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Justicia Insight
Published by Lembaga Publikasi Ilmiah Nusantara
ISSN : -     EISSN : 30894115     DOI : https://doi.org/10.70716/justin
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Justicia Insight (JUSTIN) is an open access, and peer-reviewed journal, published by by Lembaga Publikasi Ilmiah Nusantara with the online registered number of E-ISSN 3089-4115. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary law issues. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
Foreign Investment and Its Legal Impact on Local Resources and the Environment in Tourist Destinations Islam, Rudi; Fikri, Abdillah
Justicia Insight Vol. 2 No. 1 (2025): Justicia Insight, November 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i1.262

Abstract

Foreign investment plays a crucial role in the economic growth of tourist destinations by stimulating infrastructure development, generating employment, and promoting regional competitiveness. However, the influx of foreign capital often raises complex legal issues related to the management of local resources and environmental sustainability. This article examines the legal implications of foreign investment on natural resource utilization and environmental protection within tourist areas. Using a normative legal research approach supported by case studies in selected tourist destinations, the study highlights how legal frameworks regulate foreign investors’ activities, particularly concerning land use, water management, and waste disposal. Findings indicate that while foreign investment contributes to economic advancement, weak enforcement of environmental regulations and lack of community involvement often lead to overexploitation of resources and ecological degradation. The study suggests strengthening environmental law enforcement, enhancing local community participation, and harmonizing investment regulations with sustainable development principles. This research provides valuable insights for policymakers in balancing the dual objectives of economic growth and environmental protection in tourism-based regions.
Ethical and Legal Challenges of Artificial Intelligence in the Judicial System: An Indonesian Perspective Hidayat, Wahyu; Muis, Abdullah
Justicia Insight Vol. 2 No. 1 (2025): Justicia Insight, November 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i1.274

Abstract

The integration of Artificial Intelligence (AI) into the judicial system has introduced significant opportunities for enhancing efficiency, accuracy, and access to justice. However, it also raises complex ethical and legal challenges, particularly in developing countries such as Indonesia. This study examines the implications of AI adoption in the Indonesian judicial system by focusing on issues of accountability, transparency, fairness, data privacy, and potential bias in algorithmic decision-making. Using a normative juridical approach supported by literature review and analysis of existing regulations, this research highlights the absence of comprehensive legal frameworks governing AI use in judicial processes, which may undermine the principles of due process and the independence of the judiciary. Ethical concerns, such as the risk of dehumanization of justice and the erosion of judicial discretion, further complicate AI implementation. The findings suggest that Indonesia requires a robust regulatory and ethical framework to balance technological innovation with the protection of fundamental rights. This study contributes to ongoing global debates on responsible AI governance in the justice sector and offers recommendations for policy formulation tailored to the Indonesian legal context.
Artificial Intelligence and the Rule of Law: Legal and Ethical Implications in Emerging Democracies Jayadi, Irfan; Rais, Abdullah
Justicia Insight Vol. 2 No. 1 (2025): Justicia Insight, November 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i1.285

Abstract

The rapid development of Artificial Intelligence (AI) presents significant challenges to the rule of law, particularly in emerging democracies. On one hand, AI offers opportunities to improve judicial efficiency, expand access to justice, and enhance transparency in legal governance. On the other hand, its implementation raises complex legal and ethical concerns, including algorithmic bias, threats to individual privacy, accountability of machine-based decisions, and risks to the principle of non-discrimination. This article examines the interplay between AI and the rule of law by highlighting normative challenges and ethical dilemmas that arise in the context of developing democratic systems. Employing a normative-legal approach combined with ethical analysis, this study emphasizes the need for adaptive, accountable, and human rights–based regulatory frameworks. The findings demonstrate that without adequate regulation, AI adoption may exacerbate legal and social inequalities. Conversely, when appropriately regulated, AI can serve as a strategic instrument to strengthen the foundations of the rule of law and support democratic consolidation.
The Challenges of Implementing International Human Rights Norms in Domestic Legal Systems of Developing Countries Purwanto, Arif; Hassan, Majid
Justicia Insight Vol. 2 No. 1 (2025): Justicia Insight, November 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i1.291

Abstract

The incorporation of international human rights norms into domestic legal systems of developing countries remains a persistent challenge due to structural, political, and socio-economic constraints. While international human rights treaties establish binding obligations for state parties, their effective implementation often encounters obstacles such as weak legal institutions, lack of political will, limited resources, and cultural or religious tensions that may conflict with universal human rights principles. This article examines the complexities faced by developing countries in harmonizing international human rights standards with national legislation and judicial practices. Through a normative and comparative legal analysis, it identifies the key barriers to implementation, including constitutional limitations, conflicting customary laws, and insufficient enforcement mechanisms. Furthermore, the study highlights best practices from selected jurisdictions that have successfully integrated human rights norms, offering insights into potential pathways for strengthening compliance. The findings underscore the need for a multidimensional approach involving legal reforms, capacity-building of judicial institutions, and enhanced cooperation between international and domestic actors. Ultimately, this article argues that the effective domestication of human rights norms in developing countries is essential to ensure the universality and indivisibility of human rights in the global legal order.
The Role of International Arbitration in Resolving Cross-Border Commercial Disputes Sulton, Ahmad; Fikri, Abdillah
Justicia Insight Vol. 2 No. 1 (2025): Justicia Insight, November 2025
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i1.292

Abstract

International arbitration has emerged as a preferred mechanism for resolving cross-border commercial disputes due to its neutrality, flexibility, and enforceability. This study examines the pivotal role of international arbitration in addressing conflicts arising from global trade and investment activities. It explores the advantages of arbitration over traditional litigation, including party autonomy, procedural efficiency, confidentiality, and the recognition of arbitral awards under the New York Convention. Furthermore, the research highlights the challenges faced in arbitration practice, such as high costs, lengthy proceedings, and the need for harmonization across different legal systems. By analyzing key cases and international instruments, this paper underscores the significance of arbitration in promoting legal certainty, protecting business interests, and fostering international economic relations. The findings suggest that while arbitration remains an indispensable tool in global commerce, reforms are necessary to enhance its accessibility and effectiveness in resolving complex cross-border disputes.
Algorithmic Due Process in the Age of Generative AI: Developing a Human Rights-Centered Transnational Framework for Judicial Accountability and Human Rights Protection Ahmad Rizky Pratama; Mowafg Masuwd
Justicia Insight Vol. 2 No. 2 (2026): Justicia Insight, May 2026
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i2.375

Abstract

The rapid integration of generative artificial intelligence (AI) into judicial and quasi-judicial decision-making processes has transformed traditional understandings of procedural fairness, accountability, and legal legitimacy. While existing AI governance frameworks increasingly address transparency, risk management, and human oversight, they remain fragmented and insufficient to safeguard due process rights in transnational legal environments. This study examines how contemporary regulatory regimes respond to the procedural and human rights challenges posed by generative AI and evaluates their capacity to ensure judicial accountability across jurisdictions. Employing a comparative socio-legal mixed-methods approach, the study analyzes regulatory instruments and governance frameworks in the European Union, the United States, Canada, and Singapore, complemented by doctrinal legal analysis and comparative policy evaluation. The findings reveal substantial regulatory inconsistencies regarding explainability, contestability, algorithmic auditing, human oversight, and cross-border accountability. Existing frameworks continue to prioritize risk management while providing limited procedural safeguards for individuals affected by AI-assisted adjudicative systems. In response, this article develops a Human Rights-Centered Transnational Algorithmic Due Process Model that integrates explainability, contestability, human oversight, algorithmic auditability, human rights impact assessment, and cross-border accountability into a unified governance architecture. The study contributes to contemporary debates on AI governance by reconceptualizing algorithmic due process as a transnational legal principle capable of strengthening judicial accountability and protecting fundamental rights in the era of generative AI.
Beyond Regulatory Fragmentation: Developing a Global Administrative AI Governance Framework for Cross-Border Artificial Intelligence Systems Muhammad Fajar Adi Nugroho; Siti Nur Hanim; Luis Antonio Delgado
Justicia Insight Vol. 2 No. 2 (2026): Justicia Insight, May 2026
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i2.383

Abstract

The rapid expansion of cross-border artificial intelligence (AI) systems has exposed significant regulatory fragmentation across national, regional, and international governance regimes. Existing approaches to AI governance, including ethics-based frameworks, risk-based regulation, and digital constitutionalism, have contributed important normative principles but remain insufficient to address transnational accountability, oversight, and administrative coordination challenges. This article examines how Global Administrative Law (GAL) can provide a coherent legal foundation for governing AI systems that operate beyond territorial boundaries. Employing a normative socio-legal methodology, the study analyzes major AI governance instruments, including the European Union AI Act, OECD AI Principles, UNESCO Recommendation on the Ethics of Artificial Intelligence, Council of Europe initiatives, and relevant scholarly literature. The findings demonstrate that current governance models lack an integrated administrative architecture capable of ensuring transparency, participation, reviewability, accountability, and effective oversight across jurisdictions. In response, the article develops a Global Administrative AI Governance Framework (GAIGF), which integrates principles of GAL, digital constitutionalism, and algorithmic accountability into a multi-layered governance model for cross-border AI systems. The article argues that GAIGF offers a viable pathway toward regulatory interoperability and institutional coordination, thereby advancing both the theory and practice of global AI governance.
Deepfake Technology and Electoral Integrity: A Socio-Legal Analysis of Digital Manipulation and Democratic Rights in Indonesia Nanda Pratama; Bilaly Sangare
Justicia Insight Vol. 2 No. 2 (2026): Justicia Insight, May 2026
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i2.385

Abstract

The rapid development of deepfake technology has generated significant challenges for electoral integrity, democratic legitimacy, and digital rights protection in Indonesia. During the 2024 Indonesian presidential election, the increasing circulation of AI-generated political content intensified concerns regarding disinformation, voter manipulation, and the weakening of public trust in democratic institutions. This study examines the socio-legal implications of deepfake technology in Indonesian electoral processes and evaluates the adequacy of existing legal frameworks in addressing AI-driven political manipulation. The research employs a qualitative socio-legal approach using statutory analysis, conceptual analysis, and thematic analysis of academic literature, legal instruments, and recent electoral developments. The findings demonstrate that Indonesian regulations, including the Electronic Information and Transactions Law and the Personal Data Protection Law, remain fragmented and insufficient to comprehensively regulate deepfake-based electoral disinformation. Deepfake dissemination during political campaigns creates substantial risks to democratic participation, electoral fairness, and informational integrity, particularly through social media amplification and algorithmic targeting. This article argues that Indonesia requires a specific and integrated regulatory framework combining electoral law reform, digital platform accountability, and AI governance mechanisms to protect democratic rights in the digital era. The study contributes to contemporary socio-legal debates concerning artificial intelligence, cyber democracy, and electoral governance in emerging democracies.
Digital Citizenship in the Age of Algorithmic Governance: Toward a Socio-Legal Theory of Platform Constitutionalism and Democratic Legitimacy Muhammad Aditya; Nur Aiman; Siti Farah Aina
Justicia Insight Vol. 2 No. 2 (2026): Justicia Insight, May 2026
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i2.390

Abstract

The increasing concentration of regulatory power within digital platforms has transformed online intermediaries into influential actors that shape public discourse, regulate information flows, and determine the conditions of digital participation. Existing scholarship on digital constitutionalism has extensively examined platform governance, algorithmic regulation, and content moderation; however, limited attention has been devoted to the democratic foundations of platform legitimacy and the role of digital citizens in constituting legitimate governance structures. This article addresses this gap by developing a socio-legal theory of Participatory Platform Constitutionalism (PPC), which reconceptualizes digital citizenship as a normative source of democratic legitimacy in platform governance. Employing qualitative socio-legal and conceptual legal research, the study analyzes contemporary debates on digital constitutionalism, algorithmic governance, democratic legitimacy, and digital citizenship through an interdisciplinary theoretical framework. The analysis demonstrates that existing platform constitutionalism models remain constrained by procedural approaches emphasizing transparency and accountability while neglecting meaningful citizen participation. The article argues that democratic legitimacy in algorithmic governance requires the institutionalization of five interconnected constitutional rights: participation rights, contestation rights, algorithmic transparency rights, data sovereignty rights, and collective oversight rights. By integrating digital citizenship theory into digital constitutionalism scholarship, this article proposes a new framework for evaluating and reforming platform governance, contributing to ongoing debates concerning democratic accountability, constitutional ordering, and regulatory legitimacy in the digital age.
Hybrid Judicial Legitimacy in the Algorithmic Era: Toward a Socio-Legal Theory of Human–AI Adjudication Across Legal Traditions Andreas Yotam Wanggai; Ahmad Firdaus; Maria Lourdes Santos
Justicia Insight Vol. 2 No. 2 (2026): Justicia Insight, May 2026
Publisher : Lembaga Publikasi Ilmiah Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/justin.v2i2.392

Abstract

The rapid integration of artificial intelligence (AI) into judicial systems has transformed traditional conceptions of adjudication, legal authority, and judicial legitimacy. While existing scholarship has extensively examined algorithmic accountability, explainability, and the ethical implications of AI-assisted decision-making, limited attention has been devoted to understanding how judicial legitimacy is reconstructed when adjudicative authority is shared between human judges and algorithmic systems. This article addresses that gap by developing a socio-legal theory of hybrid judicial legitimacy across diverse legal traditions. Employing a comparative socio-legal and theory-building methodology, the study analyzes legal, sociological, and governance literature concerning AI-assisted adjudication, procedural justice, rule of law, and comparative legal traditions. The findings demonstrate that judicial legitimacy in the algorithmic era can no longer be grounded solely in judicial authority or procedural fairness. Instead, legitimacy increasingly depends on the interaction among human judicial discretion, procedural justice guarantees, and algorithmic accountability mechanisms. Based on this analysis, the article proposes the Hybrid Judicial Legitimacy Model (HJLM), a theoretical framework that explains how legitimacy can be sustained within AI-assisted courts while preserving legal authority and public trust. The article contributes to contemporary law studies by reconceptualizing legitimacy as a multidimensional socio-legal construct that integrates human judgment and algorithmic governance within emerging forms of digital justice.

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