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Jurnal Ilmiah Raad Kertha
Published by Universitas Mahendradatta
ISSN : 26206595     EISSN : 27235564     DOI : https://doi.org/10.47532/jirk.v3i2
Core Subject : Social,
Social Sciences
Jurnal Ilmiah Raad Kertha is a peer-review scholarly Law Journal issued by Faculty of Law Universitas Mahendradatta which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). Jurnal Ilmiah Raad Kertha accepts submissions of scholarly articles to be published that cover original academic thoughts in Legal Dogmatics, Legal Theory, Legal Philosophy and Comparative Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 208 Documents
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PERLINDUNGAN KONSUMEN DI ERA CHATBOT DAN AI: PENDEKATAN HUKUM BISNIS DIGITAL Widiadnyani, I Gusti Ayu; Adnantara, Kadek Frediandrika
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.602

Abstract

The development of digital technology in the Industry 4.0 and Society 5.0 eras has brought significant changes in the interaction patterns between businesses and consumers. One of the rapidly developing innovations is the use of Artificial Intelligence (AI) and chatbots as a means of customer service in various sectors, including banking, e-commerce, and financial technology (fintech). Although this technology provides convenience and efficiency, its use also poses legal risks, such as misinformation, personal data leaks, and material and immaterial losses experienced by consumers. This study aims to analyze legal protection for consumers who interact with chatbot- and AI-based services through a normative legal approach with literature studies and analysis of laws and regulations. Some of the regulations reviewed include Law Number 8 of 1999 concerning Consumer Protection (UUPK), Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) in conjunction with Law Number 19 of 2016 Law No. 1 of 2024, Financial Services Authority (OJK) Regulation No. 6/POJK.07/2022, and the New Criminal Code (Law No. 1 of 2023). Research results show that current legal protection for consumers is still partial and does not specifically regulate the use of AI. AI is viewed merely as a tool, so responsibility remains with the business actors or corporations that operate it. The principles of strict liability and vicarious liability apply, where business actors remain fully responsible for losses incurred, even if errors occur in the AI system. Consumers have the right to compensation, personal data protection, and access to dispute resolution mechanisms, whether through negotiation, the Financial Services Authority (BPSK), the Financial Services Authority (OJK), or the courts. Specific regulations on AI are needed that address ethics, security, and clear accountability mechanisms for business actors. Thus, the development of AI technology can continue to support digital business innovation without neglecting consumer rights and protection in Indonesia's digital ecosystem.
TANGGUNG JAWAB PELAKU USAHA TERKAIT KERUGIAN YANG DITIMBULKAN OLEH PENGGUNAAN AI DALAM LAYANAN KONSUMEN I.G.N. Wira W.Wp.M.S; Luh Merry Dyanthi
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.603

Abstract

The development of Artificial Intelligence (AI) technology in the business sector has brought significant innovation, particularly in customer service through chatbots, recommendation systems, and service robots. However, AI is not a legal entity, but merely a tool programmed and controlled by businesses. Therefore, responsibility for losses arising from the use of AI remains with the business as the party that benefits from and controls the system. In consumer protection law, a business is defined as the party that produces, distributes, or provides goods or services to consumers.
REFORMASI SISTEM PERIZINAN BERBASIS RISIKO DAN IMPLIKASINYA TERHADAP KEPASTIAN HUKUM DI INDONESIA I Wayan Kartimin; IM. ArjayaIM. Arjaya; I Wayan Terimajaya
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.604

Abstract

The licensing system in Indonesia has undergone a fundamental transformation through Law Number 6 of 2023 concerning Job Creation, which introduced a risk-based licensing approach. This study analyzes the concept, implementation mechanisms, and implications of the risk-based licensing system for legal certainty in Indonesia. A normative legal research method was used, with both statutory and conceptual approaches. The results show that the risk-based licensing system classifies business activities into four risk levels with varying requirements, integrated within the OSS system to improve the ease of doing business. The implications for legal certainty are ambivalent: positive in the form of simplified procedures, standardized requirements, and increased predictability; but also creating uncertainty in risk assessment criteria, regulatory inconsistencies, a shift from preventive to repressive approaches, and weak oversight. Key challenges include regulatory harmonization, institutional capacity, compliance culture, and the balance between ease of doing business and protecting the public interest. The study recommends regulatory refinement, institutional strengthening, increased oversight, transparency, public participation, continuous evaluation, and a strengthened compliance culture to ensure legal certainty in the risk-based licensing system.
PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN SEPEDA MOTOR DI WILAYAH HUKUM POLSEK KUTA UTARA I Wayan Eka Artajaya
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.605

Abstract

Restorative justice, as a means of peacefully resolving conflicts outside the courts, remains difficult to implement. In Indonesia, many customary laws can be used as restorative justice, but their existence is not recognized by the state or codified in national law. Customary law can resolve conflicts that arise in society and provide satisfaction to the conflicting parties. The idea of restorative justice emerged as a critique of the criminal justice system, which relies on imprisonment for resolving social conflict, which is considered ineffective. This is because the parties involved in the conflict are not involved in conflict resolution. Victims remain victims, and perpetrators are imprisoned, creating new problems for families, and so on.
PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN SEPEDA MOTOR DI WILAYAH HUKUM POLSEK KUTA UTARA I Nyoman Suryana
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.606

Abstract

In essence, resolving criminal acts based on restorative justice at the police level involves a legal product in the form of a settlement carried out in the form of a termination of the investigation and inquiry, or the issuance of an SP3 (Investigation Termination Order), on the grounds that the perpetrator and victim have agreed to reconcile regarding the crime committed. Or, through a peace agreement letter signed by the parties. Restorative justice settlement at the police level is carried out with material and formal requirements. This is regulated in Articles 5 to 6 of Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice.
KAJIAN PENEGAKAN HUKUM JUDI ONLINE DALAM PERSPEKTIF HUKUM DI INDONESIA Komang edy Dharma Sapurta; Kadek Dedy Suryana
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.607

Abstract

The development of information technology, especially internet media technology, not only meets the needs of society for efficiency and convenience for those who want something practical, but also gives rise to new forms of crime. This crime is committed by utilizing technology such as computers and internet media as its mode of operation. Through the internet media, various types of crimes can occur, ranging from pornography to gambling crimes.
RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PELANGGARAN PRINSIP KEHATI-HATIAN DALAM PERBANKAN I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.608

Abstract

Violation of the principle of prudence in banking has the potential to cause economic losses and weaken public trust in the financial system. So far, the repressive settlement approach has not been fully effective in creating substantive justice. This study aims to analyze the application of Restorative Justice by the Bali Police in resolving banking crimes, and to identify the factors underlying its selection. The study uses a normative-empirical method with a regulatory approach, interviews, and analysis of legal practices
PERLINDUNGAN HUKUM BAGI KREDITUR TERHADAP JAMINAN FIDUSIA DALAM WANPRESTASI DEBITUR Made Mulyawan Subawa
Jurnal Ilmiah Raad Kertha Vol. 9 No. 1 (2026): Jurnal Ilmiah Raad Kertha
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47532/raadkertha.v9i1.609

Abstract

Fiduciary is a form of guarantee for movable objects in addition to pawn which is developed by jurisprudence. Fiduciary guarantee is regulated by Law Number 42 of 1999. After the issuance of Constitutional Court Decision Number 18/PUU-XVII/2019, the executorial power of the fiduciary guarantee certificate has become different. The explanation in the ruling of the Constitutional Court Decision 18/PUU-XVII/2019 has granted the applicants' request in part and stated that the phrase contained in Article 15 Paragraph (2) and its explanation and Paragraph (3) of the Fiduciary Law is contrary to the 1945 Constitution as long as it is not interpreted as interpreted by the Panel of Judges of the Constitutional Court as contained in the Decision. The purpose of this study is to determine and describe the legal protection for creditors against Fiduciary Guarantees in the event of debtor default following the Constitutional Court Decision No. 18/PUUXVII/2019. The research method used is an empirical juridical approach, and the research specifications used in this study are descriptive analytical.

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