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Indonesian Journal of Law and Society Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember East Java, Indonesia 68121 Tel: (+62) 331 335462, 322808 Fax: (+62) 330 482, 322809
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INDONESIA
Indonesian Journal of Law and Society
Published by Universitas Jember
ISSN : 27224074     EISSN : 27224074     DOI : https://doi.org/10.19184/ijls.v1i2.18091
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Law and Society is an international peer-reviewed journal published by the Faculty of Law, University of Jember, Indonesia. The publication contains a rich store of legal literature analyzing legal development. This platform continues to advance the boundaries of global and local developments in law, policy, and legal practice by publishing cogent and timely articles, commentaries, and book reviews on a biannual basis. The journal covers both domestic and international legal developments. This platform provides a venue for distinguished scholars and new academics around the world to share their academic works. The publication is primarily dedicated to encouraging scholarly attention and advancing the intimate knowledge of recent discourses on law and society. This journal recognizes that the boundaries in the study of law have become increasingly porous. So too, there is a relevant relationship between law and society. The publication in this journal reflects and values this intellectual cross-fertilization.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives" : 7 Documents clear
Artificial Intelligence (AI) In Judiciary Processes Alam, Syariful; Salsabila, Mutiara Shaquila; Al-Fatih, Sholahuddin
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.42798

Abstract

Artificial intelligence (AI) is part of increasingly sophisticated technological developments in various sectors, including in the legal and judicial sectors. The data source used in this paper uses books and other literature in the form of articles in English from 2000 to 2023. Basically, AI can change the flow of trials in court, starting from pre-trial administrative matters and the trial process to post-trial as a form of rehabilitation for all parties. It is even possible that Ai will add other alternatives to the trial in its process so as to make the final decision produce a just and impartial decision. Even so, the application of AI is quite controversial, especially because the parties involved in the previous trial did not understand the matters that could be represented by the implementation of AI. growing points ultimately function effectively in the judiciary process. it's just that, in its management, carefulness is needed so that the trial runs effectively, not the other way around. guidelines must be made regarding AI governance, limitations in its implementation, especially the extent to which AI can work safely in the realm of justice until continuous research is needed on this matter.
The Intersection of AI Advancements in Judicial Systems and Media Trials Ramadhani, Evyta
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.48070

Abstract

In the ever-evolving landscape of jurisprudence, the integration of technology, particularly Artificial Intelligence (AI), has become increasingly prevalent, reshaping the dynamics of judicial proceedings and legal discourse worldwide. Concurrently, the phenomenon of "media trials" has gained momentum, particularly in countries like the United States and the United Kingdom, where media influence often intersects with legal processes. When talking about technological advancements, especially in the context of Artificial Intelligence, we often get caught up in thinking that technology is a neutral and objective entity. Advancements in AI have revolutionized various aspects of judicial systems, promising efficiency, accuracy, and accessibility. From case management to legal research and predictive analytics, AI-powered tools have emerged as indispensable assets for legal professionals. In adjudication, AI algorithms are increasingly utilized for tasks such as document analysis, evidence evaluation, and even judicial decision-making in some contexts.
Dual Empire of Penal System Tanaem, Jerymia Seky; Al-Uyun, Dhia; Aprilianda, Nurini
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.43718

Abstract

This study aimed to determine and analyze the "Ratio Decidendi" of Military judges at the Surabaya High Military Court III in deciding case Number 5K /PMT.III/AD/I/2022 against perpetrators of budget abuse by Military officials. The research method used by the author is a normative legal research method, by conducting research synchronization, systematics, and legal comparisons. The writer uses this type of normative legal research because, in formulating the problem, the writer emphasizes ratio decidendi to Military court decisions for misuse of budget management. This was influenced by the fact that Military Defendants who committed acts of misusing billions of rupiah in the budget were only sentenced to "Abuse of Power,” which refers to the Indonesian Military Code, with three months and twenty days in prison. In contrast to the main element, every person benefits himself and others or a corporation by abusing his authority, opportunities, or facilities available to him because this position or position can harm the country's finances and economy. Law No. 31/1999 Jo Law No. 20/2001 concerning the Eradication of Corruption Crimes should be a reference and basis for applying sanctions for criminal acts of corruption within the Military, not only referring to the provisions in the Army's Criminal Code. Keywords: Military Court, Military Penal Code, Corruption, Corruption Court, The Corruption Eradication Commission
Nancy Pelosi's Diplomatic Visit Against US-Taiwan Military Agreement Provides China Threat Gunawan, Yordan; Mareto, Irvan
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.38214

Abstract

The Chinese government opposes the planned visit of the Chair of the House of Representatives of the United States (US) Nancy Pelosi to Taiwan. Beijing said the trip would endanger the sovereignty and territorial integrity of the Bamboo Curtain state. China is known to claim Taiwan as part of its territory. But Taiwan has repeatedly stated that it is an independent state under the name of the Republic of China. Taiwan has always maintained that Beijing has never ruled it and has no right to speak on its behalf. One of China's efforts to "reunify" Taiwan, as was discussed by President Xi Jinping 2021, said that reunification is a historical mandate and must be fulfilled. China has a military that is superior to Taiwan because apart from taking contingency actions against Taiwan, it is also to face the United States military in the Indo-Pacific. The United States will seek to support a politically, militarily, and economically democratic Taiwan. The US does not have a dismal relationship with Taiwan. But he supports Taipei in dealing with Chinese threats. US President Joe Biden even stated that his state was ready to deploy force if China attacked Taiwan. Keywords: Nancy Pelosi, Diplomatic, One China Policy, Agreement
Democratization of Filling Regional Head Positions Rogers, Maurice; Sagala, Christo Sumurung Tua; Munte, Herdi
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.39425

Abstract

The 2024 simultaneous regional head elections have significant implications for leadership vacancies across various regions. Consequently, to address these vacancies, interim regional heads will be appointed until definitive regional heads are elected following the 2024 elections. This paper aims to scrutinize the representation of the populace within the framework of appointing regional heads in Indonesia and to evaluate the concept of democratization as an ideal approach for selecting acting officer of regional heads. Through a normative analysis of diverse sources and prevalent social phenomena, it is asserted that democratization in the process of appointing regional heads is imperative for fostering leaders' accountability to their constituents. However, the current practice of appointing regional heads in Indonesia often diverges from democratic principles. Central government retains exclusive authority to appoint acting officer of regional heads through a closed, non-transparent process devoid of public participation. This process risks signaling vested interests between the appointing authority and the recipients of office. Therefore, reforming the system for appointing acting officer of regional heads becomes imperative to facilitate public involvement directly or through parliamentary institutions. This involvement should span the proposal, discussion, determination, monitoring, evaluation, and dismissal stages of acting regional heads. Furthermore, candidates for these positions should be limited based on the principle of regional autonomy. This entails requiring candidates to originate from the state civil apparatus as administrative officials or civil servants with extensive experience in the relevant region. Such requirements ensure that candidates possess a comprehensive understanding of governmental managerial duties, public service obligations, and the specific conditions and needs of the region and its populace. Keywords: Regional Head Vacancy, Representation of the People, Acting Officier of Regional Head, Simultaneous Regional Head Election 2024
Beyond the Lens Alif Ovi, Dewan; Sakib, Mohtasin
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.44199

Abstract

The growing number of media trials in Bangladesh is threatening the protection of human rights, especially the right to privacy. This ubiquitous phenomenon intertwines with the fundamental fabric of societal dynamics in this nation. A person's right to privacy is put under threat when they are publicly vilified through the media before their day in court, highlighting the reciprocal nature of media trials and the judicial process. This research critically evaluates the degree to which media trials infringe upon the basic rights of individuals through the use of a qualitative approach. The article explores the intricate relationship between media trials and the fundamental human right to privacy. This analysis rigorously examines the impact of media intrusion on the infringement of individuals' rights to privacy. It also talks about the tricky problem of finding the right balance between protecting the media's valued independence and putting reasonable limits on them, as required by local laws and global policy frameworks. Key findings show that privacy and media freedom are constitutionally protected. The study notes that extensive media trials influence public opinion, throw doubt on justice, and invade privacy. Media freedom and privacy must be balanced in the nation's emerging democracy. The paper suggests setting specific digital media rules, creating a social media regulating agency, and restricting police information sharing during investigations to prevent prejudiced media trials. Journalistic integrity and impartiality must be promoted, and government regulatory authorities should be reinforced to regulate media outlets. In the changing democratic landscape of Bangladesh, this article takes on the difficult job of looking into ways to find a balance between media freedom and the inalienable right to privacy. Keywords: Media trails, right to privacy, Fair trail, Excessive media effects, Legal instruments, Balancing.
Accessibility of Pharmaceutical Product Patents for Public Health Through the TRIPs Waiver Muis, Lidya Shery
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.38647

Abstract

TRIPs waiver is a bilateral or multilateral agreement proposed by member countries as an exception to the TRIPs agreement during the Covid-19 pandemic. The TRIPs waiver aims to urge WTO member countries to exclude and waive the obligation to protect Intellectual Property Rights and patent flexibility in the form of mandatory licenses, implementation of patents by the government, parallel imports, and bolar provision for the prevention, handling and treatment of Covid-19 during the pandemic. Most of the technology and pharmaceutical products used in handling Covid-19 are objects protected by IPR. This means that anyone is prohibited from producing, selling, importing and exporting these objects without the permission of the IPR holder. So this will hinder the access and availability of pharmaceutical products. This normative juridical study aims to examine the importance of the application of TRIPs waiver in access and availability of pharmaceutical products and examine the policies of WTO member countries towards the proposed implementation of TRIPs waiver. According to the findings of this article, TRIPs waivers are needed in the Covid-19 pandemic, but many regulations must be regulated for their implementation. It is better to use the patent flexibility that has been regulated in each member country. The implementation of patent flexibility can be adjusted according to the abilities of each member country in terms of access and availability of pharmaceutical products during Covid-19. Keywords: Patent, Pharmaceutical Products, Public Health, TRIPs Waiver.

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