Tadulako Law Review

JUDGES VS. ALGORITHMS: THE FUTURE OF JUSTICE AND AI’S CHALLENGE TO INDONESIA’S COURTS

2024-10-28T20:29:54+07:00

This article explores the integration of artificial intelligence (AI) in the Indonesian judicial system, focusing on its potential to enhance the quality and consistency of legal judgments. As legal-tech adaptation becomes essential in a rapidly evolving landscape, the article examines current innovations introduced by the Supreme Court of Indonesia, such as the E-Court application and AI-based tools such as Smart Majelis and Diktum and comparing legal-tech AI other countries. This research used normative legal methodology, the analysis draws upon a comprehensive review of secondary sources, including primary, secondary, and tertiary legal materials. It highlights the differences between AI-based applications, which can learn and adapt, and non-AI applications, which operate on fixed rules. The proposed future models, including SCC Intelligent and Voluntary Intelligent based on Positives Wetterlijk Theory, aim to streamline judicial processes and improve accessibility for users. Additionally, the article discusses the psychological well-being of judges, emphasizing strategies to mitigate stress through reduced face-to-face interactions and virtual hearings. By leveraging AI's analytical capabilities, the judicial system can reduce cognitive biases and ensure a more consistent application of legal norms. Ultimately, the article asserts that AI serves as a supportive tool to enhance judicial effectiveness without replacing the essential role of judges, promoting a fair and equitable legal environment.

LEGAL LIABILITY RELATED TO UPLOADING VIRTUAL PRIVATE NETWORK (VPN) ACCESS DOCUMENTS OF SITE USERS ON THE SCRIBD PLATFORM

2024-09-09T14:39:40+07:00

Obtaining information for free is widely done by internet users through downloads on electronic publication sites such as SCRIBD by bartering documents uploaded to the site. The uploaded document can interfere with data security if its contents fall into the criteria of vital information. One example occurs in the case of uploading state documents containing Virtual Private Network (VPN) access information by internet users on the SCRIBD website. Departing from the case, the problem arises when the position of VPN access is vital information, what kind of legal liability can be charged to site users for their actions that upload file documents containing VPN access to SCRIBD. Normative legal research methods with an analytical approach are used by the author in discussing these issues. The laws and regulations on information technology information used by the author as the main source are complemented by books and articles on cyber law as additional sources. The result of this research is that VPN access which is determined as vital electronic information encourages legal liability to the uploader of VPN access documents on the SCRIBD website based on the provisions of the applicable laws and regulations. So that the purpose of this research can provide knowledge related to legal responsibility in maintaining the confidentiality of Virtual Private Network (VPN) access to every electronic user.

FULFILLMENT OF THE RIGHTS OF PRE - POSTNATAL WOMEN PRISONERS IN WOMEN'S CORRECTIONAL INSTITUTION CLASS IIB YOGYAKARTA

2024-08-13T17:16:03+07:00

Correctional institutions are places to organize correctional services for correctional inmates without forgetting the human rights of both male and female inmates. It is the nature of women to experience menstruation, pregnancy, childbirth, and breastfeeding that are not experienced by male inmates, so it is only natural that female inmates have special rights. This study will discuss the implementation of the fulfillment of the rights of female prisoners in the pre-postpartum period at the Yogyakarta Women's Correctional Institution and the obstacles in fulfilling the rights of female prisoners pre-postpartum at the Yogyakarta Women's Correctional Institution. The purpose of this study is to determine and analyze the implementation of existing regulations related to the rights of female prisoners at the Yogyakarta Women's Correctional Institution and the obstacles to their implementation. This type of research is normative-empirical with a qualitative descriptive method to find research knowledge that is carried out by processing field data and connecting it with relevant principles, theories, and legal regulations to produce conclusions. Three categories that can be taken in the discussion of the implementation of the fulfillment of the rights of pre-postpartum female prisoners in the Yogyakarta Women's Prison are: 1) rights that have been implemented well without notes; 2) rights that have been implemented well without notes; and 3) rights that have not been implemented well. In addition, limited funds, inconsistency in granting prisoners' rights, and the lack of interest of health workers with certain expertise to work in correctional Institutions are obstacles to fulfilling the rights of pre-postpartum female prisoners in the Yogyakarta Women's Prison.

LEGAL PROTECTION FOR CONSUMERS AGAINST EXONERATION CLAUSES IN THE RISE OF PARKING ATTENDANTS IN MALANG CITY

2024-07-09T20:18:46+07:00

Polemics or issues circulating in the people of Malang City regarding parking are spreading, this is due to the rise of Parking Attendants as business actors who are everywhere and enforce an exoneration clause in the parking tickets given. In this case, the Parking Attendant also transfers his responsibility to the consumer as a parking service user, which is considered very detrimental to the consumer and the actions carried out by the Parking Attendant as a business actor have been prohibited in Law No. 8 of 1999 concerning Consumer Protection. The method used in this writing is to use a normative research method with a statute approach. The result of this research is how consumers can apply for compensation or resolve disputes if the Parking Attendant as a business actor does not want to be responsible for his obligations to fulfill the rights of consumers who have used his services.

PERPETRATORS OF DOMESTIC VIOLENCE CASES IN PALU CITY

2024-11-23T04:44:29+07:00

This article is titled "Perpetrators of Domestic Violence Cases in Palu City." Domestic Violence (DV) cases in Indonesia are still considered taboo, particularly due to the belief that reporting violence by a partner, whether a husband or wife, is akin to exposing family shame. Moreover, some religious texts are interpreted to justify “violence,” even when intended as a form of discipline. However, these texts can be contextualized in light of current developments and circumstances. This raises the question of how law enforcement addresses perpetrators of domestic violence amidst these cultural and religious perceptions, especially since the state has enacted a Law on the Elimination of Domestic Violence. Furthermore, during the COVID-19 pandemic, cases of domestic violence surged significantly. This research aims to examine and analyze the enforcement of the law against domestic violence perpetrators in Palu City using empirical legal research methods. The findings reveal the maximum efforts of law enforcement authorities in enforcing the law against perpetrators of domestic violence. Thus, it can be concluded that in Palu City, the enforcement of laws against domestic violence perpetrators has been carried out optimally. With law enforcement efforts to apply restorative justice approaches, it is hoped that the sense of justice within the community can be fulfilled.

LEGAL PROTECTION FOR CONSUMERS DUE TO THE FREE MARKETING OF DRUGS IN PALU CITY

2024-09-12T21:28:25+07:00

The rapid advancement of science and technology today has significantly influenced the development of medicines, as seen from the emergence of various types of drugs freely circulating in the market. The Health Law grants the government authority to supervise matters related to public health, providing a foundation for regulating the supervision of drug production, procurement, and proper manufacturing practices. The research questions posed are: What are the responsibilities of producers and pharmacies in freely marketing drugs to consumers? To what extent is legal protection available to consumers for the sale of drugs freely sold in pharmacies? This research aims to determine the responsibility of producers and pharmacies in the free sale of drugs and to assess the legal protection available to consumers who may be harmed by the sale of freely marketed drugs in pharmacies. This study employs empirical legal research, which is based on field observations and interviews with various stakeholders and relevant institutions. The Department of Health is responsible for the supervision and regulation of the standards and/or requirements related to safety, efficacy, and quality of pharmaceutical preparations, medical devices, and household health supplies. This supervision is supported by BPOM (The National Agency of Drug and Food Control), a non-ministerial institution that issues drug circulation permits. Pharmacies, as business entities that distribute drugs to the public, are responsible for ensuring the proper circulation permits for pharmaceutical preparations, medical devices, and household health supplies. Legal protection for consumers concerning the circulation of freely marketed drugs is regulated under the Health Law, which includes provisions on the security and supervision of pharmaceutical preparations. If violations occur, the drugs are withdrawn from circulation and destroyed by the business entity (pharmacy) as part of the repressive measures outlined in the Consumer Protection Law. Business entities are responsible for compensating any damage, pollution, and/or losses suffered by consumers due to the consumption of goods and/or services produced or traded, with dispute resolution available through both litigation and non-litigation means.

REVIEW OF THE APPLICABILITY OF ADVOCATE IMMUNITY RIGHTS IN INDONESIA COMPARATIVE STUDY WITH THE AUSTRALIAN BAR

2024-03-15T10:58:49+07:00

Advocates are one part of the Law Enforcement Officers who have rights and obligations that must be obeyed by each party. Advocate Immunity Rights which is a right that states advocates cannot be prosecuted civilly or criminally in carrying out their professional duties in good faith for the benefit of client defense. Problems First, How is the Influence of Legal Sociology in Supporting the Professional Duties of Advocates? Second, How is the Applicability of Advocate Immunity Rights in accordance with the Indonesian Advocates Law and the Australian Bar Studied Based on Legal Compliance Theory? The purpose of this study is to answer the various problems of this research. Normative juridical method with a comparative study approach in Australia and Indonesia. The very important influence of Legal Sociology in Supporting the Professional Duties of Advocates is because Advocates will be faced with diverse community cultures. Legal Compliance Theory of Advocate Immunity Rights in accordance with Advocate Law Number 18 of 2003 is still often ignored by other law enforcement officials. Advocates are still often criminalized in carrying out professional duties, namely defending their clients. Unlike in Austalia which prioritizes the Right to Immunity. This is a special concern for each of the Governing Body of Law Enforcement to respect each other, in order to create fair law enforcement.

THE POSITION OF TAKLIK TALAK IN INDONESIAN MARRIAGE LAW: A CASE STUDY OF THE BANGUNTAPAN RELIGIOUS AFFAIRS OFFICE AND THE BANTUL RELIGIOUS COURT

2024-07-21T21:09:11+07:00

Article 46 paragraph (3) KHI states that taklik talak is not required in every marriage. However, in practice, some marriage registrars and religious court judges, such as in the Banguntapan Religious Affairs Office and Bantul Religious Court, consider that the pronunciation and/or signing of taklik talak is highly recommended and even 'required' for the groom. This shows that there is a gap between written legal provisions and field practices regarding the position of taklik talak in marriage. Therefore, this study aims to examine the position of taklik talak in the perspective of fiqh rules, marriage law in Indonesia, and in practice at the Banguntapan Religious Affairs Office and Bantul Regency Religious Court. This research is a normative-empirical legal research with descriptive-qualitative method. This research uses primary data in the form of interviews with H. Iksan, S.Ag., M.Pd.I., as the Marriage Registrar of Banguntapan Religious Affairs Office and Umar Faruq, S.Ag., M.Si., as the Judge of Bantul Religious Court. Meanwhile, secondary data in this research include laws and regulations, books, scientific journals, and articles related to the topic of this research. This research uses data collection techniques in the form of field studies through interviews and literature studies. This research found that the position of taklik talak according to fiqh rules is permissible and valid as long as it meets certain conditions. According to Indonesian marriage law, taklik talak is only a recommendation and is not required in every marriage. Meanwhile, the Marriage Registrar of Banguntapan Religious Affairs Office and the Judge of Bantul Religious Court have the view that the signing of taklik talak is highly recommended and even 'obligatory' for the groom. Nonetheless, this difference does not cause conflict because taklik talak provides a higher standard in protecting and promoting the rights of wives.

THE POTENTIAL GEOGRAPHICAL INDICATION OF CENTRAL SULAWESI DURIAN FRUIT AS A PREMIUM PRODUCT CAN SUPPORT THE ADVANCEMENT OF NATIONAL CIVILIZATION

2024-11-13T08:28:54+07:00

In the context of agricultural production, the Parigi Moutong Regency, abbreviated as Kab. Parimo, stands out as a prominent producer of durian within Central Sulawesi. The durian cultivated in this region is renowned for its exceptional qualities, characterized by a delightful flavor profile that is both fragrant and sweet. This article aims to explore the potential for establishing a Geographical Indication (GI) for durian from Central Sulawesi, positioning it as a superior product with enhanced value derived from its geographical identity. Geographical Indication serves as a formal acknowledgment that associates a product with its geographic origin, thereby imparting uniqueness and specific attributes that are not found in similar products from other regions. The distinctive characteristics of Central Sulawesi durian present a compelling case for its marketing as a unique agricultural product in both national and international markets. Further, the cultivation and promotion of this product are anticipated to bolster the sustainability of the local economy while simultaneously enhancing the competitiveness of the durian in a broader marketplace. Additionally, this endeavor supports the preservation of biodiversity and reinforces the cultural identity of the local community. The protection afforded by Geographical Indications positions Central Sulawesi durian not only as a product of substantial economic value but also as a critical instrument in fostering the advancement of national civilization—encompassing economic, cultural, and ecological dimensions. The objectives of this article include identifying and analyzing the potential Geographical Indication status of Central Sulawesi durian, evaluating the challenges inherent in the process of elevating this product to superior status, and proposing recommendations for its sustainable development.

A BRIEF COMPARATIVE ANALYSIS BETWEEN THE CONSTITUTIONS OF BANGLADESH AND THE USA

2024-07-30T19:46:48+07:00

The constitutions of Bangladesh and the United States of America (USA) are thoroughly compared in this paper. It looks at a number of topics, such as general features, key differences, constitutional problems, judicial review, federalism and devolution, rights and freedoms, principles and values, historical settings, government systems, amendment procedures, supreme court and impact of globalization in both constitutions. This study attempts to shed light on the similarities and contrasts between these two countries' constitutions in order to further our understanding of constitutional governance and its consequences in various sociopolitical circumstances.