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JILS (Journal of Indonesian Legal Studies)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25481592     DOI : https://doi.org/10.15294/jils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JILS (Journal of Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (Print ISSN 2548-1584, Online ISSN 2548-1592). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 62 Documents
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Occupational Safety in the Age of Artificial Intelligence: Reformation of the Indonesian Work Safety Law Salim, Andi Agus; Tang, Shu-Mei
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.4621

Abstract

Artificial intelligence (AI) is undergoing rapid development globally, including in countries such as Taiwan and Indonesia. Taiwan, renowned as a world leader in hardware and semiconductor technologies, holds a significant advantage in AI advancement. This is further bolstered by governmental support through regulatory frameworks, policies, and funding initiatives, enhancing Taiwan's prowess in AI development. In contrast, Indonesia has also embraced the tide of technological progress, with its President declaring the nation's commitment to entering the 4th industrial revolution. Integral to this transition is the adoption of AI, recognized as a pivotal component of the aforementioned revolution. The collective technological advancements across Indonesia, Taiwan, and other nations invariably impact society, particularly the workforce. The integration of these futuristic technologies, predominantly within corporate settings, inherently alters labor dynamics and working conditions. This study scrutinizes the trajectories of AI development in both Taiwan and Indonesia, probing the compatibility of existing occupational safety and health legislation with the AI era. The findings underscore the perpetual evolution of technology and emphasize the imperative for nations to remain adaptive to emerging innovations. Furthermore, the study advocates for continuous updates to legal frameworks to align with the dynamic landscape of technological advancement.
Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court Amarini, Indriati; Ismail, Noorfajri; Saefudin, Yusuf; Attamimi, Zeehan Fuad; Hidayah, Astika Nurul
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4632

Abstract

This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This research aims to analyze the development and implementation of mediation in settlement of public disputes in Administrative Courts. The research method used is doctrinal research or library research with secondary data sources in the form of legislation on Administrative Courts, Supreme Court regulations on mediation, and scientific journals of research results. The results showed that mediation in public dispute resolution is used as an alternative to dispute resolution and has long been applied in several countries. Mediation in administrative dispute resolution can be carried out in two ways. First, mediation can be carried out outside the Administrative Court, and then the lawsuit is revoked. Second, mediation can be carried out through Court-connected mediation in the Administrative Court. There is a need to develop and strengthen the application of Court-connected mediation for administrative dispute resolution from the aspects of procedural law and Administrative Court resources that support the mediation process.
Questioning Human Rights, Looking for Justice: Analyzing the Impact of Supreme Court Circular Letter on Interfaith Marriages in Indonesia Indrayanti, Kadek Wiwik; Saraswati, Anak Agung Ayu Nanda; Putra, Eka Nugraha
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4634

Abstract

The issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 concerning Guidelines for Judges in Adjudicating Cases on Applications for Registration of Marriages between People of Different Religious Beliefs has caused problems regarding interfaith marriages in Indonesia. Both conceptually and in practice, interfaith marriages have long been controversial. Using a human rights approach, this article analyzes SEMA's position in the hierarchy of laws and regulations and the impact of SEMA Number 2 of 2023 on the independence of judges and the practice of interfaith marriages in Indonesia. The results of the analysis indicate that SEMA Number 2 of 2023 is contrary to human rights principles, especially the principles of religious rights, the right to choose a partner and the right to get married. Although the content of SEMA should only be related to technical matters of court processes, SEMA Number 2 of 2023 targets the substance of citizens’ rights; it asks judges to reject requests for the validation of interfaith marriages, even though the issue is clearly regulated by the Law on Population Administration. As a result, the chances of validating interfaith marriages through court decisions are closed. This policy not only limits the independence of judges in deciding such cases but also violates the human rights of citizens.
Resolving the Judiciary Tensions between the Constitutional Court and the Supreme Court of Indonesia Purwadi, Hari; Hermawan, Sapto; Soares, Ardyllis Alves; Németh-Szebeni, Zsófia; Kusuma, Febrian Indar Surya
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4635

Abstract

This paper addresses a critical issue undermining the legal coherence and judicial stability in Indonesia: the discord between the Constitutional Court and the Supreme Court in the realm of judicial review. This paper uncovers the root cause as a weak chain of validity in law formation, aggravated by divergent legal frameworks governing each court through utilizing doctrinal research methods. Drawing on Bullygin's deontic logic theory, the paper reveals a lack of explicit cross-sectoral policy synchronization. To immediately alleviate these tensions, this paper proposes the establishment of a Memorandum of Understanding (MOU) between the two courts, aiming to solidify the chain of legal norms and restore systemic stability. For a long-term resolution, a comprehensive revision of the judiciary law is advocated. This research serves as an urgent call for coordinated reforms to bolster the integrity and efficiency of Indonesia's judicial system.
The Legality of Land Ownership Right that Changes in Position and Size (Case Study of Natural Liquefaction Disaster in Palu City) Maisa, Maisa; Muliadi, Muliadi; Windiahsari, Windiahsari
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i1.4638

Abstract

This study endeavors to accomplish two primary objectives: firstly, to evaluate the legal status of land ownership rights impacted by the liquefaction natural disaster in Palu, particularly focusing on instances where there are alterations in position and dimensions. Secondly, it aims to scrutinize the actions undertaken by land rights holders to secure legal ownership of land affected by such changes, particularly through engagements with the Palu City National Land Agency. Employing a juridical-empirical approach, the research illuminates two pivotal findings: firstly, that natural disasters, including liquefaction, can induce substantial shifts in land position, potentially complicating the legality of ownership and precipitating disputes among neighboring landowners. Secondly, it reveals that land rights holders commonly interface with the National Land Agency to rectify alterations in land position and size, underscoring the imperative of prompt reporting to ensure accurate measurement and documentation. The study posits two recommendations: firstly, advocating for timely reporting to the National Land Agency by affected communities to facilitate precise measurement and documentation of land shifts. Secondly, advocating for governmental enactment of specialized regulations addressing land transfers, thereby augmenting legal certainty for affected communities.
Cross-Border Trade Disputes: A Comparative Analysis of Indonesia and Australia Riyanto, R Benny; Laryea, Emmanuel; Fibrianti, Nurul; Latifiani, Dian
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.6454

Abstract

This comparative analysis delves into the intricate landscape of cross-border trade disputes, focusing on Indonesia and Australia. As two significant players in the global trade arena, understanding their dispute resolution mechanisms is crucial for fostering bilateral and multilateral trade relationships. The study examines the legal frameworks, institutional mechanisms, and cultural factors influencing trade dispute resolution in both countries. Indonesia's approach may reflect its unique socio-political context, while Australia's system could showcase its commitment to transparency and adherence to international trade norms. Key aspects explored include the role of governmental bodies, such as trade ministries and dispute settlement panels, as well as the utilization of alternative dispute resolution methods like arbitration and mediation. Moreover, the analysis delves into the effectiveness and efficiency of these mechanisms in resolving disputes promptly while maintaining fairness and equity for all parties involved. Comparisons are drawn between Indonesia and Australia in terms of legal precedents, enforcement mechanisms, and the level of stakeholder engagement in the dispute resolution process. Additionally, cultural nuances and historical contexts are considered to understand how these factors shape the negotiation and resolution of trade conflicts. By synthesizing these insights, the study aims to provide policymakers, trade practitioners, and academics with a comprehensive understanding of the strengths and weaknesses of each country's approach to cross-border trade dispute resolution. Ultimately, it seeks to contribute to the development of best practices and strategies for enhancing trade relations and promoting economic cooperation between Indonesia and Australia, as well as other nations globally.
The Role of Generative AI in Shaping Human Rights and Gender Equity: A Critical Analysis Bangun, Rizky; Fikri, Sultoni
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.13617

Abstract

This research aims to explore the dual role of generative AI technology in supporting human rights activism and gender equality. The primary issue addressed is how AI can empower individuals and organizations in advocating for human rights, while also posing risks such as the spread of misinformation and the perpetuation of bias. The methods used include case study analysis and literature review to understand the impact of AI in social and political contexts. The urgency of this research lies in the pressing need to develop ethical frameworks that safeguard human rights amid rapid technological advancements. The novelty of this study stems from its interdisciplinary approach, combining technology, human rights, and gender equality, while highlighting the philosophical and ethical challenges that arise alongside AI development. The findings of the research indicate that AI holds significant potential to enhance the visibility of human rights issues through more effective social media campaigns and compelling data presentation. However, the study also identifies substantial risks, including information manipulation and biases that could harm certain groups. The conclusion emphasizes the importance of creating strategies that maximize the benefits of AI while minimizing its risks. Thus, this research contributes to efforts to create an AI-driven future that not only supports human rights but also promotes gender equality, and it encourages further discussions about the boundaries between humans and machines in the context of these rights.
Justice on Trial: How Artificial Intelligence is Reshaping Judicial Decision-Making Andriati, Syarifah Lisa; Rizki, Inneke Kiki; Malian, Ain Najwa Binti Mohd
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.13683

Abstract

The integration of Artificial Intelligence (AI) into judicial decision-making processes is reshaping the administration of justice, offering new possibilities for efficiency and consistency while raising critical concerns about fairness and judicial discretion. This research explores the use of AI to support judges in their decision-making processes, focusing on the balance between technological assistance and the human consideration of justice. Additionally, it examines the regulatory frameworks that enable and govern AI’s role in the judiciary. Employing a normative juridical research methodology and secondary data from literature reviews, this study finds that AI systems can only assist judges by providing recommendations rather than replacing their judgment. Algorithms and mathematical models cannot fully account for the complex, qualitative factors inherent in the pursuit of justice, such as moral considerations, empathy, and societal context. Currently, AI usage in judicial processes is not explicitly regulated; however, it may be justified under Article 1 Point 8 of Indonesia’s ITE Law, which recognizes electronic agents controlled by humans to achieve specified objectives. The research underscores that AI’s potential lies in its capacity to complement human judges by enhancing efficiency and reducing bias in routine tasks, while ultimate decision-making must remain a human responsibility. This study concludes that the responsible use of AI, guided by clear legal and ethical frameworks, can ensure that technological advancements in the judiciary uphold the principles of justice and human dignity.
The Cooling-Off Period Under the International Investment Law Regime in the Indonesian Regulations Context Allagan, Tiurma M. Pitta; Simbolon, Putu George Matthew
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.19153

Abstract

This article seeks to find methods for preventing the chilling effect of International Investment Law (“IIL”), according to the Indonesian legal system. The IIL has been known as one of the controversial legal regimes in international law, due to its main issue to balance the right of foreign investors and the sovereignty of the host state. From the host state’s point of view, an international arbitration tribunal award in favor of the foreign investors may cause a chilling effect on its right to regulate an investment measure. Since Indonesia is a country that is currently experiencing this effect, the article herein provides three discussions on how the chilling effect can be prevented. In providing these discussions, this article applies the doctrinal approach by taking into account the cases in hand, particularly where Indonesia is one of the parties. The first discussion provides explanations concerning the Tecmed v. Mexico case, which reflects how the absence of domestic law concerning cooling-off period may damage a state’s sovereignty. This discussion also provides findings in Amco v. Indonesia and Oleovest v. Indonesia, which shall be considered as cases where Indonesia applied its cooling-off period, despite its defeat in the Amco’s Tribunal. Furthermore, the second discussion explains how the cooling-off period and the exhaustion of local remedies are interconnected. This discussion shows the weakness within the Indonesian legal system and an example of the Indonesian government’s BITs, which consist of a cooling-off period, despite not transposed to its national law. Last but not least, the third discussion explores how a mediation and administrative court shall be utilized by Indonesia as a cooling-off period mechanism. This discussion also consists of recommendations on how Indonesia’s national investment law shall be amended in preventing the IIL chilling effect.
Breaking the Chains of Paper: Pioneering Electronic Notary Protocol Storage as the Dawn of a New Era in National Notarial Law Mannas, Yussy Adelina; Fendri, Azmi; Baroto, Wisnhu Agung
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.19154

Abstract

The Notary Protocol is a collection of documents constituting state archives that must be preserved and maintained by notaries in accordance with statutory provisions. Currently, the storage of notary protocols as state archives is predominantly conducted through conventional means, relying on paper-based media and manual handling. This traditional approach is fraught with several challenges, including vulnerability to loss and damage over time, the need for extensive physical storage space due to the increasing volume of archives, inefficiencies in document retrieval, and ineffective distribution of documents across organizational units and personnel. These limitations underscore the weaknesses of conventional archive management. Law Number 43 of 2009 on Archives permits the creation and storage of archives in various forms, including electronic media, thereby providing a legal basis for digital archiving. However, the existing regulatory framework governing notarial practices, particularly the Law on Notary Positions, does not explicitly address the electronic storage of notary protocols. This regulatory gap necessitates an analysis of the legal certainty surrounding the electronic archiving of notary protocols. Transitioning to electronic storage aligns with the demands of the Fourth Industrial Revolution (Industry 4.0) and Society 5.0, which emphasize digitalization and technological integration. This study explores the feasibility and legal implications of adopting electronic storage for notary protocols, aiming to enhance efficiency, security, and accessibility in the management of state archives.

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