YustisiaPub Date : 2023-04-16DOI: 10.20961/yustisia.v12i1.56065
Vita Mahardhika, P. Astuti, Aminuddin Mustaffa
{"title":"Could Artificial Intelligence be the Subject of Criminal Law?","authors":"Vita Mahardhika, P. Astuti, Aminuddin Mustaffa","doi":"10.20961/yustisia.v12i1.56065","DOIUrl":"https://doi.org/10.20961/yustisia.v12i1.56065","url":null,"abstract":"The use of artificial intelligence can increase productivity and efficiency in various sectors of life. However, it can also potentially cause legal problems especially criminal law if they result in losses. The subject of law in determining who should be responsible is a separate issue. This research examines whether technology using artificial intelligence can be used as the subject of criminal law so that criminal responsibility can be held. This research is normative juridical research with a statutory, conceptual approach and cases related to artificial intelligence and criminal law issues. The study shows that the ability to analyze and make decisions possesed by artificial intelligence can be indicated as \"malicious intent\". Yet, the concept of punishment for the artificial intelligence system requires a unique formula, as the personality of artificial intelligence cannot be equated with the personality of a human or legal entity. The granting of legal status through a criminal sanction mechanism in the form of machine deactivation, reprogramming, and the severity of destroying machines is expected to provide future solutions to minimize the risk of criminal acts by artificial intelligence.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42497370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2023-04-16DOI: 10.20961/yustisia.v12i1.73146
Awwal Muhhammad Shafiu, Abdullahi M. Umar, Halimah Binti Abdul Manaf
{"title":"Leadership Challenges in Democratization: An Analysis of Independent National Electoral Commission of Nigeria","authors":"Awwal Muhhammad Shafiu, Abdullahi M. Umar, Halimah Binti Abdul Manaf","doi":"10.20961/yustisia.v12i1.73146","DOIUrl":"https://doi.org/10.20961/yustisia.v12i1.73146","url":null,"abstract":"This study discusses Electoral Management Bodies (EMBs) leadership challenges utilizing INEC's environment. INEC leadership underperformance compelled the study. The study aimed to identify INEC leaders' 1999–2019 difficulties. The study used in-depth interview data. Nine commission leaders with extensive expertise were interviewed. The analysis shows that INEC's leadership system hinders its mandate. Inadequate manpower, political elites' manipulation, inadequate training, ad-hoc staff problems, inadequate funding, lack of technological know-how, financial autonomy, standard operating system, poor electorate cooperation, and political interference have hampered INEC's democratic election organization in Nigeria. The INEC should have complete independence, embrace innovations, reforms, sensitization programs, adequate funding, more permanent staff, improved voting machines, and training and retraining to help Nigeria hold credible elections. These obstacles help INEC leadership establish itself in the electoral system to foster democratic growth, maturity, and consolidation","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43340398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2023-04-16DOI: 10.20961/yustisia.v12i1.63999
Dewi Cahyandari
{"title":"The Good Governance Principle in Fictitious-Positive Case Applications After the Job Creation Law","authors":"Dewi Cahyandari","doi":"10.20961/yustisia.v12i1.63999","DOIUrl":"https://doi.org/10.20961/yustisia.v12i1.63999","url":null,"abstract":"The enactment of Law Number 30 of 2014 expands the competence of the State Administrative Court in protecting members of the public but also state administrators. Law Number 6 of 2023 concerning Job Creation (Law on Job Creation) mentions fictitious-positive cases in Article 175 number 6, which has changed the provisions on fictitious-positive cases. This study aims to see that the judiciary examines fictitious-positive cases after the enactment of the Job Creation Law and how the public submits requests for review of cases after the Act comes into effect. The research is normative and has a legal and philosophical approach. The research data consisted of primary and secondary materials. The authority of judges to examine fictitious-positive cases has been lost after the enactment of the Job Creation Law, reducing the use of the General Principles of Good Governance in reviewing fictitious-positive cases. However, the enforcement of the Job Creation Law seems to leave legal uncertainty for justice seekers regarding fictitious-positive matters, indicating that the reinstatement of the judiciary's authority to review applications for these fictitious-positive cases needs to be taken into account","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44120697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-12-31DOI: 10.20961/yustisia.v11i3.59287
Nanik Trihastuti, T. Indreswari, D. Kandou, M. Ardani, Dias Ramadhan
{"title":"Legal Protection of Stateless Persons Arising From Cross-Border Marriage: Case of Indonesia – East Timor","authors":"Nanik Trihastuti, T. Indreswari, D. Kandou, M. Ardani, Dias Ramadhan","doi":"10.20961/yustisia.v11i3.59287","DOIUrl":"https://doi.org/10.20961/yustisia.v11i3.59287","url":null,"abstract":"Statelessness is a continuing international legal issue, with individuals lacking the protection of fundamental rights within the jurisdiction of a State. One aspect contributing to this problem is customary cross-border marriage between people of different nationalities, particularly in local border towns, for a variety of reasons. This study examines the phenomenon as a cause of statelessness and undocumented individuals and what the legal protection that international human rights instruments provide for States to comply. This study uses legal research by comparing the East Timor Constitution. Based on the study's results, the potential for statelessness and undocumented people due to cross-border marriage by custom has a detrimental effect on both women and children since it is difficult for them to obtain residence documents. Cross-border marriages between East Timorese men and Indonesian women by customary causing unregistered in Indonesia and East Timor. Field research shows that Indonesian women/wives in East Timor cannot exercise their rights since they are not East Timorese nationals. Noting the conflict of nationality laws between States, especially bordering States, the failure of both States to accommodate women that married are non-nationals breaches Article 9 of CEDAW and constitutes as discrimination against women defined under Article 1 of CEDAW","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49502959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-12-29DOI: 10.20961/yustisia.v11i3.61262
S. Sefriani, Vania Lutfi Safira Erlangga
{"title":"The Legality of Israel’s Self-Defense Claim of the Strikes on Hamas","authors":"S. Sefriani, Vania Lutfi Safira Erlangga","doi":"10.20961/yustisia.v11i3.61262","DOIUrl":"https://doi.org/10.20961/yustisia.v11i3.61262","url":null,"abstract":"The attacks by Israel against Palestine, which took place from 10th to 12th May in the Gaza Strip caused massive losses of civilians. Israel claims that the strikes are forms of self-defense in response to previous attacks by Hamas. This study has two objectives: (1) to analyze the arrangements of self-defense in international law and (2) to find out the legality of Israel’s self-defense claim of the strikes on Hamas on May 10-12, 2021. The study was a juridical-normative legal study with a conceptual, historical, and statutory approaches. The results of the study reveal that (1) self-defense is customary international law contains in Article 51 of the United Nations Charter; (2) Israel’s self-defense claim is invalid since it does not comply with Article 51 of the United Nations Charter and elements contained in International Customary Law, such as necessary, proportionality, immediacy, and imminence.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49020180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-12-25DOI: 10.20961/yustisia.v11i3.56339
S. Sukarmi, Ranitya Ganindha, R. Dewantara
{"title":"Cartel Indications on Determination of Loan Interest Rate in Fintech Lending","authors":"S. Sukarmi, Ranitya Ganindha, R. Dewantara","doi":"10.20961/yustisia.v11i3.56339","DOIUrl":"https://doi.org/10.20961/yustisia.v11i3.56339","url":null,"abstract":"The application of information technology platforms that appear in business transactions in Indonesia is a pattern of business models that cannot be avoided. One of the rapidly growing technology companies is an online loan service.The ease of borrowing funds through these services supports business growth. In contrast to the banking sector, which is regulated by a series of strict government regulations and the determination of interest rates that have been determined by looking at economic conditions. The absence of regulation in the legislation makes AFPI set the limit for determining the maximum interest rate, but the determination of interest rates by AFPI is suspected to lead to cartel actions. There is a close relationship between fair business competition and consumer protection. This research is a normative juridical research with a statutory approach and a comparative approach. In this case, the setting of interest rate limits will reduce consumers’ rights to get competitive prices. The existence of conscious parallelism by the AFPI on the LPMUBTI services can be categorized as a price fixing agreement. It is because the determination of the maximum interest rate limit is not regulated through direct government regulations.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47603152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-12-25DOI: 10.20961/yustisia.v11i3.68070
Intan Baretta Nur Annisa
{"title":"The Recent Crisis of the WTO Appellate Body: Is the WTO’s Reform a Solution?","authors":"Intan Baretta Nur Annisa","doi":"10.20961/yustisia.v11i3.68070","DOIUrl":"https://doi.org/10.20961/yustisia.v11i3.68070","url":null,"abstract":"At the end of 2019, the international society was surprised by the cessation of the Dispute Settlement Body of the World Trade Organization (WTO) since the United States (US) blocked the election of the new judge of the Appellate Body (AB). This study examined the superiority and drawbacks of the implementation and capacity of the WTO dispute settlement body (DSB) to maintain the trading system among the state members. This paper finds that the WTO DSB plays a crucial role in the panel report’s acceptance. WTO also continues to develop and is characterized by a strict interpretation of the WTO treaties. Nevertheless, provisions were criticized, which made their implementation inefficient, such as retaliation, the lack of transparency, the restriction of amicus curiae briefs, the procedure of concession suspension, and the deficiency in the enforcement of the report by the injured party. The crisis that happened to the AB could trigger countries to revise the mistakes in the WTO whole system. This situation presents a chance to resolve issues about the output quality and institutional mandate observance of the WTO tribunals. Overall, the ideal option for member states is to continue incurring the costs of loss, develop a consensus, earn global benefits to keep the trading system running and support the WTO through active participation.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49285428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-12-25DOI: 10.20961/yustisia.v11i3.68402
Melaku T Zengeta
{"title":"Access to Justice: New Right or a Reaffirmation of Existing Human Rights for Persons with Disabilities?","authors":"Melaku T Zengeta","doi":"10.20961/yustisia.v11i3.68402","DOIUrl":"https://doi.org/10.20961/yustisia.v11i3.68402","url":null,"abstract":"The Convention for the Rights of Persons with Disabilities (CRPD), as a specific human rights instrument, seems to create a new disability-specific right to access justice under Article 13. This study analyzed the place of specific rights for people with disability to access justice in the CRPD. This study concludes that Article 13 of the CRPD has expanded the traditional conceptions of access to justice since it also covers effective remedy and fair hearing. Several inherent limitations, or impairments, which interact with multidimensional and inherent barriers, have prevented persons with disabilities from accessing justice based on equality. The article has shown that the new set of rights is a guarantee of justice. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42472862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-09-09DOI: 10.20961/yustisia.v11i2.56421
Prischa Listiningrum, S. H. Idris, S. Suhartini, Dwima Vilandamargin, Sherlita Nurosidah
{"title":"Regulating Biogas Power Plant From Palm Oil Mill Effluent (POME): A Challenge to Indonesia's Just Energy Transition","authors":"Prischa Listiningrum, S. H. Idris, S. Suhartini, Dwima Vilandamargin, Sherlita Nurosidah","doi":"10.20961/yustisia.v11i2.56421","DOIUrl":"https://doi.org/10.20961/yustisia.v11i2.56421","url":null,"abstract":"Palm Oil Mill Effluent (POME) is a potential source of bioenergy but it is also known as one of the biggest emission's contributor from palm oil industry thus capturing the produced methane (CH4) is necessary in creating a sustainable energy for the environment. This article examines current regulations of generating electricity from POME. The ultimate aim is to promote renewable energy deployment in Indonesia in order to support the just energy transitions to a low carbon economy. By using legal doctrinal and socio legal research, this study initially looks at the existing regulations. Afterwads, interviews are conducted to the palm oil industry in order to explore potential threats in developing this source of energy. The main findings suggest that there are number of government interventions needed to support the construction of POME based biogas power plant, such as providing a scheme of green loans, adjusting the feed-in tariffs and revising the grid systems, imposing incentives for carbon reduction, and applying the power purchase agreement. In addition, increasing public perception to combat the climate change by moving significantly to a low carbon economy is critical to fostering the 2030’s emission reduction target","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43328382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
YustisiaPub Date : 2022-09-09DOI: 10.20961/yustisia.v11i2.61111
Dhaniswara K. Harjono
{"title":"Legal Development of the Validity of Electronic Mortgage Certificates in the Land Registration System in Indonesia","authors":"Dhaniswara K. Harjono","doi":"10.20961/yustisia.v11i2.61111","DOIUrl":"https://doi.org/10.20961/yustisia.v11i2.61111","url":null,"abstract":"Electronic encumbrance Right is one of the breakthroughs made by the Minister of Agrarian Affairs to improve services in the land sector and support the Government in realizing a digital bureaucracy in Indonesia. This paper aims to deeply examine the validity and execution of such electronic Encumbrance Right Certificates.The main findings show that the electronic Encumbrance Right Certificate cannot be separated from the provisions of the Electronic Information and Transactions law, which lays out the conditions that must be met for the validity of electronic certificates and their status as evidence in court. The problem of authentication differs from the acknowledgement of electronic data. If the data or electronic documents are accepted or legally recognized, the authentication process for the data will automatically follow. The authentication process is a matter of technology while acknowledging electronic documents involves formal recognition in laws and regulations. Electronic evidence consisting of Electronic Information or Electronic Documents or the printouts produced by the Electronic System is legal evidence. On the other hand, if the Electronic Information is not generated through the Electronic System, the evidence cannot automatically be assessed as valid. Such electronic information can be used as electronic evidence if the authenticity, accuracy, and integrity have been verified through an information technology forensic audit","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45923209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}