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INDONESIA
Journal of Law, Society and Living Norms
Published by CV. Norma Global
ISSN : -     EISSN : 31232566     DOI : https://doi.org/10.66111
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Legal Studies and Interdisciplinary Research Constitutional Law and Constitutional Theory International Law and Global Governance Comparative Legal Systems Human Rights Law and Social Justice Corporate and Commercial Law Criminal Law and Justice Studies Civil Law and Private Law Legal Philosophy and Jurisprudence Law and Technology Environmental Law Legal Education and Methodology Interdisciplinary Legal Research Legal Culture and Customary Law Alternative and Medical Law Legal Pluralism Socio Legal Studies Sociological Jurisprudence Law and Artificial Intelligence Law and Cyber Crime
Arjuna Subject : Ilmu Sosial - Hukum
Articles 22 Documents
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Ethical Principles and Legal Responsibility in Artificial Intelligence: Ensuring Fairness and Accountability in AI Governance Muhidin; Lu Sudirman
Journal of Law, Society and Living Norms Vol. 1 No. 2 (2025): December 2025
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/ctftkd63

Abstract

Artificial intelligence (AI) presents significant ethical and legal challenges, particularly regarding algorithmic bias, opaque decision-making, and the absence of clear liability mechanisms. This study examines how key ethical principles such as transparency, fairness, privacy protection, and accountability can be integrated into a legal responsibility framework to support fair and accountable AI governance. The research uses a normative juridical method with conceptual, statutory, and case approaches to assess the limitations of traditional liability models when applied to autonomous systems. The findings indicate that algorithmic bias can lead to both material and procedural injustice, while gaps in regulation create uncertainty about who should bear responsibility for AI-related harm. This study recommends the application of fairness by design, mandatory model documentation, algorithmic audits, and shared responsibility among developers, operators, and users. These findings highlight the need for adaptive regulation to ensure that the use of AI upholds justice, protects individual rights, and serves the public interest.
Legal Analysis of Artificial Intelligence Utilization in The Formation of Authentic Deeds Under Indonesian Notarial Law Widya Wahyu Utami; Ratih Agustin Wulandari
Journal of Law, Society and Living Norms Vol. 1 No. 2 (2025): December 2025
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/0hzq7c39

Abstract

Advancements in artificial intelligence (AI) had introduced new forms of automation into legal services, including notarial practice. This research examined the extent to which AI could be utilized in the formation of authentic deeds without violating the formal requirements stipulated under Indonesian law. Using a normative legal research methodology supported by a statute and conceptual approach, this study analyzed the Civil Code, the Notary Office Law, and the Electronic Information and Transactions Law, alongside recent scholarly literature. The findings showed that AI had no legal standing as a public official, could not verify the legal capacity or free will of the parties, and could not fulfill mandatory procedural requirements such as physical presence, reading of the deed, and witnessing. AI was therefore limited to administrative and analytical support, including drafting templates, conducting legal research, and managing electronic documents. The study concluded that the use of AI in creating authentic deeds remained legally impermissible, as the validity of such deeds depended on human supervision and direct involvement of a notary as mandated by statutory provisions.
Reconstructing the Application of Denda Damai (Settlement-by-Fine Mechanism) in Corruption Cases: A Socio-Legal and Cultural Perspective in Indonesia Adi Setya Desta Landya; Aida Dewi
Journal of Law, Society and Living Norms Vol. 1 No. 2 (2025): December 2025
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/7r4rg320

Abstract

The growing discourse on the application of denda damai (settlement-by-fine mechanism) as an alternative approach to corruption cases reflected a shifting orientation in Indonesian law enforcement from retributive punishment toward administrative efficiency and restorative considerations. This study employed a normative legal method supported by a socio-legal perspective to evaluate whether this mechanism could be normatively justified and socially accepted when applied to corruption, which is legally classified as an extraordinary crime. The analysis showed that, although the settlement-by-fine mechanism offered potential administrative efficiency and faster recovery of state losses, it conflicted with the Anti-Corruption Law, which explicitly stated that restitution did not eliminate criminal liability. The findings also demonstrated strong public resistance rooted in cultural expectations of punitive justice toward corruption offenders. This study concluded that any policy reform in this area required normative consistency, procedural safeguards, and cultural legitimacy to align restorative aspirations with Indonesia’s prevailing legal and social values.
Legal Risks of Article 47 of Law No. 3/2025 on the Assignment of Active-Duty TNI Personnel to Civilian Office Febriyan Victorinus Lolobua; Lisma Lumetut
Journal of Law, Society and Living Norms Vol. 1 No. 2 (2025): December 2025
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/erj35h93

Abstract

The amendment of Law No. 34/2004 through Law No. 3/2025 raises significant legal risks regarding the separation between military and civilian authority in Indonesia. The revised Article 47 expands the scope for assigning active-duty military personnel to fourteen ministries and agencies and permits broader transfers upon resignation or retirement. This study examines the legal risks and institutional implications of these provisions using a normative legal research method grounded in statutory analysis and official documents. The findings indicate a growing discrepancy between formal legal requirements and practical implementation, illustrated by the appointment of an active-duty officer as President Director of a state-owned enterprise outside the statutory list. This revolving-door pattern weakens legal certainty, expands potential conflicts of interest, and blurs civil–military boundaries established after the 1998 Reform. The study concludes that without strict enforcement of legal safeguards, the amendment risks undermining civilian supremacy, diluting accountability mechanisms, and enabling the resurgence of dual-function practices. Strengthening institutional oversight is essential to maintain democratic governance and uphold the principle of civilian control.
Ensuring Legal Protection for Civil Servants in Government Procurement: Reducing Criminalization Risks Through Strengthened Administrative Oversight and Accountability Frameworks Rahman, Fera Julia; AA Sagung Laksmi Dewi
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/jrsg0f39

Abstract

This study examined the legal protection afforded to civil servants involved in Government Goods and Services Procurement and assessed how regulatory and institutional safeguards could reduce the growing trend of administrative errors being treated as criminal offenses. Using a normative juridical approach supported by statutory interpretation, doctrinal analysis, and interviews with procurement practitioners, the Research Identified a Persistent Mismatch Between The Legal Framework and Its Implementation. Although procurement regulations formally placed early-stage oversight under the Government Internal Supervisory Apparatus (APIP), law-enforcement bodies frequently intervened before administrative review was completed, resulting in summonses and investigations that created a deterrent effect among procurement officials. The findings showed that clearer distinctions between administrative, civil, and criminal liability, combined with reinforced APIP authority and accessible alternative dispute-resolution mechanisms, would enhance legal certainty for civil servants and stabilize procurement performance. This study provided theoretical refinement to the concept of accountability in procurement law and offered practical recommendations for strengthening institutional safeguards to prevent unwarranted criminalization.
Rechterlijk Pardon and the Enforcement of Tax Crimes: A Normative Framework to Strengthen State Financial Recovery Leo Satria Eka Putera; Ino Susanti
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/0fyvq395

Abstract

Rechterlijk pardon was introduced by Law No. 1 of 2023 as a new sentencing mechanism that allows judges to declare a defendant guilty without imposing punishment when substantive justice favors leniency. Although this mechanism applies generally to criminal cases, its relevance for tax crime enforcement has not been examined, particularly in relation to the restorative orientation of the Law on General Provisions and Procedures for Taxation (UU KUP). This study employed normative legal research to evaluate the doctrinal foundation, practical implications, and policy relevance of applying rechterlijk pardon in tax crime cases where the recovery of state financial losses is the primary objective. The findings indicated that existing administrative pathways in Article 8 paragraph (3) and Article 44B UU KUP facilitate fiscal recovery but do not address situations in which criminal liability is proven yet imprisonment is disproportionate. Rechterlijk pardon has the potential to harmonize restorative justice principles with efficient tax enforcement, although its application requires clear safeguards to prevent moral hazard and maintain deterrent effect. This article constructed a conceptual framework outlining conditions under which judicial pardon may be appropriate in tax crime cases and argued that regulatory alignment between UU KUP and the new KUHP is essential for ensuring legal certainty and accountability.
Reconstructing Restorative Justice-Based Law Enforcement to Strengthen Substantive Justice and Sustainable Peace in Indonesia Muhammad Nizar Siradjuddin; Amri Panahatan Sitohang
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/38m92z85

Abstract

The retributive model that dominates Indonesia’s criminal justice system has struggled to address prison overcrowding, low victim satisfaction, and weak offender accountability. These structural problems indicate a gap between formal legal certainty and the substantive justice expected by society. This study examines how restorative justice can be normatively reconstructed to strengthen both substantive justice and sustainable peace. Using a normative juridical method supported by conceptual, statutory, and comparative approaches, the analysis demonstrates that current regulations, such as the Juvenile Criminal Justice System Law and Police Regulation Number 8 of 2021, remain fragmented and insufficient to guide consistent implementation. The findings show that restorative justice provides a more relational, victim-centered, and accountability-based framework, but its effectiveness depends on legal coherence, institutional capacity, and safeguards against misuse. Comparative insights from New Zealand and Canada confirm that structured restorative models can reduce recidivism and improve legitimacy when adapted to local contexts. This study concludes that reconstructing restorative justice within Indonesia’s criminal justice policy is essential to align law enforcement with substantive justice and long-term social harmony.
Strengthening Justice Collaborator Protection Through LPSK-Managed Special Detention Facilities in Indonesia Lia Gunawan; Dinalara Dermawati Butar Butar
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/28zwq619

Abstract

The feasibility of establishing special detention facilities for Justice Collaborators under the Witness and Victim Protection Agency (LPSK) was examined to address persistent failures in ensuring consistent physical and procedural security within existing detention centres. Separation of detention has long been recognized as a core component of protection, yet current institutional arrangements have left Justice Collaborators vulnerable to threats and operational inconsistencies. Using a doctrinal and conceptual legal approach supported by case-based assessment, the research identified clear normative gaps, institutional fragmentation, and practical constraints that undermine effective protection. The findings showed that LPSK holds structural advantages such as institutional independence, control over protection standards, and continuity of monitoring, while simultaneously lacking an explicit legal mandate and detailed operational framework to manage detention facilities. Results indicated that LPSK-managed detention centres are normatively justified but require a firm regulatory basis, standardized procedures, and coordinated mechanisms with law-enforcement agencies. The analysis concluded with recommendations for designing a legally grounded and operationally feasible model for such facilities.
Criminal Liability for The Perpetrators of TikTok Account Forgery in Indonesia Sonya Pasaribu; Leo Lo
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/6jgxg842

Abstract

The rapid expansion of digital connectivity in Indonesia has increased exposure to identity-based cybercrime, including the creation of fake TikTok accounts. With internet penetration reaching over 78 percent of the population and more than 139 million active social media users, digital platforms have become central to economic and social interaction (APJII, 2023; We Are Social & Meltwater, 2024). This study analyzes the legal qualification of TikTok account forgery within Indonesian criminal law and examines whether such conduct fulfills the elements of criminal liability under Article 35 of the Law on Electronic Information and Transactions (ITE Law). Using a normative juridical method with statutory and conceptual approaches, the research applies grammatical, systematic, and teleological interpretation to assess the structure of the offense. The findings demonstrate that TikTok accounts qualify as Electronic Documents under Article 1 of the ITE Law and that the deliberate creation of fake accounts intended to appear authentic satisfies the objective and subjective elements of Article 35. Criminal sanctions may therefore be imposed under Article 51 paragraph (1), which provides penalties of up to twelve years’ imprisonment and substantial fines. The study further identifies enforcement challenges related to digital attribution and evidentiary standards, while affirming the normative sufficiency of the ITE Law in addressing digital identity manipulation. The research contributes to strengthening doctrinal clarity and proportional application of criminal sanctions within Indonesia’s evolving digital legal landscape.
Legal Protection for PLN in The Disclosure of Customer Data to Law Enforcement Agencies Riganu Tirta Prastawa; Dewi Kartika
Journal of Law, Society and Living Norms Vol. 1 No. 3 (2026): April 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/tfdnnx31

Abstract

The interaction between personal data protection and criminal law enforcement created a normative tension within the Indonesian legal system. The enactment of Law Number 27 of 2022 on Personal Data Protection strengthened constitutional guarantees of privacy, while criminal procedural regulations continued to prioritize public interest and effective investigation. PT PLN (Persero), as a state-owned enterprise managing extensive customer data, occupied a legally sensitive position when responding to requests from law enforcement agencies. This research employed a normative juridical approach to examine statutory provisions governing data disclosure and institutional responsibility. The findings indicated that personal data protection was not absolute and could be limited for legitimate investigative purposes based on statutory authority. However, the absence of detailed implementing regulations created interpretative ambiguity and potential institutional vulnerability. Legal certainty could be strengthened through formal written authorization, proportional disclosure standards, and clearer regulatory safeguards ensuring accountability in the disclosure process.

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