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Jurist-Diction
Published by Universitas Airlangga
ISSN : 27218392     EISSN : 26558297     DOI : 10.20473/jd.v3i3.18622
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of Jurist-Diction is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; Constitutional Law; Administrative Law; International Law; Islamic Law; Law and Society; Economic and Business Law; Environmental Law; Medical Law; and Labour Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 710 Documents
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Criminal Liability in Press Law and Artificial Intelligence-Generated Disinformation: Urgency of Reform in Indonesia Arifin, Zainal; Handayani, Emi Puasa
Jurist-Diction Vol. 8 No. 3 (2025): Volume 8 No. 3, September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i3.77087

Abstract

Artificial intelligence (AI) presents significant challenges to the criminal liability framework under Indonesian press law, particularly in the regulation of AI-generated disinformation. This paper addresses these challenges through normative legal research, employing statutory, comparative, and conceptual approaches. The findings demonstrate that existing press law provisions are inadequate to regulate the complexity of AI-driven disinformation. This inadequacy has created a legal vacuum regarding accountability, undermining both legal certainty and the effectiveness of press regulation in the digital era. The paper argues that reform is urgently required to strengthen accountability while safeguarding press freedom. Such reform must incorporate the principles of prudence, independence, and AI ethics to ensure that press law remains responsive to technological innovation and continues to uphold the integrity of digital journalism.
A Comparative Analysis of the Scope of Immaterial Damage in Indonesia and the Netherlands Arnapi, Muhammad Almer Putera
Jurist-Diction Vol. 8 No. 3 (2025): Volume 8 No. 3, September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i3.77262

Abstract

The determination of immaterial damage often hinges on judicial discretion, a practice that raises important questions of fairness and consistency across jurisdictions. This paper examines how such discretion operates in Indonesia and the Netherlands. Using a normative legal method and comparative analysis, the study evaluates statutory provisions and judicial practice. Dutch law recognizes three grounds for compensation in cases of immaterial damage. In practice, however, judges apply a two-tiered test: first, to determine whether the victim’s situation falls within the recognized grounds, and second, to assess whether the suffering is of sufficient severity. In contrast, Indonesian law provides no explicit rules on immaterial damage, leaving judges with broad discretion but without official guidelines. The reliance on discretion in both jurisdictions highlights risks of subjectivity and underscores the need for clearer standards to ensure fairness and legal certainty in compensation.
Questioning Environmental Rights: The Role of NGOs in Horizontal Environmental Disputes in South Africa and Indonesia Fersanda Batrysia Alaina
Jurist-Diction Vol. 8 No. 3 (2025): Volume 8 No. 3, September 2025
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i3.77740

Abstract

Significant gaps in environmental protection continue to arise from the combined pressures of climate change, human rights challenges, and institutional weaknesses. This paper compares the distinct roles of non-governmental organizations (NGOs) in addressing environmental and climate change disputes in Indonesia and South Africa. Employing a comparative legal analysis of each country’s horizontal human rights framework and relevant case studies, the study identifies notable divergences in NGO strategies. In South Africa, the direct horizontal application of rights enables NGOs to pursue strategic litigation that strengthens corporate accountability. By contrast, Indonesia’s indirect horizontal application compels NGOs to rely more heavily on public advocacy, mobilization, and judicial interpretation to confront both state and private actors. The paper concludes that NGOs play a supplementary role by providing expertise and resources to enhance policy and enforcement. It argues that adopting a direct horizontal application, as in South Africa, could strengthen Indonesia’s capacity to hold multinational corporations directly accountable for environmental harm.
Examining the Legal Foundations of Political Party Liability for Money Laundering Fitriyana, Lolita; Firmansyah, Ridho
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i3.77409

Abstract

Political parties serve as platforms for individuals before they are nominated for state office. State officials, in turn, carry a significant risk of engaging in corrupt practices. However, to date, there has been no case in Indonesia in which a corruption offense committed by a state official who is also part of a political party’s leadership has resulted in the political party itself being held criminally liable. Given the frequency of such incidents, this study seeks to contribute to law-enforcement efforts to prevent and address this issue, particularly when political parties benefit from the unlawful actions of their members or officials. In addition to a statutory approach, this research adopts conceptual and case-based analyses to reinforce its findings. The results indicate that, as legal entities, political parties can indeed be held criminally liable.
The Future of Indonesian Asset Confiscation Through the Unexplained Wealth Order (UWO) Mechanism: A Comparative Study with the UK Adinda Maura Salwa
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.71880

Abstract

This study conducts a normative legal analysis using a comparative approach to examine the asset confiscation laws in Indonesia and the UK. The main objective of the study is to evaluate the effectiveness and efficiency of the asset recovery mechanisms aimed at addressing state losses due to corruption. In the UK, the implementation of the Unexplained Wealth Order (UWO) has successfully navigated various legal and institutional challenges in the asset recovery process. In contrast, Indonesia continues to face obstacles due to its reliance on a conventional approach that necessitates criminal penalties before asset confiscation can occur. This study utilizes primary legal materials, such as regulations and jurisprudence, along with secondary legal resources, to identify the differences in procedures and institutions involved in asset confiscation between the two countries. The novelty of this lies in the description of the two-asset confiscation legal systems that, in previous studies often examined separately. The study results recommend that Indonesia should promptly ratify the Asset Confiscation Bill by adopting strategic elements from the UWO mechanism in the UK to enhance its asset recovery efforts.
The Problematics of Applying Living Law as a Basis for Criminalization in the Indonesian Criminal Code Iwan Kurniawan; Riki Afrizal; Putra, Antoni
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.76922

Abstract

The application of the living law concept within Indonesia’s criminal law system, as regulated in the new Criminal Code (KUHP), opens a new dimension in recognizing customary law and social norms that exist within society. This concept seeks to create a legal system that is more responsive to social and cultural diversity, while accommodating local norms within the criminal justice process. However, the recognition of living law also raises significant issues, particularly with respect to the principle of legality in criminal law, legal uncertainty, and the potential for abuse of power by law enforcement authorities. This study aims to analyze the problems associated with the implementation of living law as a basis for criminalization under the KUHP, using a normative juridical approach and relying on both primary and secondary legal sources. The discussion includes the identification of challenges arising from the ambiguity in the acceptance and proof of customary norms in legal practice, as well as these norms’ impact on legal certainty and the protection of human rights. Furthermore, this article proposes alternative approaches to the application of living law that are more selective and firmly grounded in the principles of justice and human rights. The findings indicate that although living law can enhance respect for legal pluralism, its implementation must go through strict and transparent verification mechanisms to prevent legal uncertainty and discrimination. Therefore, clear regulations are needed regarding the recognition and limitations of living law norms within the criminal justice system, along with a more restorative approach to dispute resolution.
Legitimacy of Delegating Authority to Third Parties in Procurement Contracts via Private Power of Attorney Muhammad Asyikin; La Ode, Muhamad Taufik
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.76990

Abstract

Legal certainty in government procurement contracts is essential to ensuring accountability in state budget use. This study examines a case involving issuance of an informal power of attorney by a service provider’s director to a third party not named in the main contract for a clean water infrastructure project in West Halmahera Regency. The research assesses the legal validity of such delegation and its implications for contractual relationships. Using a normative legal approach, the study applies qualitative analysis of statutory provisions, contract doctrines, and a case study. Findings indicate that a power of attorney granted to a third party without explicit reference in the principal contract lacks binding legal effect and does not establish a direct legal relationship with the government. Such practices risk state losses due to implementation beyond the agreed legal framework. The study recommends reinforcing technical regulations and legal oversight to prevent abuse and uphold legal certainty.
The Concept of Human Rights-Based Criminal Punishment for Children Who Commit Murder Iskandar, Ismail; Syamsuddin Muchtar; Hijrah Adyanti Mirzana; Audyna Mayasari Muin; Muhammad Hasrul; Rafika Ramli
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.77275

Abstract

Murder committed by children is a serious crime that causes shock in society and poses a challenge to the criminal justice system. In handling such cases, the state is not only obliged to enforce the law and provide justice for the victims, but also to guarantee the protection of the human rights of the child perpetrator, in accordance with the principles of human rights (HAM). This study aims to examine the concept of sentencing children who commit murder using a human rights-based approach. The method employed is normative research, involving an analysis of national legislation, specifically the National Criminal Code and the Child Criminal Justice System Law (UU SPPA), as well as international instruments such as the Convention on the Rights of the Child. The findings indicate that although murder is classified as a serious crime, the approach to sentencing children must uphold the principles of non-discrimination, the best interests of the child, and the right to rehabilitation.
The Ambiguity of Copyright Law in Photography Based on Artificial Intelligence within the Radburch Formula Framework Naufal, Yamani
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.79285

Abstract

The development of artificial intelligence (AI) technology has presented new challenges in the copyright law regime. One of these challenges is the emergence of photographic works that are produced entirely or partially by AI. The main issues that arise are who can be categorized as the creator, whether the work meets the elements of originality, and how AI-based creations are protected by law. In the Indonesian context, Law No. 28 of 2014 on Copyright does not explicitly regulate the position of AI works, thus creating legal uncertainty. This study uses a normative legal method with a conceptual approach. The results of the analysis show that there is a normative gap regarding the legal subject in AI creations, as well as a debate regarding the requirements for originality. Therefore, regulatory reconstruction is needed, either by expanding the definition of creator or through a specific attribution model, so that legal protection can reflect the principles of certainty, fairness, and benefit.
Ethical Deepfake Governance: EU AI Act Benchmarks and Indonesia Multi-Stakeholder Responses Pratama, Juan
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.80885

Abstract

AI-based deepfakes pose a threat to the digital community. Their massive spread has led to various problems, including fraud, threats to social cohesion, reputational damage, and the erosion of social values. Based on this, researchers conducted a study on AI-based deepfakes in Indonesia and formulated comprehensive provisions and strategies to address them. The researchers used a normative legal research method, drawing on regulatory, conceptual, case, and comparative law approaches. Furthermore, this study focused on the urgency of regulating AI-based deepfakes within Indonesia's positive legal system, the formulation of regulations based on comparisons with the EU AI Act, and management strategies that emphasize multiparty elaboration. In this case, this research produced a formulation of AI-based deepfake provisions in Indonesian positive law and a strategy for handling the misuse of this technology, namely the SMART-G Framework. It is hoped that this strategy can unite regulation, technology, and public participation to create a fair digital space in Indonesia.

Page 71 of 71 | Total Record : 710

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