- Research Article
- 10.20961/yustisia.v14i3.101459
- Jan 2, 2026
- Yustisia Jurnal Hukum
- Rd Dewi Asri Yustia + 1 more
<p style="text-align: justify;">The oversight and monitoring of the implementation of criminal sentences represent a vital yet inadequately developed aspect of Indonesia’s criminal justice system, especially in achieving sentencing goals such as rehabilitation, deterrence, and social reintegration. This article is urgent because criminal penalties are getting more complicated, judges have too much work to do, and information and communication technology (ICT) is moving too quickly for the Criminal Procedure Code (KUHAP) to keep up with. The study seeks to investigate the legal obstacles encountered by courts in the oversight of criminal offenders via ICT and to develop a suitable legislative framework that confers binding legal authority to such technology. Utilizing a normative juridical methodology encompassing statutory, conceptual, philosophical, and comparative frameworks, this study examines Indonesian criminal procedural law in conjunction with comparative practices from several jurisdictions. The findings indicate substantial normative deficiencies in KUHAP regarding the utilization of ICT for judicial oversight and monitoring, leading to the constrained efficacy of post-sentencing supervision. The study suggests the explicit integration of ICT-based supervision standards into KUHAP to enhance judicial oversight of sentence implementation. The study enhances the evolution of criminal law by promoting discourse on criminal law policy, especially in reconciling procedural law reform with technological advancements and the changing aims of punishment.</p>
- Research Article
- 10.20961/yustisia.v14i3.109656
- Dec 31, 2025
- Yustisia Jurnal Hukum
- Admiral Admiral + 3 more
<p><em>The rise of standard-form digital contracts, such as clickwrap and browsewrap agreements, has changed the way contracts work in the contemporary world by putting efficiency ahead of justice. These contracts make it easier to scale up and access. However, they often include provisions that are not changeable and are unjust, which makes meaningful consent, consumer autonomy, and legal justice less likely. This study examines to explore the legal, ethical, and human rights dimensions of standard form digital contracts. This study uses legal research with comparative analysis of regulatory frameworks and judicial practices in the European Union, the United States, and Indonesia. The study identifies recurrent unfair clauses, including unilateral limitation of liability, forced arbitration, unilateral modification of terms, and excessive personal data exploitation. The findings reveal that formal consent mechanisms in digital contracts often function as legal fictions that obscure structural power imbalances and enable systematic violations of consumer rights and fundamental human rights, particularly the rights to privacy, information, and effective legal remedy. This article also contributes to the development of contemporary contract law by advancing a rights-based and substantive fairness approach to digital contracting, emphasising human dignity, autonomy, and equitable power relations as core standards for assessing contractual validity in the digital economy</em></p>
- Research Article
- 10.20961/yustisia.v14i2.93969
- Aug 29, 2025
- Yustisia Jurnal Hukum
- Ilham Abbas + 1 more
<div class="WordSection1"><p><em>Indonesia's growing population has contributed to the expansion of e-commerce, but state revenue stagnates. Meanwhile, social commerce platforms have created harmful rivalry, threatening MSMEs' sustainability. The study seeks to identify legal issues in social commerce platforms, including taxation and fair competition, and provide a regulatory framework that maximizes digital sector state revenue while protecting domestic firms. This study uses legal research methodology, focusing on a statutory and comparative approach. The finding reveals that insufficient tax compliance among e-commerce participants, inadequate oversight of foreign social commerce businesses, and predatory pricing practices are the main causes of structural inequality. Additionally, uneven government policies reduce domestic enterprises' competitiveness. This study recommends mandating foreign social commerce platforms to establish a permanent presence in Indonesia to comply with national tax regulations, allocating a minimum of 30% of social commerce tax revenues to empower MSMEs and support digitalization programs, implementing cross-ministerial big data monitoring for transaction oversight, and strengthening the Business Competition Supervisory Commission to combat predatory behavior. A comprehensive regulatory reform is expected to balance governmental interests, MSMEs, and the global digital economy.</em></p></div><em><br clear="all" /></em>
- Research Article
- 10.20961/yustisia.v14i2.98092
- Aug 15, 2025
- Yustisia Jurnal Hukum
- Firdaus Arifin + 4 more
<p><em>The legislative process in Indonesia faces persistent challenges, including inefficiency, limited transparency, and minimal public participation. This study examines the integration of AI, particularly Natural Language Processing, into the design of an e-legislation system to address these systemic issues. Employing a normative-empirical legal research methodology, this study combines doctrinal legal analysis with a design science approach to prototype an AI-driven legislative platform. The study reveals that integrating AI, particularly Natural Language Processing, can enhance legal drafting efficiency, improve legislative process transparency, and enable real-time public participation. The proposed AI-driven legislation system can detect redundancies, contradictions, and legal inconsistencies, as well as classify public input to support evidence-based decision-making. The study underscores the importance of explainable AI principles, algorithmic transparency, and participatory feedback mechanisms to uphold democratic legitimacy. Pivotal challenges identified include limited digital infrastructure, the absence of specific legal frameworks for AI in legislation, and risks of bias and privacy violations. The study recommends establishing specific regulations, conducting pilot testing of the prototype system, and fostering multidisciplinary collaboration to ensure AI's ethical, accountable, and inclusive use in Indonesia's law-making process</em></p>
- Research Article
- 10.20961/yustisia.v14i2.101636
- Aug 13, 2025
- Yustisia Jurnal Hukum
- Vicko Taniady
<div class="WordSection1"><div class="WordSection1"><p><em>The rapid development of AI has raised legal challenges, particularly when AI causes harm or even death. This study analyses criminal liability in AI cases from the perspectives of Indonesian and international law, with a primary case study focusing on the death of a teenager resulting from interaction with an AI chatbot. The study aims to examine whether traditional principles of criminal liability (actus reus and mens rea) can be applied to AI and evaluate the readiness of the Indonesian legal system to manage AI-related cases. The research adopts a qualitative approach with doctrinal, comparative, and interdisciplinary analyses. The findings indicate that AI cannot fulfil the element of mens rea. Thus, criminal liability must be transferred to the actors behind AI, such as developers or service providers, through vicarious liability mechanisms. Comparatively, some jurisdictions, such as the European Union, have adopted a risk-based approach to regulate AI, while Indonesia still faces a legal vacuum. This study suggests that legal reforms are needed, including the establishment of a special category of liability for AI, mandatory risk assessment, and harmonising international regulations. Therefore, a responsive legal framework can be established to protect individual rights and ensure the responsible development of AI.</em></p></div></div>
- Research Article
- 10.20961/yustisia.v14i1.93681
- May 13, 2025
- Yustisia Jurnal Hukum
- Diah Apriani Atika Sari + 2 more
<div class="WordSection1"><p><em><span>The principle of Sic utere tuo ut alienum non laedas requires the state to avoid environmental damage and to prevent harmful activity on its territory. UNFCCC laws restrict states from emitting excessive greenhouse gases. Avoiding environmental damage is crucial to protecting against losses and mitigating global warming in the context of climate change. This study aimed to examine of the interplay between the principle of Sic utere tuo ut alienum non laedas, the duty to refrain from environmental degradation, and the responsibility of tackling climate change. </span><span lang="IN">The results show that the state caused increasing sea levels, melting glaciers and polar ice, and unpredictable hydrological cycles due to enormous greenhouse gas emissions. Climate change was less important than the sovereign right to develop and explore natural resources. International legislative tools like the Climate Change Convention slowed climate change. International law requires environmental protection under sic utere tuo ut alienum non-laedas. Climate change conventions did not accept this principle. In Anglo-Saxon law, sic utere tuo ut alienum non laedas—the principle of no harm—required state accountability for international law infractions and restitution. The state was held accountable under international law for excessive greenhouse emissions under strict liability.</span></em></p></div><p><em><br clear="all" /></em></p>
- Research Article
- 10.20961/yustisia.v14i1.93825
- May 10, 2025
- Yustisia Jurnal Hukum
- Fenty Puluhulawa + 4 more
<div class="WordSection1"><p><em>Fisheries,</em> <em>tourism, and transportation depend on coastal habitats, which support diverse wildlife. Plastic garbage increasingly endangers these areas, which harms marine life and the ecology. This study examines how coastal garbage management affects legal knowledge, compliance behaviour, and community participation. The study uses green criminology to show how conventional legal systems prioritise direct crimes over environmental crimes, such as inappropriate plastic and waste disposal. The study found a large difference between coastal communities' environmental knowledge and compliance. Despite knowing the rules, many community members break them due to a lack of enforcement, infrastructure, or motivation. This circumstance emphasises the need for stronger laws, greater enforcement, and more inclusive community-based trash management. Sustainable coastal management requires community involvement and legal accountability to protect ecosystems and public health</em></p></div>
- Research Article
- 10.20961/yustisia.v14i1.93621
- May 10, 2025
- Yustisia Jurnal Hukum
- Milda Istiqomah + 2 more
<em><span>Conflict and bloodshed continue in Papua, whether by governmental actors or the Criminal Armed Group. The Coordinating Ministry for Politics, Law, and Security declared the KKB in Papua a terrorist organisation in 2021 after classifying it as a separatist organisation. This study aims to look into what it means that the Papuan government called the KKB a "terrorist organisation." In this article, socio-legal research examines whether labelling the Papuan KKB as a terrorist group is legal and what that means. It also includes interviews with state security experts and Papua experts. The study's results showed that labelling the Papuan KKB as a terrorist group could make the security and human rights situation in Papua worse by fostering more violence and separating peace. The government's application of force may prolong the cycle of violence and human rights violations. The name does not comply with legal standards since it should have been established through a transparent judicial process rather than by the Coordinating Minister for Political, Legal, and Security Affairs. For sustainable conflict resolution in Papua New Guinea, a technique that incorporates broader participation and is founded on discussion is essential</span></em>
- Research Article
- 10.20961/yustisia.v14i1.95940
- May 9, 2025
- Yustisia Jurnal Hukum
- M Nazir Salim + 2 more
<div class="WordSection1"><p><em><span>The Ministry of Forestry designates Cimrutu Village, Central Java, Indonesia, as a forest area under the "concession" of Perhutani, a state-owned forestry company. This situation is detrimental to society as most of the community's agricultural rights and economic access to land are obstructed by the Indonesian Ministry of Forestry's policy forbidding communities from possessing land rights in forested regions. This study investigates the historical context of land tenure conflicts and disputes over land claims by communities governed and subsequently asserted by the State Forestry Public Company. Using a spatial analysis approach, the data-gathering technique was executed qualitatively on community-controlled land. The study's findings indicate that the community in Cimrutu Village has possessed the land since 1967, yet prolonged tenure disputes have arisen, exacerbating poverty due to farmers' restricted access. Urgent policy advancements are required for the welfare of individuals, specifically the removal of residential and livelihood lands from forested regions to ensure access to economic opportunities.</span></em></p></div>
- Research Article
- 10.20961/yustisia.v14i1.86374
- May 5, 2025
- Yustisia Jurnal Hukum
- Gugun El Guyanie
<p>Strategic political and constitutional legal issues affect Indonesian local leaders' positions. With over 500 provinces, regencies, and cities, each region has unique capabilities impacted by several factors, making direct local leader election unfeasible for all places. The study uses comparative legal theory to compare direct regional head elections to Regional House of Representatives elections. This study uses comparative legislation to analyze the Regional House of Representatives direct election paradigm of local leaders. This study shows the need to link local leader electoral options with regional capacity characteristics. The study compared eleven variables with positive and negative features, either directly or through local leaders' Regional House of Representatives elections. Democracy is implemented according to regional capability indicators in both models. Comparing the electoral systems for local leaders in Indonesia and India shows that an asymmetric model that accounts for geographical, sociological, and cultural factors can uncover clustering in direct and indirect elections. Regional capacities and disparities prevent standardizing the regional election model. The local leader's electoral options should be revised according to geographical heterogeneity</p>