Media Iuris

Front Matter Volume 7 No. 3, October 2024

Media Iuris — 2024-10-30

Volume 7 No. 3, October 2024

Back Matter Media Iuris Vol 7 No 3, October 2024

Media Iuris — 2024-10-30

Vol 7 No 3, October 2024

Critical Opinion Paradigm Regulation of Criminal Actions of Drug Abuse Through Religious Rehabilitation Based on the Legal System

Andri Winjaya Laksana — 2024-10-08

Addicts or users of narcotics are both victims and criminal perpetrators of crimes. All narcotics abusers utilizing criminal provisions are governed by the Article 127 of Law No. 35 of 2009 pertaining to narcotics According to Article 127, those who abuse drugs face jail time, while those who are addicted to drugs or who have been abused by them are sent to facilities for social and medical rehabilitation. However, it is often found that addicts experience a relapse after carrying out medical and social rehabilitation. When it comes to keeping drugs users from relapsing, religious rehabilitation is superior to medical and social rehabilitation. This study was carried out with a sociological juridical methodology. Purposive nonrandom sampling was the method employed for sampling. The data collection was carried out by library and field studies (through observation, questionnaires and interviews) of the authors and book users. Data analysis was performed using qualitative descriptive analysis. There is a gap in the motivation to resume drug use to shortcomings in medical and social recovery. Additionally, treating addicts with a religious approach that touches their hearts makes them less likely to hesitate to take drugs in the future.

EU’s AI Regulation Approaches and Their Implication for Human Rights

Aidatul Fitriyah — 2024-10-18

The rapid development of Artificial Intelligence (AI) technologies presents significant opportunities, but also introduces critical challenges, particularly concerning the protection of human rights. In response, the European Union (EU) has developed comprehensive AI regulations, most notably the AI Act, positioning itself as a leader in global AI governance. However, questions remain regarding the effectiveness of these laws in safeguarding key human rights such as privacy, equality, autonomy, and freedom. This study aims to assess the sufficiency of the EU’s current AI regulations in protecting human rights, analyze the specific impacts of AI technologies on privacy and equality, and explore emerging legal trends in AI regulation within the EU and their broader global implications. Utilizing a mixed-method approach, this research integrates legislative analysis, comparative research, scientific forecasting, and interdisciplinary inquiry. The study critically examines the provisions of the AI Act and other relevant EU regulations, comparing them with international legal frameworks to identify gaps and future challenges. The findings reveal that, while the EU’s AI regulations offer foundational protections, there are significant deficiencies in addressing complex issues such as privacy, algorithmic bias, and transparency, particularly in high-risk areas like healthcare, law enforcement, and autonomous systems. The study also highlights that existing regulations are inadequate in managing the rapid integration of AI technologies across sectors and that marginalized groups are especially vulnerable to the risks posed by algorithmic decision-making systems. Furthermore, the EU’s AI regulatory framework is poised to become a global benchmark, but there is an urgent need for more adaptive and flexible legal mechanisms to keep pace with the dynamic nature of AI advancements. In conclusion, the study emphasizes the need for legal reforms to bridge the current gaps in privacy protection and address algorithmic bias, ensuring the robust protection of human rights in the age of AI.

Optimization of Insurance Brokerage Institutions in Realizing the Trust of the Indonesian Community

Elisatris Gultom — 2024-10-18

Public trust in the Indonesian insurance business is shaken by the crisis that rocked multiple insurance companies. This study investigates insurance brokerage institutions’ involvement in Indonesia’s insurance activities and how to improve public trust. This research uses normative legal research by examining library materials or secondary data. In contrast, the nature of the research is analytically descriptive, depicting the existence of insurance brokerage institutions in the Indonesian insurance industry for further analysis to complete the picture of brokerage companies’ role in improving the industry. The research found that insurance brokers help insureds choose an insurance carrier, handle the claims process, and resolve claim disputes, making them crucial to Indonesian insurance. Brokers can gain public trust by increasing insurance literacy, transparency of insurance product information, helping consumers resolve insurance claims and advising the Financial Services Authority on insurance regulations. To gain public trust in insurance, the insurance industry should prepare a more effective and comprehensive set of regulations to prevent legal uncertainty and provide adequate legal protection to customers. At a micro level, every regulation prepared by the company can provide certainty. The company’s ethics and corporate governance policy is explicit.

The Urgency of Banks in Implementing the Precautionary Principle as Consumer Protection in the Standard Clauses of Credit Agreements

Farid Irfan Siddik — 2024-10-18

The importance of the bank in applying the precautionary principle contributes to ensuring a sound banking system and protecting the country’s economy. In lending, the precautionary principle was manifested in a standard agreement between the bank as the creditor and the customer as the debtor. Credit agreements can lead to disputes, where the debtor sues the bank for violating the principle of consumer protection because it applies standard clauses in the credit agreement. The research method used is legal research with a statute approach and a conceptual approach). The results state that the application of the precautionary principle in making standard agreements manifests itself in the prohibition of financial service business actors including exoneration clauses to the detriment of financial service consumers as stipulated in Article 18 paragraph (1) of the Consumer Protection Act and OJK Regulation No. 6/POJK.07/Tahun 2022 concerning Consumer and Community Protection in the Financial Services Sector.

Data Leakage of the Indonesian Elections Commission in Legal Aspects of Personal Data Protection

Frendika suda utama — 2024-10-18

Hackers illegally accessed the Indonesian General Elections Commission’s (KPU) voter data system to collect voter data to sell to third parties. The regulation requires accountability for voter data leakage to protect people’s privacy rights in Indonesia’s personal data protection concept. Legal analysis of the modus operandi of personal data sales cases results in patterns of information system vulnerabilities, which can then be used to prevent personal data leakage and improve voter data protection in Indonesian elections. One of the reasons for passing the personal data protection law is the rampant cases of confidential data leakage that occur in government and private institutions in Indonesia. Hackers of voter data systems aim to profit from personal data sold to third parties. The role of the cybersecurity task force team needs to be improved with more concrete arrangements in law enforcement, and mitigating voter data leakage can provide legitimacy for the implementation of credible, reliable, and professional elections in Indonesia. Establishing the task force will optimize the application of voter data systems in conducting general elections in Indonesia and improve personal data protection.

Urgensi Pembentukan Pengadilan Maritim Bagi Industri Maritim di Indonesia

Krisnady Kesumadiksa — 2024-10-18

Abstract
This research aims to analyze the urgency of establishing a maritime court and its contribution to the maritime industry in Indonesia. The research method used is normative research with a statue approach, study case approach and conceptual approach. The results of this research show that the absence of a Maritime Court in Indonesia means that legal issues in the maritime sector cannot be resolved effectively because it takes a long time, so the presence of a Maritime Court in Indonesia will make a big contribution, especially legal certainty in the maritime sector, where all forms of violations and losses resulting from ship operations can be resolved effectively, especially regarding shipping claims. As is the case, the Dutch Maritime Court (Maritime Chamber) has an important role in resolving maritime claims as a result of the operation of a ship by issuing a ship detention order. Meanwhile in England, the Maritime Court (Admiralty Court) also has the authority to issue a ship detention order so that if the ship owner goes to court to resolve maritime claims or allow the ship to be executed, the proceeds will be used to cover any losses arising from the operation of the ship.

Abstrak
Penelitian ini bertujuan untuk menganalisis urgensi pembentukan pengadilan maritim dan kontribusinya terhadap industri maritim di Indonesia. Metode penelitian yang digunakan adalah penelitian normatif dengan menggunakan pendekatan pendekatan peraturan perundang-undangan, pendekatan kasus dan pendekatan konseptual. Hasil penelitian ini menunjukan bahwa ketiadaan Pengadilan Maritim di Indonesia mengakibatkan persoalan hukum di sektor kemaritiman tidak dapat diselesaikan dengan efektif karena memerlukan waktu yang lama, sehingga kehadiran Pengadilan Maritim di Indonesia akan memberikan kontribusi yang besar, khususnya kepastian hukum di sektor kemaritiman, dimana segala bentuk pelanggaran dan kerugian akibat pengoprasian kapal dapat diselesaikan secara efektif, khususnya mengenai klaim pelayaran. Seperti halnya di Pengadilan Maritim Belanda (Maritime Chamber) memiliki peranan yang penting dalam menyelesaikan persoalan klaim pelayaran sebagai akibat dari pengoprasian kapal dengan mengeluarkan perintah penahanan kapal. Sementara di Inggris, Pengadilan Maritim (Admiralty Court) juga berwenang untuk mengeluarkan perintah penahanan kapal agar pemilik kapal menghadap ke pengadilan untuk menyelesaikan persoalan klaim maritim atau merelakan kapalnya dieksekusi, hasilnya akan digunakan untuk menutupi segala kerugian yang timbul dari pengoprasian kapal.

Split Payment as a Method of Consumer Payment in Online Buying and Selling Practices Is Reviewed From the Principle of Legal Certainty

Sri Wahyuni — 2024-10-18

Current technological advances have led to the development of payment methods in online buying and selling practices. Usually the payment method is made via cash and non-cash; one of the current payment methods is known as the split payment method. Split payment is a payment made using more than one payment method to complete the entire transaction. There is a case where a consumer buys goods online by paying using split payment and the consumer will be given cash back when using split payment. However, the goods that have been purchased do not reach the consumer. The consumer and the shop agreed to ask for compensation from the market place, which is a meeting place for online buyers and sellers. Based on this case, the author is interested in researching the problem of how to complete online buying and selling transactions using split payments. This research uses normative legal research methods with a statutory approach. The results of this research show that it is important to have special regulations regarding the definition and validity of split payment methods for online buying and selling transactions in order to provide guarantees, justice and consumer security in order to realize the principle of legal certainty.

Blockchain as Electronic Evidence Against Crypto Crimes in Indonesia

Gorizky — 2024-10-18

In the context of digital security, the utilization of blockchain technology as a means of evidence against crypto crimes has become an exceedingly crucial topic. This research elucidates whether the admissible evidence tool stipulated in Article 184 paragraph (1) of the criminal procedural law encompasses proof relating to crypto crimes and how the decentralized structure and transparent nature of blockchain can aid in furnishing accurate and credible evidence pertaining to crypto crimes. This study offers profound insights into the potential of blockchain concerning evidence provision and prevention of crypto crimes. The author employs normative research, a process aimed at uncovering legal rules, principles, and doctrines to address legal issues encountered. Based on the discussion, it can be concluded that blockchain can serve as an electronic evidence tool in crypto crimes. Aligned with the decentralized and transparent nature of blockchain, it can provide precise and permanent data.