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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 75 Documents
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Agrarian Reforms vis-à-vis Constitutionalism in India: A Comparative Analysis with Indonesia Chhachhar, Varun; Niravita, Aprila; Verma, Karishma; Sankrit, Swikar
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.31841

Abstract

This paper presents a comparative study on agrarian reforms in India and Indonesia, focusing on their constitutional foundations, legislative mechanisms, and judicial approaches. Agrarian reform has been central to the socio-economic transformation in both countries, where land ownership and rural livelihoods remain deeply significant. The main problem addressed is how these democracies have constitutionally managed land redistribution while balancing property rights and social justice. The study applies a doctrinal and comparative legal method, examining key constitutional provisions, legislative instruments, and judicial decisions. In India, reforms were initiated post-independence through the abolition of the zamindari system, later reinforced by constitutional amendments and the Ninth Schedule, evolving into broader property rights under Article 300A. Indonesia, by contrast, anchors its land reform agenda in the Basic Agrarian Law of 1960, which derives legitimacy from the 1945 Constitution and the state ideology of Pancasila, promoting social justice and state control over land. Findings suggest that India relies more on judicial interpretation to legitimize reform within its constitutional structure, while Indonesia adopts executive-led reforms grounded in centralized legal authority. The paper concludes that despite different institutional approaches, both nations illustrate how constitutional frameworks can be adapted to facilitate distributive justice through agrarian reform.
Restricting Public Officials’ Authority to Combat Corruption: The Role of Term Limits and Political Sanctions in Indonesia Fatimah, Siti; Beck , Martha Catherine; Sert, Hüseyin Emin; Alfarisi, Muhammad Adib
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.32525

Abstract

Corruption among public officials continues to pose a serious threat to the integrity and sustainability of democratic governance in Indonesia. This study examines the restriction of public officials’ authority, particularly through political term limits and the revocation of political rights for convicted officials, as a preventive strategy against corruption. Employing a normative legal research method and document analysis, the study analyzes Indonesian laws, policies, and case data from regional heads between 2004 and 2019. The findings reveal recurring patterns of power abuse and highlight the social and institutional consequences of corruption. The study also identifies challenges in implementing anti-corruption policies, emphasizing the need for systemic reforms to enhance transparency and accountability. The results suggest that political term limits can reduce opportunities for previously corrupt individuals to regain office and help restore public confidence in governmental institutions. The study concludes that effectively combating corruption requires coordinated efforts among government bodies, civil society, and law enforcement agencies to implement policies that reinforce integrity and institutional accountability.
Tracing Accountability: The Role of Due Diligence in Addressing Business-Related Human Rights Violations Khushbakht Qaiser; Hasani Mohd Ali; Rohaida Nordin; Zarfishan Qaiser
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.18313

Abstract

This article explores the extent to which a corporation can avoid or eliminate the legal liability for a breach of the duty of care following a human rights catastrophe in the business context by proving that it adhered to the United Nations Guiding Principles on Business and Human Rights (UNGPs) and the rigorous exercise of Human Rights Due Diligence (HRDD). Using a doctrinal legal methodology, it examines the interplay between the concepts of HRDD and core concepts of negligence; the concept of duty of care, foreseeability and breach and causation based on emerging case law and regulatory developments on corporate responsibility. The article argues that although compliance with the UNGPs cannot be used as an automatic defence to civil claims, robust and well-documented HRDD is a significant factor in how courts weigh up what harms were reasonably foreseeable and whether the corporate defendant exercised the standard of care required by law. On the other hands poorly implemented or superficial HRDD would strengthen findings of breach by demonstrating that the company knew but condoned serious risks. By re-conceptualizing HRDD as an evidentiary and normative standard in the field of negligence law, the article has suggested a methodical model of assessing corporate responsibility in business-related human rights violations.
Who Bears the Risk? Mapping the Legal Liability of Artificial Intelligence Providers in Indonesia’s Regulatory Landscape Ninik Zakiyah; Budi Santoso; Muh. Afif Mahfud; Edmon Makarim; Try Hardyanthi
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.31133

Abstract

The accelerating advancement of Artificial Intelligence (AI) presents complex legal concerns in Indonesia, particularly in determining liability for damages arising from autonomous systems characterized by algorithmic opacity. Existing legal frameworks, including the Copyright Law, the Electronic Information and Transactions Law, and the Government Regulation on Electronic System Providers, have yet to adequately capture the legal implications of AI-based decision-making processes. This study employs a normative legal approach to examine Indonesia’s regulatory landscape and argues that AI cannot be acknowledged as a legal entity, thereby placing primary responsibility on AI system providers. While civil liability may be grounded in Articles 1365–1367 of the Civil Code, fault-based frameworks encounter significant challenges because of AI’s “black box” characteristics. Accordingly, this article proposes a shift toward risk-based approaches, including strict liability, shifting of the burden of proof, and mandatory transparency obligations. Furthermore, it emphasizes the need to transform ethical principles, as reflected in the Ministerial Circular on AI Ethics, into enforceable legal norms. A comprehensive regulatory framework integrating accountability, human rights, and legal certainty is therefore essential for responsible AI governance in Indonesia.
Cheap Justice or Judicial Chaos? The Regulatory Crisis of AI Robot Lawyers in Indonesia Syarifah Lisa Andriati; Inneke Kiki Rizki; Wan Nur Addibah Binti Adnan
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.31399

Abstract

Artificial intelligence (AI) technology is advancing rapidly, and it has a significant impact on various disciplines, including the legal profession. In the United States, AI has already been given a role in legal representation wherein the AI model known as the Robot Lawyer, handled cases regarding two traffic violations 2023. From thereon, it has become critical to examine the extent of AI Robot Lawyer’s role in the digital legal revolution, as well as the related opportunities and challenges within the Indonesian legal system. This study uses a normative legal research method based on a literature review. Our results show that defendants can use Robot Lawyers as legal advisors by utilizing the ‘DoNotPay’ app to listen to arguments before the court, in real time and then be informed on what to say through earphones. The positive impacts of using Robot Lawyers include, among others, the convenience of defendants when facing legal charges and the cost factor which is relatively low. However, judges should be cautious when using AI in court because parties without human legal representation are unlikely to be able to aptly comprehend the arguments and claims made by a Robot Lawyer. In Indonesia, AI can support legal problem-solving but cannot replace lawyers in court. If Robot Lawyers are to be implemented, a strong legal foundation is needed. The regulations of the related court procedures must be reformed and clear guidelines must be provided to safeguard the rights and interest of the defendants who are relying on Robot Lawyers.
Integration of Living Law as an Optimization of Diversion in the Juvenile Justice System in Indonesia Beniharmoni Harefa; Kayus K Lewoleba; Zico Junius Fernando
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.34060

Abstract

The implementation of diversion in the Juvenile Criminal Justice System in Indonesia still faces various obstacles that result in less than optimal implementation. These obstacles include limited human resources with specific competencies in the juvenile criminal justice system, weak coordination between law enforcement officials, limited supporting facilities and infrastructure, and low legal literacy among the public, which cumulatively create a gap between the normative objectives of the juvenile criminal justice system based on the principles of restorative justice and the best interests of the child and the actual conditions in the field. This study aims to comprehensively analyze the implementation of diversion, identify emerging obstacles, and formulate an ideal model for implementing diversion that aligns with the values of living law in society by comparing the living laws of the Balinese, Baduy, Dayak, and Nias communities. The method used combines a normative juridical approach, through a review of legislation, legal doctrine, and relevant literature, with empirical studies conducted through quantitative and qualitative data collection, case studies, interviews, and Focus Group Discussions (FGDs) with law enforcement officials, academics, and child protection practitioners. The results of the study indicate that the success rate of diversion in the last four years has tended to fluctuate, with an increase in the number of cases directed to diversion, but not always accompanied by an improvement in the quality of resolution. The identified barriers are structural, cultural, and technical, which interact with each other and influence the effectiveness of implementation. In addition, the potential for integrating customary legal values as a means of strengthening social legitimacy and increasing compliance with diversion agreements was discovered.
Police, Institutional Communication, and Social Media Pressure: A Socio-Legal Study of Institutional Responses to Viral Cases in the Digital Age Idris Sandiya; Solikhah Yuliatiningtyas; A. Hanief Saha Ghafur
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.34474

Abstract

This study investigates how the Indonesian National Police (Polri) constructs its institutional communication in response to social media pressure during viral legal controversies, and how such responses affect police legitimacy in the digital age. Anchored in a socio-legal framework and employing Fairclough’s Critical Discourse Analysis, the research focuses on a high-profile criminal case that triggered national outrage and sustained digital activism, without explicitly naming the case to preserve analytical generality. The analysis examines the use of formal diction, labeling strategies, language modality, and delegitimization of public criticism within Polri’s official communications. Data sources include press statements, social media content by the Police Public Relations Division, official remarks quoted in mainstream media, and related institutional documents. Findings reveal that viral public discourse exerts significant influence on institutional actions—such as forming special investigative teams and dismissing senior officials—highlighting the role of digital pressure in prompting accountability. However, the study also uncovers the temporary and reactive nature of these responses, particularly when public attention fades. By connecting institutional communication strategies with public expectations in digital spaces, this study argues that the legitimacy of law enforcement is increasingly shaped by the ability to engage transparently and consistently with the public—not merely by legal authority. Viral cases thus function as informal mechanisms of oversight. This research contributes to socio-legal scholarship by integrating insights from democratic policing, digital activism, and public accountability, offering a conceptual lens to understand the dynamic interplay between state institutions and digital society in contemporary Indonesia.
Foreign Investment and the Battle for Fair Competition: Assessing the Gaps in Indonesia’s Mineral Mining Regulations Agus Lanini; Sitti Fatimah Maddusila; Izan Mateo Cassandro
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.34679

Abstract

Foreign investment in Indonesia’s mineral and coal mining sector has surged significantly, driven by growing global demand and the country’s strategic resource position, particularly amid the energy transition. However, this influx exposes two critical challenges. First, the investment regulatory framework remains fragmented and inconsistent, creating loopholes that enable foreign investors to dominate strategic national resources without sufficient safeguards for domestic stakeholders. Second, weak enforcement of competition law fosters unfair business practices, including cartel formation, abuse of dominant positions, collusive tendering, and regulatory manipulation through undue influence on public officials. These practices undermine fair competition, harm local enterprises, reduce state revenue, and threaten environmental sustainability. This study critically examines the gaps in Indonesia’s investment and competition legal frameworks and their interaction within the mining sector. Using a normative and comparative legal analysis, it reveals how governance weaknesses perpetuate imbalances in the business relationships between foreign and domestic actors. The principal contribution lies in proposing a legal policy reform agenda aimed at balancing the imperative of attracting foreign capital with ensuring equitable competition and responsible resource management. Recommendations emphasize regulatory harmonization, institutional strengthening, and the implementation of effective sanctions to foster a transparent, fair, and sustainable investment climate. This research is timely given Indonesia’s pivotal role in the global mineral supply chain and its commitment to sustainable development.
Digital Challenge, Analogue Mind-set: Assessing Indonesia’s Electronic Criminal Evidence Framework Anton Hendrik Samudra; Subhajit Basu; Cristina Saenz Perez
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.35378

Abstract

This article examines the treatment of electronic evidence in Indonesian criminal proceedings under the EIT Act and the new KUHAP. It argues that the new KUHAP has not succeeded in establishing coherent legal architecture for electronic evidence. Instead, the framework remains fragmented, under-specified, and anchored in an inherited analogue evidentiary mind-set. This is unsatisfactory because it encourages formalistic reliance on printed outputs, leaves the collection, authentication, handling, preservation, and evaluation of electronic evidence inadequately governed, and generates uncertainty for investigators, prosecutors, and judges. The article identifies the principal doctrinal and institutional defects in the current framework and assesses their implications for truth-seeking, procedural fairness, and the reliability of criminal adjudication. It further evaluates the emerging reliance on open-source electronic evidence and argues that the central weakness of the Indonesian approach lies not merely in legislative incompleteness, but in the absence of a principled evidentiary governance model for digital proof. Its principal contribution is to show that ISO standards can supply that missing framework by structuring the governance, handling, and assessment of electronic evidence and by correcting the mistaken assumption that digital proof can be accommodated within essentially analogue evidentiary categories.
Normative Examination of the Mandatory Public Housing Savings Scheme for Self-Employed Workers in Relation to Consumer Protection and the Constitution Zulham; Noor Azizah
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.38057

Abstract

The Public Housing Savings Law (UU Tapera) requires self-employed workers earning at least the minimum wage to participate as Tapera members, even though their income is not connected to any employer. This obligation stands in contrast to the Consumer Protection Law (UUPK), which ensures that consumers have the right to freely select goods and/or services based on their individual preferences. As Tapera consumers, self-employed workers should therefore retain the freedom to determine the financing model and capital-accumulation scheme they prefer for obtaining residential housing. Additionally, the 1945 Constitution of the Republic of Indonesia (UUD 1945) guarantees every individual’s right to adequate housing. This article examines the compatibility of Article 7 paragraph (1) of the Public Housing Savings Law with Article 4 letter (b) of the Consumer Protection Law and Article 28H paragraph (1) of the 1945 Constitution. Using a normative juridical research method, the study analyzes primary, secondary, and tertiary legal materials on Tapera for self-employed workers from the perspectives of consumer protection and constitutional law. These materials are assessed to formulate scholarly insights presented in a constructive and argumentative manner. The study concludes that Article 7 paragraph (1) of the Public Housing Savings Law is inconsistent with the Consumer Protection Law and the constitutional guarantee of adequate housing. Accordingly, the article recommends clearly distinguishing the terms “workers” and “self-employed workers” in the law and regulating Tapera participation for self-employed workers on a voluntary basis.

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