Honeste Vivere

ANALISIS YURIDIS HASIL ANALITIK ARTIFICIAL INTELLIGENCE SEBAGAI BUKTI PENYIDIKAN MENURUT UU 20 TAHUN 2025

Priantama Putra, Hendri Jayadi, Tatok Sudjiarto — Mon, 27 Jul 2026 00:00:00 +0700

The rapid integration of Artificial Intelligence (AI) technologies, notably facial recognition and digital forensics, has profoundly reshaped criminal investigations within the justice system. The enactment of Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP) formally recognizes electronic evidence, consequently prompting critical inquiries regarding the legal status and probative value of AI-generated analytics. This research investigates the juridical standing of AI-derived analytics in Indonesia’s evidentiary framework and evaluates the legal hurdles surrounding their implementation. By utilizing a normative legal methodology with statutory, conceptual, and comparative approaches, the collected data undergoes a deductive qualitative analysis. Findings indicate that AI analytics fail to qualify as independent evidence under the KUHAP. Instead, they strictly function as corroborative proof, categorized as electronic evidence, expert testimony, or circumstantial indicators (petunjuk). Their admissibility inherently depends on legal data acquisition, algorithmic accuracy, data integrity, expert verification, corroboration with legitimate evidence, and judicial conviction. Furthermore, multifaceted challenges persist, encompassing systemic opacity, algorithmic bias, data privacy vulnerabilities, human rights concerns, and a void in AI-specific regulations. Ultimately, Indonesia urgently requires a comprehensive legislative framework governing AI to guarantee legal certainty, accountability, transparency, human oversight, and the safeguarding of fundamental rights during equitable and fair criminal investigations.

KEMANFAATAN HUKUM DALAM PERIZINAN BERUSAHA BERBASIS RISIKO BAGI PELAKU USAHA

Francois Geny Ritonga, Mawar Sitohang — Mon, 27 Jul 2026 00:00:00 +0700

The administration of risk-based licensing—particularly following the implementation of the risk-based business licensing system as part of the enactment of Law No. 6 of 2023 on the Enactment of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law (“Law 6/2023”) and Government Regulation No. 28 of 2025 on Risk-Based Business Licensing (“GR 28/2025”), provides legal benefits for business actors to drive the national economy and is a crucial aspect in creating a conducive investment climate for business actors. However, its implementation has faced obstacles that have impacted business licensing. This study is a normative legal study, and the research method used is a literature review examining relevant literature and legislation. The results of the study indicate that the enactment of GR 28/2025 provides legal benefits in risk-based business licensing for business operators.

REKONSTRUKSI PERLINDUNGAN HUKUM KONSUMEN ATAS DARK PATTERNS LAYANAN BERLANGGANAN DIGITAL DI INDONESIA

Tue, 28 Jul 2026 00:00:00 +0700

The digital economy has transformed consumer access to goods and services via electronic platforms. While enhancing convenience, digitalization introduces manipulative business practices like "dark patterns"—interface designs intentionally crafted to influence user behavior for commercial gain. In digital subscription services, these manifest as auto-renewals, unnotified post-trial charges, pre-selected paid add-ons, and deliberately complex cancellation processes. Using a normative juridical method with statutory, conceptual, and comparative approaches, this study examines dark pattern characteristics, evaluates the adequacy of Indonesian consumer protection law, and proposes a legal reconstruction model. Findings reveal that while Indonesian law provides a foundational framework through accurate information rights, good faith obligations, and standard clause regulations, it lacks explicit provisions targeting manipulative interface design as an unfair commercial practice. Consequently, this study introduces design justice as a new paradigm for digital consumer protection, subjecting digital interfaces directly to legal oversight.

URGENSI PEMBARUAN REGULASI KETERBUKAAN INFORMASI EMITEN DI PASAR MODAL INDONESIA DALAM MENGHADAPI TANTANGAN TATA KELOLA PERUSAHAAN BERBASIS ESG

Tue, 28 Jul 2026 00:00:00 +0700

The rapid advancement of Environmental, Social, and Governance (ESG) standards has fundamentally shifted the paradigm of information disclosure across global capital markets, elevating sustainability into a core pillar of market integrity. However, Indonesia’s issuer disclosure regime—governed primarily by Law No. 8 of 1995 on Capital Markets and Financial Services Authority (OJK) Regulation No. 31/POJK.04/2015—remains focused on conventional financial metrics and lacks explicit obligations for ESG disclosures aligned with the ISSB’s IFRS S1 and IFRS S2 standards. This regulatory dissonance creates legal uncertainty and heightens the risk of corporate greenwashing. To address these vulnerabilities, this study critically evaluates the normative gaps separating national capital market regulations from emerging global sustainability benchmarks. Ultimately, it proposes a comprehensive regulatory reform model designed to systematically integrate mandatory ESG disclosure frameworks, thereby enhancing transparency, issuer accountability, and overall financial ecosystem resilience in Indonesia.

TANGGUNG JAWAB HUKUM EMITEN ATAS KETERBUKAAN INFORMASI DALAM PENAWARAN UMUM BERBASIS TEKNOLOGI DIGITAL DI PASAR MODAL INDONESIA

Tue, 28 Jul 2026 00:00:00 +0700

The development of digitalization in capital market activities has transformed the public offering mechanism from a conventional pattern to an electronic system that relies on the rapid, broad, and integrated delivery of information. This condition has given rise to the need for certainty regarding issuers’ legal responsibilities in fulfilling the principle of information disclosure to potential investors. This study discusses how issuers’ legal responsibilities for information disclosure in digital technology-based public offerings are regulated and the forms of accountability that can be imposed in the event of a violation of this obligation. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach through a review of primary and secondary legal materials, as well as relevant literature. The results show that issuers’ information disclosure obligations are regulated by Law Number 8 of 1995 concerning Capital Markets and the Financial Services Authority regulations governing public offerings and the delivery of information through electronic means. Issuers are required to provide information that is true, complete, accurate, and not misleading. If information is not provided in accordance with the provisions of this Act, the issuer may be held civilly liable, subject to administrative sanctions, and potentially face criminal consequences in accordance with applicable regulations. The findings also show that the use of digital platforms increases the efficiency of information access but also increases the risk of errors, delays, and electronic data manipulation. It is concluded that consistent implementation of the principle of information transparency is a crucial element in protecting investors, maintaining market integrity, and strengthening public trust in the digital capital market ecosystem in Indonesia.

PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA ATAS PEMUTUSAN HUBUNGAN KERJA AKIBAT KEPAILITAN PERUSAHAAN MENURUT UNDANG-UNDANG KEPAILITAN DAN CIPTA KERJA

Rafael Simare Mare, Hulman Panjaitan, Paltiada Saragi — Fri, 31 Jul 2026 00:00:00 +0700

Protection of workers' rights is a fundamental aspect of labor law, which aims to ensure the fulfillment of citizens' constitutional rights to decent work and livelihood. In industrial relations practice, termination of employment due to company bankruptcy is a complex legal issue because it involves various legal interests between workers, employers, curators, and other creditors. Company bankruptcy not only results in the termination of employment but also raises issues regarding workers' rights in the form of wages, severance pay, long service awards, and other outstanding normative rights. This study aims to analyze the legal regulations regarding the protection of workers' rights who experience termination of employment due to company bankruptcy based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to Become Law. This study uses a normative legal research method with a regulatory and contextual approach. The data used is secondary data consisting of primary, secondary, and tertiary legal materials. The results of the study indicate that the Indonesian legal system normatively provides protection for workers as economically disadvantaged parties in industrial relations. This protection is realized through the recognition of workers' rights as preferred creditors and through Constitutional Court Decision No. 67/PUU-XI/2013, which affirms that workers' wages must be paid first over all other types of bills. However, the implementation of this legal protection still faces various obstacles, including limited bankruptcy assets, conflicting norms between labor law and bankruptcy law, and the weak position of workers in the bankruptcy estate settlement process. Therefore, regulatory harmonization and strengthening of legal protection mechanisms are needed to ensure legal certainty, justice, and benefits for workers, which impacts corporate bankruptcy.

DINAMIKA KONSTITUSIONALISME DAN KRISIS PENEGAKAN HUKUM: REORIENTASI PRINSIP NEGARA HUKUM DI INDONESIA

Kuni Nela Rizki Aszahra, Tomson Situmeang — Fri, 31 Jul 2026 00:00:00 +0700

This study aims to analyze the root causes of the law enforcement crisis in Indonesia within the framework of constitutional theory and the principle of the rule of law (Rechtsstaat). Although Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia explicitly stipulates that Indonesia is a state based on the rule of law, in practice, law enforcement is often co-opted by political interests and the pragmatism of power. Employing a normative legal research method and a conceptual approach, this article finds that the law enforcement crisis stems from the deterioration of constitutional morality and weak institutional integrity. The findings indicate that the role of state institutions in maintaining public trust can only be restored through the strengthening of the system of checks and balances and the establishment of absolute judicial independence. This study recommends a reorientation of legal education grounded in constitutional values, as well as the enhancement of external oversight mechanisms over law enforcement institutions.

IMPLEMENTASI PRINSIP KEDAULATAN RAKYAT DALAM SISTEM HUKUM DAN KONSTITUSI INDONESIA

Dimas Satria Hemarnaswa, Tomson Situmeang — Fri, 31 Jul 2026 00:00:00 +0700

This article examines the implementation of the principle of popular sovereignty within Indonesia’s legal and constitutional system. Although the 1945 Constitution affirms that sovereignty resides in the people, its realization in state governance remains inconsistent. The purpose of this article is to analyze the constitutional regulation of popular sovereignty and to assess its implementation in practice. This research employs a normative juridical method using statutory and conceptual approaches. The findings show that popular sovereignty in Indonesia is strongly established at the normative level; however, its implementation tends to be procedural rather than substantive. Electoral processes, political representation, and law-making practices do not always reflect the genuine will of the people due to limited political competition, weak representative institutions, and insufficient public participation. In addition, while the Constitutional Court plays an important role in safeguarding constitutional principles, its effectiveness depends on institutional integrity and consistent enforcement. Therefore, strengthening popular sovereignty requires improving the quality of elections, enhancing representative functions, and ensuring meaningful public participation in governance.

PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KETIDAKSESUAIAN BARANG DENGAN DESKRIPSI DALAM TRANSAKSI E-COMMERCE DI INDONESIA

Sun, 02 Aug 2026 00:00:00 +0700

The development of electronic commerce has shifted consumer transactions from conventional markets to digital markets characterized by the absence of physical encounters between the parties and the consumer's dependence on information presented by business actors. This characteristic creates an information asymmetry that places consumers in a weak bargaining position, manifested, among others, in the receipt of goods that do not conform to their description. This study examines two issues: the forms of legal protection available to consumers who receive non-conforming goods in e-commerce transactions, and the construction of business actors' liability for consumer losses. Employing normative legal research with statutory and conceptual approaches, the study finds that legal protection is available preventively through the regulation of the consumer's right to truthful, clear, and honest information together with the obligations and prohibitions imposed on business actors, and repressively through compensation mechanisms and dispute resolution both in and out of court. A product description constitutes part of the contract, so that non-conformity may be construed as a breach of contract, and where misleading information is involved, as an unlawful act. Business actors' liability follows the principle of presumption of liability with a reversed burden of proof, yet remains limited by the principle of balance and the consumer's duty of good faith, rendering such liability proportional rather than absolute.

TANTANGAN SISTEM NOKEN DI PAPUA PEGUNUNGAN DALAM PERSPEKTIF ILMU SOSIAL DAN BUDAYA

Maya Andryani — Sun, 02 Aug 2026 00:00:00 +0700

General elections in the Papua Mountains region are known to use the noken system. The Noken system is a typical Papuan voting method based on customary deliberation, in which tribal chiefs or community leaders represent the community to cast votes, often using traditional "noken" bags as a symbol of mutual agreement. This is different from the context of general elections using their voting rights freely, honestly and fairly. Thus triggering election disputes due to potential fraud and theoretically violating the principle of direct elections with related problems 1) How is the Noken System in General Elections in Papua Mountains? 2) What are the challenges of implementing the noken system from the perspective of social and cultural discipline in accordance with the Constitutional Court Decision Number. 47-81 / PHPU.A-VII / 2009 and the General Election Commission Decision Number 1774 of 2024. The method applied in this legal research is a study of normative juridical research methods, which refers to substantive research from laws and regulations, books, journals and papers as well as other jurisprudence. The results, legal protection and legal certainty have a close relationship in the legal regulation of general elections in Papua Mountains with the noken system. Social and cultural science theory emphasizes the importance of the role of custom in the implementation of general elections in Papua Mountains. The Noken system has been legally recognized by the Constitutional Court Decision Number. 47-81/PHPU.A-VII/2009.

TINDAK PIDANA PENCUCIAN UANG DALAM PERSPEKTIF FILSAFAT HUKUM

Diana Darmayanti Putong, Natalia Artha Malau — Mon, 03 Aug 2026 00:00:00 +0700

Money laundrying is a badness yielding properties possession in numbera real big or properties possession genesis is result of badness, the hidden or disguised variously. This badness longer increasingly increases, so that must be fought against that insentity crime yielding or entangles properties possession that is the numbers big earned diminalisation so that economics stability of state and security and safety of state can awake. Method applied is bibliography study, result of is money laundrying is badness of transnasional because getting through state region boundarys, the eradication cannot be done self, but that be effective must be done cooperation International through multilateral or bilateral forum and must fulfill standard International.