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Legalis : Journal of Law Review
Published by PT Penerbit Ilmiah Indonesia
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Artificial Intelligence and International Business Law: Transforming Global Trade, Governance, and Compliance Md Samirul Islam
Legalis : Journal of Law Review Vol. 4 No. 2 (2026): April 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i2.1348

Abstract

Artificial Intelligence (AI) is increasingly reshaping international business law by transforming how firms manage regulatory compliance, governance processes, and cross-border trade operations. In practice, AI is applied to legal mechanisms such as automated customs compliance, regulatory monitoring, sanctions screening, and cross-border data transfer governance. Despite growing adoption, empirical evidence remains limited on how AI deployment and institutional conditions jointly influence compliance effectiveness and international trade performance. To address this gap, this study examines the effects of AI adoption, regulatory clarity, digital infrastructure readiness, and cross-border data governance quality on international trade performance, with compliance effectiveness as a mediating mechanism. Using Partial Least Squares Structural Equation Modeling (PLS-SEM) on 350 survey responses, the findings show that all four antecedent factors have a significant positive impact on compliance effectiveness. Compliance effectiveness, in turn, strongly enhances firm-level international trade performance, measured through improvements in trade efficiency, risk reduction, and market expansion. Moreover, compliance effectiveness significantly mediates the relationship between the institutional and technological factors and trade performance. Among the predictors, cross-border data governance quality exerts the strongest influence. These findings highlight that AI-enabled trade outcomes depend not only on technological adoption but also on regulatory clarity, robust digital infrastructure, and harmonized data governance frameworks, offering practical insights for policymakers and firms integrating AI into international business law.
Artificial Intelligence and the Future of International Trade Law: Balancing Innovation, Regulation, and Global Fairness Md Samirul Islam; Abu Sayed; Anika Mahjabin; Nur Nahar Rimi
Legalis : Journal of Law Review Vol. 4 No. 2 (2026): April 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i2.1349

Abstract

The international trade system will see the growing influence and use of artificial intelligence (AI), which has had important implications for regulation, decision-making, as well as global governance on both sides of borders. Building on legitimacy theory, this research provides the first empirical evidence of how AI knowledge competences, perceived ethical and transparency standards of AI, global fairness concerns over them and trust in AI impact governance alignment and how such governance alignment drives support for integrating AIs into international trade law. A quantitative study was designed in the form of a survey administered to U.S. policymakers, legal experts, business professionals and scholars. Following data screening, 320 returned cases were considered in Partial Least Squares Structural Equation Modeling (PLS-SEM). The findings show that all the four antecedents variables, namely firm scope, power asymmetry, strategic interpenetration and home country legitimacy, have a positive impact on governance alignment. Governance alignment is shown to have a significant direct impact on AI integration in international trade law, and it also strongly mediates the relationships between AI talent competencies, ethical and transparency standards, global fairness concerns, trust in AI and AI integration. The results emphasize governance alignment as a core mechanism. By doing so, it offers empirical evidence for the institutional and ethical requirements needed for responsible AI adoption in international trade law, while providing policy-relevant insights addressing the challenge of fostering innovation while ensuring fairness, transparency and global equity.
Grey Areas in Pakistani Criminal Law: The Missing Safeguards in Arrest Procedures for Vulnerable Accused with Mental Health Conditions and Neurodivergence Rida Fatima; Fareeha Nayab; Iqra Yaseen
Legalis : Journal of Law Review Vol. 4 No. 2 (2026): April 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i2.1362

Abstract

Through a comparative legal review, this paper examines the Pakistani legal framework concerning the protection and rights of the vulnerable population with intellectual disabilities, autism, and other related mental health conditions within the criminal justice system. The paper focuses specifically on the absence of legal safeguards at the point of arrest and during the first 24 hours of custody before the magistrate presentation, a critical period when suspects are most vulnerable to secondary victimisation.  Comparative analysis with jurisdictions such as the United Kingdom, the United States, and other countries reveals established mechanisms, including supported decision-making, mandatory police training, and custodial safeguards that protect vulnerable individuals from rights violations. The identified safeguards were systematically compared against the current Pakistani legal framework governing arrest and pre-trial detention. This review produced a structured gap map of Pakistan’s criminal procedure framework, evaluating the absence of enforceable safeguards across four domains: (1) vulnerability identification at arrest, (2) accessible communication of rights, (3) provision of an appropriate adult, (4) coercion prevention during initial custody. The paper concludes that the lack of procedural protections significantly increases the risk of coerced confessions, unreliable testimony, and miscarriages of justice. Urgent reforms are needed, including clearer statutory definitions, harmonisation of laws across provinces, integration of supported decision-making, structured training for law enforcement personnel, and the establishment of independent oversight mechanisms.
Disagreements in Boundary Interpretation Under UNCLOS 1982: The Indonesia–Malaysia Maritime Dispute Over Sipadan-Ligitan and Ambalat Evi Dwi Hastri; Rusfandi; Herowati Poesoko; Abintoro Prakoso; Muhammad Khalid Ali
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1604

Abstract

Maritime boundary disputes between Indonesia and Malaysia reflect the structural complexity of applying the provisions of the United Nations Convention on the Law of the Sea (UNCLOS 1982). This normative legal research analyzes the normative ambivalence within UNCLOS 1982 specifically Articles 15, 74, 83, and 121 and its implications for the Sipadan-Ligitan and Ambalat Block disputes. The findings reveal distinct resolution mechanisms for each case: the Sipadan-Ligitan dispute was definitively resolved through international litigation at the International Court of Justice (ICJ) in 2002 based on the principle of effectivités, whereas the Ambalat dispute remains unresolved in terms of final boundary delimitation and continues to be managed via non-litigious diplomatic negotiations. This study argues that international litigation poses significant risks of permanent territorial loss for Indonesia. Consequently, a non-litigious approach specifically a combination of sustained diplomatic negotiations, provisional arrangements, and joint development agreements under Article 83(3) of UNCLOS constitutes the most appropriate, pragmatic, and mutually beneficial mechanism for resolving maritime boundary overlaps in the Ambalat Block.
Application of the Lex Mitior Principle in Narcotics Cases: Supreme Court Decision No. 499 PK/Pid.Sus/2026 Fedhli Faisal; Surya Oktarina; Yesi Lestarina Sutoyo
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1781

Abstract

This study employs a normative doctrinal case analysis to examine the application of the lex mitior principle in Supreme Court Decision Number 499 PK/Pid.Sus/2026 and its relationship with the continuing application of the special Narcotics Law. The study focuses on how the Supreme Court applied the more favorable post-enactment sentencing framework without eliminating the established criminal liability under the Narcotics Law. Decisions Number 1565 PK/Pid.Sus/2026 and Number 1717 PK/Pid.Sus/2026 are used as purposively selected supporting decisions to provide a limited comparative perspective. The analysis demonstrates that lex mitior operated primarily through sentencing adjustment rather than through reclassification of the established offense. In Decision Number 499 PK/Pid.Sus/2026, the Supreme Court reduced the sentence from nine years of imprisonment and an IDR 800,000,000 fine imposed by the District Court to six years of imprisonment without a fine at the judicial review stage. The Court maintained the finding concerning unlawful possession of Category I narcotics under Article 112 of Law Number 35 of 2009 and separately maintained the pharmaceutical offense concerning Trihexyphenidyl HCl-containing tablets. The comparison with Decisions Number 1565 PK/Pid.Sus/2026 and Number 1717 PK/Pid.Sus/2026 indicates a preliminary pattern of applying a more favorable sentencing framework, although the cases differ in offense classification, quantity of narcotics, factual circumstances, and sentencing considerations.
Decisive Yet Untested: the Mediator’s Anjuran and the Procedural Standing of Deceased Workers’ Heirs in Indonesia Ferroka Putra Wathan
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1787

Abstract

Indonesian labour law confers compensation directly on the heirs of a worker who dies in service, yet the recovery procedure presupposes a living worker or a union facing an employer, so access turns on a document from a compulsory administrative stage whose validity no party must establish. The article asks how the mediator’s written recommendation, the anjuran, should be qualified, how the pre-litigation provisions were worked against an heir’s claim, and how far the presumption of validity may restore the heirs’ procedural standing. A normative case study examined Decision No. 14/Pdt.Sus-PHI/2024/PN.Plg and Decision No. 972 K/Pdt.Sus-PHI/2024 with the instruments they apply. The recommendation was found to be a preparatory governmental act to which Article 83(1) of Law No. 2 of 2004 attaches a conditioning function; a route to review existed but ran from the act rather than from its discovery, leaving it misaligned with the party whose access the document conditioned rather than absent; and the claim succeeded through three judicial substitutions traced to no authorising norm, alongside one determination no forum made. The study qualifies a familiar instrument within settled doctrine and locates the deficit at coordinates traceable to named provisions. The presumption supports an administrative cure of procedural standing that a court may act upon, though no provision makes it binding, and it reaches access to labour entitlements rather than the division of an estate.
A Socio-Legal Analysis of Normativizing Maja Labo Dahu in Regional Lawmaking: A Proposed Hybrid Sanction Mechanism in Bima, Indonesia Anies Prima Dewi; Muh. Risnain; Izawati Wook
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1748

Abstract

The incorporation of local wisdom into regional legislation remains underexamined in Indonesia, particularly when moral-spiritual philosophies must be translated into clear, enforceable, and rights-compatible legal norms. This study examines how Maja Labo Dahu, the Bima philosophy of social and spiritual accountability commonly expressed as shame and fear, is recognized and normativized in Bima Regency and Bima City. Using a qualitative socio-legal design, the study combines doctrinal analysis of six national legal instruments, selected regional regulations and planning documents, and ten semi-structured interviews conducted in 2025 with six government officials, two customary leaders, and two religious leaders. The data were analyzed through thematic analysis, documentary comparison, and statutory, hierarchical, systematic, and purposive legal analysis. The findings show that Maja Labo Dahu is reflected in a city motto, planning language, and informal governmental programmes but has not been translated into a complete framework of legal duties, competent authorities, sanctions, procedures, and remedies. The study defines this condition as an institutional void, signifying normative, institutional, and procedural absence rather than the absence of cultural recognition or government activity. The study proposes a legally bounded Hybrid Sanction Mechanism that combines voluntary restorative responses for minor, non-criminal conduct with regional administrative measures only where expressly authorized by national legislation. Serious criminal conduct must instead be referred to the criminal justice process established and authorized under national law. The model contributes to the application of Responsive Law and legal pluralism in decentralized governance through procedurally bounded cultural translation.
Developing an Electronic Society Hearing Framework for Public Participation in Responsive Regional Regulation-Making: A Socio-Legal Study Evi Oktarina; Firman Freaddy Busroh
Legalis : Journal of Law Review Vol. 4 No. 2 (2026): April 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i2.1761

Abstract

Public participation in Regional Regulation-making in Indonesia remains predominantly procedural and does not always ensure that community aspirations substantively influence legislative outcomes. This study examines existing public participation mechanisms and develops a findings-informed Electronic Society Hearing Framework (ESHF) for responsive Regional Regulation-making. The research employed a socio-legal design integrating empirical and normative legal analysis across eight regencies and municipalities in South Sumatra: Palembang, Prabumulih, Ogan Ilir, Banyuasin, Musi Banyuasin, Ogan Komering Ilir, Ogan Komering Ulu, and Ogan Komering Ulu Timur. Empirical data were obtained through interviews with purposively selected key informants from Regional People's Representative Councils (DPRD), regional governments, and community representatives, complemented by observations and an electronic questionnaire distributed to approximately 1,200 respondents across the eight research areas. Documentary analysis covered national and regional legislation, DPRD regulations and institutional documents, and other legal materials governing public participation and Regional Regulation-making. The data were analysed qualitatively and quantitatively and triangulated across interviews, observations, survey responses, legal documents, and theoretical perspectives. The findings indicate that although conventional mechanisms for public aspiration exist, participation remains uneven across regions, public involvement is limited, and online mechanisms are ineffective in several research areas. The study consequently proposes the ESHF as a findings-informed framework for integrating public aspirations more systematically into Regional Regulation-making. The Society Satisfaction of Regulation Index (SSRI) is likewise introduced as a preliminary evaluative concept rather than a validated measurement instrument. Accordingly, the ESHF and SSRI require subsequent implementation, testing, and empirical validation before their effectiveness and broader applicability can be established.
Asset Forfeiture in Indonesian Corruption Cases: A Normative Legal Analysis of Legal Certainty Ali Imron; Ressa Januarti Munggaran
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1770

Abstract

Asset forfeiture constitutes an essential legal mechanism for recovering corruption-derived proceeds and effectively restoring state financial losses within the national legal system of Indonesia. Within this framework, its legal implementation must strictly align with the overarching principle of legal certainty, particularly regarding norm clarity, enforcement predictability, procedural safeguards, and the full protection of legitimate third-party property rights. This comprehensive study examines the governing legal framework of asset forfeiture in corruption cases and critically analyzes how statutory provisions, evidentiary mechanisms, institutional mandates, and judicial considerations interrelate with legal certainty. Employing a normative legal research methodology through statutory, conceptual, and case approaches, primary legal materials—including the 1945 Constitution, Anti-Corruption Law, Money Laundering Law, Corruption Eradication Commission Law, and selected judicial decisions—were thoroughly analyzed using systematic, grammatical, and teleological interpretations. The findings demonstrate that achieving true legal certainty in asset forfeiture relies heavily on explicit statutory bases, coherent institutional authority, adequate evidentiary standards, and robust procedural safeguards for affected property holders. Furthermore, the study identifies significant doctrinal ambiguities regarding the fundamental legal distinction between traditional criminal forfeiture following a conviction and non-conviction-based asset recovery mechanisms. It strongly emphasizes that non-conviction-based mechanisms cannot be presumed without explicit statutory authorization. Consequently, the study concludes that strengthening legal certainty requires clearer statutory delineation of applicable procedures, institutional powers, evidentiary burdens, and comprehensive safeguards for legitimate property rights within the existing legislative structure.
Dirty Broom Theory through the Lens of Justice and Trust in Islamic Law Kurniawan Tri Wibowo
Legalis : Journal of Law Review Vol. 4 No. 4 (2026): October 2026
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i4.1780

Abstract

This article reconstructs Dirty Broom Theory through Islamic jurisprudence by examining integrity as a condition of legitimate enforcement. Using normative legal research with conceptual, philosophical, and doctrinal approaches, the study analyzes the Qur’an, hadith, and scholarship. The study proposes a new formulation, Islamic Dirty Broom Theory, which reconstructs the theory’s integrity mechanism by positioning amanah as the source of integrity obligations, ‘Adl as the evaluative goal, and material integrity violations with a causal connection to procedural contamination as the threshold for delegitimization, rather than treating integrity as professional ethics alone or treating every procedural error as legitimacy-destroying. The analysis yields this proposition: where authority is exercised as amanah, integrity must govern every stage of the criminal justice chain, while ‘Adl provides the standard for evaluating process and outcome. This proposition is grounded in commands concerning trust and justice, prohibitions of zulm, treason, and bribery, and the Chain of Integrity Principle.

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