statutory, comparative, and conceptual approaches, this study examines national legal norms, international human rights instruments, and comparative legislation from Argentina, Chile, and Mexico. The findings show that a specific femicide offense is essential to fill normative gaps, incorporate gender-based motives as an aggravating factor, and strengthen state obligations under Convention on the Elimination of All Forms of Discrimination Against Women, the Belém do Pará Convention, and other global standards. The study concludes that Indonesia requires a dedicated femicide law based on lex specialis principles, gender-sensitive investigation and adjudication mechanisms, and integrated victim-protection measures to ensure a more just, responsive, and gender-equitable criminal law system.
Prospects for Regulating a Dog Meat Consumption Ban in Indonesia: A Comparative Study with Taiwan Raisya Syafira Zahra; Kayus Kayowuah Loweleba
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6638

Abstract

The rapid development of the pet industry in Indonesia has been accompanied by an increase in unethical dog trade practices, ranging from exploitation in breeding to cruelty in distribution and slaughter. This study aims to examine how the form and substance of regulations prohibiting the consumption of dog meat based on the Taiwan Animal Protection Act (TAP) are implemented in Taiwan and how they can be applied in Indonesia. The normative legal method used in this study is an approach comparing Indonesian and Taiwanese regulations. The results of this study show that the TAP explicitly prohibits the consumption, sale, and killing of dogs. They also impose heavy criminal and administrative sanctions and enforcement mechanisms used by animal protection inspectors and local government agencies. In contrast, law enforcement in Indonesia relies on Article 302 of the Criminal Code and Law Number 18 of 2009 concerning Animal Husbandry and Health because there is no clear law regulating the consumption of dog meat. Therefore, Indonesia needs to implement special regulations such as TAP or laws to close legal loopholes and improve animal welfare protection, especially for protection against the sale of dog meat consumption.
Regulatory Vacuum in Indonesian Law on AI Model Training: Legal Responsibility for Copyright Infringement in Kadrey Vs. Meta Rheyna Reva Rachman; Aurora Jillena Meliala
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6724

Abstract

The development of artificial intelligence (AI), particularly big data-based generative models, has created new challenges in copyright protection. This research examines the regulatory gap in Indonesian law regarding the use of copyrighted works as training data in AI model training, focusing on normative analysis and a case study of Kadrey Vs. Meta Platforms Inc. The research method used in this article is normative law, conducted by examining the legal norms contained in laws and regulations. The results of this study demonstrate that the widespread use of unauthorized creative works has the potential to violate the economic and moral rights of creators, while also opening up debate regarding the application of the principle of fair use in the context of modern AI. In Indonesia, the unclear definition of creator, the status of AI-generated works, and the lack of regulations regarding dataset transparency and permission mechanisms exacerbate the existing legal vacuum. This research concludes that Indonesia needs comprehensive legal reform to regulate the use of copyrighted works in AI training. Thus, regulatory updates are urgently needed to ensure that technological advancements do not diminish legal protection for creators and the national intellectual property ecosystem.
Legal Deconstruction of Digital Consumer Protection through the Potential Implementation of Data Portability Principles in Indonesia Raden Budi Nurjaman; Yuyut Prayuti
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6559

Abstract

This research analyzes the effectiveness of legal protection for consumers in digital business transactions in Indonesia through the principle of data portability, focusing on the financial technology and electronic commerce sectors. Indonesia ranks thirteenth globally in data breaches, with around 156.8 million personal data records leaked from 2004 to April 2024. Since 2017, the Financial Services Authority has closed more than eleven thousand illegal financial entities, many of which misused consumer data. These problems show the urgent need for stronger rules to give consumers better control over their personal information. The study aims to examine how the principle of data portability is applied in practice and how the Consumer Protection Law and the Personal Data Protection Law can work together to create a safer digital environment. It uses a normative juridical method with statutory, comparative, and case study approaches. The findings reveal that most businesses lack proper systems for data transfer and have not reached international standards. The main obstacles are the absence of clear technical guidelines, limited supervision resources, and low awareness among companies. In conclusion, stronger government regulations, better infrastructure, multi-stakeholder support, and public education are needed to make data portability a real tool for protecting digital consumers and building trust in Indonesia’s growing digital economy.
Legal Liability of AI Developers for Individual Interactions with Chatbots Resulting in Death: A Comparative Study Khairunnisa Maharani; Sinta Dewi Rosadi; Nella Sumika Putri
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6768

Abstract

The development and use of Artificial Intelligence (AI) in platforms such as chatbots has raised ethical and legal concerns. This study aims to examine the legal responsibilities of AI developers, focusing on the case of Garcia Vs. Character Technologies, in which a teenager’s death was allegedly influenced by interaction with an AI chatbot. This study compares Indonesian and European Union legal frameworks on AI developer liability for harms arising from chatbot interactions. This study is a legal study that uses a normative juridical approach by conducting a review of legislation and comparing laws with other countries to answer the research questions. The results show that the regulation of AI ethics in Indonesia is still developing and relies on the Electronic Information and Transactions Law and the Personal Data Protection Law, which do not specifically regulate AI, while the European Union already has more comprehensive regulations. The responsibilities of AI developers, such as those in chatbot platforms, include ensuring system security from physical or psychological impacts, protecting personal data, and ensuring fair and transparent algorithms. Universally, both in Indonesia and the European Union, developers are required to comply with the principles of safety, fairness, and human rights by conducting testing to avoid bias and negative impacts on users.
Violation of the Constitutional Rights of the Ahmadiyah Manis Lor Congregation in the Perspective of Freedom of Religion Jaedin - Jaedin; Rahayu Rahayu; Yunanto Yunanto
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6926

Abstract

This study examines violations of the constitutional rights of the Indonesian Ahmadiyya Congregation (JAI) in Manis Lor, Kuningan, particularly in terms of administrative aspects of marriage and freedom of religion. The main issues are restrictions on religious activities and obstacles to marriage registration, which result in discrimination against the basic rights of the congregation. These violations range from restrictions on activities, intolerance in the form of rejection by civil society, and human rights violations in the form of government intervention. The research used a normative legal method with a legislative and conceptual approach, looking at empirical facts in the field, as well as John Rawls' analysis of justice as fairness to assess the principles of equality and legal justice. The results of the study show that regional policies such as Kuningan Regent Decree No. 451.7/KEP.58-Pem. Um/2004 and Circular Letter No. 300/477-Kesbangpol/2005, and West Java Governor Regulation No. 12 of 201, Letter No. 200.1.4.3/4697/BKBP and Letter No. 200.1.4.3/4666/ BKBP prohibiting and restricting Ahmadiyah activities that contradict Article 27 paragraph (1), Article 28D paragraph (1), Article 28E paragraphs (1)-(2), and Article 29 paragraph (2) of the 1945 Constitution, which guarantee freedom of religion and equality before the law. Therefore, the Supreme Court and the Administrative Court (PTUN) as judicial institutions under its authority must revoke and annul the regulation. The study recommends the revocation of this discriminatory policy and the harmonization of local regulations with the 1945 Constitution and Law No. 39 of 1999 on Human Rights, so that the principles of constitutional justice and freedom of religion can be realized in Kuningan Regency
A Comparative Study of Digital Crypto Investor Protection Between Indonesian Law and Japanese Law Alfarel Endito Putra; Aurora Jillena Meliala
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6731

Abstract

The development of blockchain-based financial technology has created a trading tool known as crypto assets. The rapid growth of crypto assets in Indonesia and Japan offers financial innovation but also presents high risks, including speculation, fraud, and inadequate investor protection. This study aims to analyze and compare the forms of legal protection for crypto asset investors in Indonesia and Japan, as well as assess the role of the government and exchange companies in ensuring the security and public trust in digital assets. This study uses a normative juridical method with a comparative approach, through an analysis of laws and regulations, government policies, and case studies of Indodax (Indonesia) and Coinchek (Japan). The results of this study indicate that the Indonesian legal system, currently regulated by Commodity Futures Trading Regulatory Agency (Bappebti ) still treats crypto as a trading commodity, resulting in more administrative liability and not yet fully protecting investors. In contrast, Japan, through its Financial Services Agency (FSA), has designated crypto as a legal means of payment with a stronger protection system. This research confirms that the role of government and exchanges is the most important factor in achieving effective legal protection in the crypto asset sector.
Civil Legal Relationship between Doctors and Patients in Online Health Services Muhammad Arismunandar; Arman Lany
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6558

Abstract

The background to this research is unclear regulations regarding online healthcare services provided via the internet. Law Number 29 of 2004 concerning Medical Practice defines a patient as an individual who consults with a doctor directly or indirectly and requires the patient to provide honest and good faith information. However, its implementation in online services remains legally uncertain. This study aims to analyze the legal framework governing online healthcare services in Indonesia, examine whether doctor–patient relationships in online services comply with professional standards and medical ethics, and identify legal gaps arising from their implementation. The research employs a normative legal research method using statute and conceptual approaches, supported by primary, secondary, and tertiary legal materials obtained through literature review. The findings show that online healthcare services remain legally grounded in therapeutic agreements based on good faith, professionalism, and informed consent, even without direct physical interaction. However, current regulations are not yet comprehensive, particularly concerning electronic consent, platform responsibility, and dispute resolution mechanisms. In conclusion, although online healthcare services are legally permissible, clearer and more integrated regulations are required to ensure legal certainty, patient protection, and professional accountability in digital healthcare practices.

Page 10 of 11 | Total Record : 106

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