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Jurnal Hukum dan Peradilan
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 23033274     EISSN : 25281100     DOI : https://doi.org/10.25216/jhp
Core Subject : Economy, Social,
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, empirical, and contributive literature on the dynamics and development of legal studies, specifically in Indonesia. JHP welcomes scientific papers on a range of topics from research studies, judicial decisions, theoretical studies, literature reviews, philosophical and critical consultations that are analytical, objective, and systematic. However, from a wide range of topics that researchers can choose from, JHP puts more attention to the papers focusing on the sociology of law, living law, legal philosophy, history of national law, customary law, literature studies, international law, interdisciplinary, and empirical studies. Jurnal Hukum dan Peradilan (JHP) is a media dedicated to judicial personnel, academician, practitioners, and law expertise in actualizing the idea of research, development, and analysis of law and judiciary. Jurnal Hukum dan Peradilan comes out three times a year in March, July, and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
 1   2 
Search results for , issue "Vol 13 No 3 (2024)" : 16 Documents clear
Urgency of Performance Tiering for Indonesia's Supreme Court: A Constitutional Law Perspective Nugroho, Agus Digdo; Meliala, Nikko Banta
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.663-698

Abstract

The Supreme Court of Indonesia is pivotal as a representative of judicial power. However, evaluations and reports indicate suboptimal performance outcomes, necessitating the implementation of a structured performance tiering framework. This research employs an empirical juridical approach involving surveys, court visits, and focus group discussions, supplemented by a literature review. The study highlights the Supreme Court's need to operationalize its vision of "Realizing Indonesia's Supreme Judicial Body" through clear, measurable performance indicators. Adopting Logical Models, Logical Frameworks, and Critical Success Factors can streamline accountability, enhance judicial efficiency, and ensure alignment across organizational tiers. This paper outlines the steps and benefits of performance tiering in improving Indonesia's judicial system. Performance tiering will become a thinking summary of institutions' functions, use of authority, performance and organization achievements, organization direction, and even paradigm of every process in the Supreme Court and judicial entities under them. The performance tiering of the Supreme Court should ideally adopt the Logical Model, Logical Framework, and Critical Success Factors.
The Position of the Police Code of Ethics Commission in The Judicial Power System in Indonesia Warsyim, Yusuf; Harmoko, Harmoko
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.585-606

Abstract

The Police Code of Ethics Commission has the authority to advocate violations of the Police Code of Ethics. The presence of the National Police Code of Ethics Commission gave rise to serious conceptual debates. As a rule of law with an independent judicial power as its main element, theoretically, judicial power can only be owned by state institutions that are constitutionally recognized in the 1945 Constitution, namely the Supreme Court and the Constitutional Court, but in its development, the function of Judicial power is not only exercised by the courts. This study aims to determine the position of the Polri Code of Ethics Commission and the relationship between the Polri Code of Ethics Commission and the judicial power system in Indonesia. The method used is normative research, with a conceptual approach and laws and regulations. The results of the study found that the position of the Polri Code of Ethics Commission in the judicial power system has been accommodated in the Judicial Power Law, and the relationship that is built between the Code of Ethics Commission and the Supreme Court is a functional relationship.
AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence Fernando, Zico Junius; Anditya, Ariesta Wibisono
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.523-550

Abstract

This in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system's integrity. This research emphasizes the need to consider each country's unique legal, cultural, and social context when adopting AI into their legal systems.
Prospect, Legal, and Health Risks in Adopting The Metaverse in Medical Practice: a Case Study of Nigeria Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Eregbuonye, Obieshi; Abacha, Saminu Wakili; Okpoko, Mercy
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.483-522

Abstract

The Metaverse provides a prospective opportunity for medical practitioners to improve patient engagement, training of medical personnel, and simulation-based learning. It allows for immersive telemedicine medical practice, enabling medical practitioners to render medical services to patients in remote areas through realistic virtual consultation and training of medical personnel and students through a lifelike simulation. However, despite the potential of the Metaverse concept in medical practice, certain legal and medical issues could mitigate its usefulness. In this regard, this study adopts a hybrid method of research in ascertaining the prospect, legal, and health risks of utilizing the metaverse in medical practice. 256 questionnaires were distributed, and the result obtained was analysed using descriptive and analytical methods. The study found that there are several potentials for utilizing the metaverse in medical practice. However, there are legal and medical risks in utlising the metaverse in medical practice and they include; patient data privacy, regulation, licensing, patient consenting to virtual medical treatment, and accountability for medical errors in the metaverse. Furthermore, the study also found that spending longer hours in the metaverse could result in sedentary behavior, associated with medical issues like obesity, musculoskeletal disorders, and cardiovascular problems. It was therefore concluded and recommended that the metaverse holds significant promise for the future of medical practice in Nigeria, offering innovative solutions that can transform healthcare delivery and education. However, to avoid legal and medical issues that may occur, there is a need for regulatory compliance with healthcare regulations.
The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation Sufiarina, Sufiarina; Alias, Nizamuddin; Sopyan, Yayan; Enijaya, Enijaya
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.635-662

Abstract

Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacks  the legal standing required of legal entity, they  are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings.
Addressing Willful Blindness: A Multi-Domain Framework for Enhancing Legal Accountability and Fairness Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.551-584

Abstract

Willful blindness, a legal doctrine in which individuals deliberately avoid knowledge to escape accountability, plays a significant role in the adjudication of crimes such as corporate fraud, financial misconduct, and sexual assault. However, current research has not fully examined its strategic misuse or provided a comprehensive analysis of its application across different legal contexts. This study bridges these gaps by introducing a Multi-Domain Analytical Framework to evaluate the concept's impact, strategic use, and broader implications in both criminal and civil cases. Empirical findings reveal that willful blindness is often employed to evade legal responsibility, undermining justice and compromising the fairness of legal outcomes. The study further demonstrates the inadequacy of existing legal standards and evidentiary requirements in addressing this issue. To counter these challenges, the research proposes targeted policy reforms designed to strengthen accountability, enhance evidentiary clarity, and improve the overall fairness and effectiveness of the legal system. In conclusion, willful blindness remains a critical and manipulative tool with profound implications for justice and accountability. This study highlights the necessity of reforming legal frameworks to mitigate the strategic exploitation of willful blindness. By setting the stage for further research and policy development, the findings contribute to the ongoing evolution of a more just and equitable legal system capable of addressing the complexities of modern legal challenges.
Reforming Legal Decision-Making: A Study of Hindsight Bias on Judicial Impartiality Zahra, Salma; Azizan, Akmal; Sophia, Sally; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.447-482

Abstract

Legal decision-making is heavily influenced by cognitive processes like memory and judgment, which are vulnerable to biases such as false autobiographical memories, hindsight bias, and pretrial publicity. These flaws can lead to wrongful convictions, biased negligence assessments, and compromised impartiality, undermining legal fairness. This study examines these cognitive vulnerabilities, analyzing their mechanisms and proposing strategies to reduce their impact. A literature review of empirical research from 2018 to 2023 integrates findings from psychology, neuroscience, and law. The study highlights how these biases affect legal outcomes and suggests practical solutions like simplified judge instructions, structured interrogation protocols, and bias awareness training. The research uses Cognitive Load Theory, aiming to enhance the integrity of legal processes and provide evidence-based recommendations to improve the fairness and accuracy of legal decisions.
Supreme Court's Legal Advice: Limits, Procedures, and Need for Change Iswandi, Kelik
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.607-634

Abstract

The Supreme Court offers legal advice to state organs and government agencies. Nonetheless, there are no regulations governing the execution of Supreme Court Legal Advice. This paper analyses the limitations and procedures of Supreme Court legal advice. This is a normative legal analysis grounded in conceptual and statutory law. This study utilized legal texts, doctrinal sources, and scientific material. This study employs Miles and Huberman's data analysis methodology. This study demonstrates that Article 37 of the 1985 Supreme Court Law and Article 22 paragraph (1) of the 2009 Judicial Power Law are contradictory. The dispute pertains to the petitioner seeking Supreme Court Legal Advice. The Supreme Court's Legal Advice is only extended to state organs and government agencies. The Supreme Court lacks the authority to offer legal advice to local governments, community organizations, and non-governmental organizations. The Chief Justice of the Supreme Court offers legal advice to state organs, while the Chairman of the Supreme Court Chamber provides legal advice to government agencies. Both legal advice continues to be designated as Supreme Court Legal Advice.
The Position of the Police Code of Ethics Commission in The Judicial Power System in Indonesia Warsyim, Yusuf; Harmoko, Harmoko
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.585-606

Abstract

The Police Code of Ethics Commission has the authority to advocate violations of the Police Code of Ethics. The presence of the National Police Code of Ethics Commission gave rise to serious conceptual debates. As a rule of law with an independent judicial power as its main element, theoretically, judicial power can only be owned by state institutions that are constitutionally recognized in the 1945 Constitution, namely the Supreme Court and the Constitutional Court, but in its development, the function of Judicial power is not only exercised by the courts. This study aims to determine the position of the Polri Code of Ethics Commission and the relationship between the Polri Code of Ethics Commission and the judicial power system in Indonesia. The method used is normative research, with a conceptual approach and laws and regulations. The results of the study found that the position of the Polri Code of Ethics Commission in the judicial power system has been accommodated in the Judicial Power Law, and the relationship that is built between the Code of Ethics Commission and the Supreme Court is a functional relationship.
AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence Fernando, Zico Junius; Anditya, Ariesta Wibisono
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.523-550

Abstract

This in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system's integrity. This research emphasizes the need to consider each country's unique legal, cultural, and social context when adopting AI into their legal systems.

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