Jurnal Legislatif

POLICEAI: UPAYA AKSELERASI PENANGGULANGAN KETIDAKPROFESIONALAN APARAT KEPOLISIAN TERHADAP PELAYANAN MASYARAKAT

Indarwati Hamriani — 2024-08-31

Based on data from Komnas HAM, a significant number of public complaints are directed at police officers, particularly concerning unprofessionalism and procedural inaccuracies by law enforcement officials. The data indicates that public concerns about the performance and quality of police officers increase every year. Therefore, the purpose of this research is to identify the factors contributing to the unprofessionalism of police officers and to explore strategies and solutions to address these issues. The research method used is empirical research. The results reveal various factors that cause police officers to be perceived as unprofessional in carrying out their duties and responsibilities, including political intervention, where law enforcement is influenced by political interests; structural weaknesses exacerbated by the era of technological advancements, leading to the emergence of new types of crimes that require police officers to adopt an adaptive approach; and investigative challenges, particularly difficulties in gathering strong evidence. Consequently, the introduction of PoliceAI, which is equipped with various features, is expected to assist police officers in overcoming these challenges and enhancing law enforcement in Indonesia. In conclusion, PoliceAI presents a practical and implementable solution to the challenges faced by police officers in law enforcement.

DILEMA DAN PERKEMBANGAN ANTI-SLAPP DI INDONESIA: IMPLIKASI PERMA 1/2023 DAN KOMPARASI DENGAN NEGARA LAIN

Jody Simandjuntak — 2024-08-31

Strategic Lawsuit Against Public Participation (SLAPP) phenomenon is becoming increasingly prevalent in Indonesia, threatening the critical voices of the public, activists, and journalists. SLAPP, as defined by George W. Pring, refers to legal actions initiated by those in power against individuals or non-governmental organizations that voice criticism on substantive issues of political or social significance. Indonesia has taken measures to combat SLAPP through Article 66 of Law Number 32 of 2009 (UUPPLH) and Supreme Court Regulation Number 1 of 2023 (Perma 1/2023). Nevertheless, these regulations are not yet comprehensive compared to those in countries like the United States and Canada, which have clearer and broader definitions and procedures. This study uses a normative juridical method with legislative, comparative, and conceptual approaches to examine Anti Eco-SLAPP regulations in Indonesia and compare them with those in other countries. The results indicate that although Perma 1/2023 strengthens legal protection against SLAPP, there are still weaknesses, such as unclear mechanisms for compensation and the burden of proof. Comparative studies show that Anti-SLAPP regulations in the United States and Canada offer more comprehensive protection and more effective legal procedures to prevent SLAPP. The study concludes that despite significant progress with Perma 1/2023, Indonesia needs to adopt clearer definitions and stronger procedures for legal protection against SLAPP, learning from practices in other countries to more effectively protect public participation rights.

SMART POLICE: SOLUSI ATAS LAW ENFORCEMENT TERHADAP PELANGGARAN LALU LINTAS DALAM MEWUJUDKAN INDONESIA YANG BERINTEGRITAS

Leni Hardiani — 2024-08-31

Traffic violations often occur in Indonesian in due to low public awareness of traffic rules, leading to congestion and accidents with material losses reaching trillions of rupiah Indonesian. This study aims to outline the regulations governing traffic law enforcement in Indonesian and to project how Smart Police technology can enhance enforcement of traffic violations, contributing to a more integrated Indonesian. The study uses a normative method with a legislative approach, utilizing secondary data from various literature sources, which are then analyzed deductively to examine the legal rules and topics addressed. Law No. 22/2009 (LLAJ Law) on Road Traffic and Transportation emphasizes that traffic order can create a safe environment and stresses the importance of awareness and discipline among road users. Smart Police technology can support law enforcement more effectively by aiding in the monitoring and addressing of traffic violations quickly and accurately. Designed to maintain order on the roads, Smart Police enhances driver safety through its real-time detection and prevention capabilities. Equipped with artificial intelligence, specialized security features, and other functionalities, Smart Police improves interaction with motorists and connects directly with law enforcement for more efficient legal enforcement. It represents an innovative solution for improving driving safety and public order.

POTRET ABUSIVE JUDICIAL REVIEWDI MASA PEMERINTAHAN PRESIDEN JOKO WIDODO

Enika Oktavia — 2024-08-31

In recent developments, Indonesia, as a democratic nation, emphasizes the government by the people, for the people, and of the people. The core of this democracy is reflected in the electoral process conducted every five years, ensuring the cyclical nature of government based on the people's mandate. However, the manipulation of the judicial system by the ruling government through the Supreme Court and Constitutional Court has raised concerns. This study investigates the phenomenon known as Abusive Judicial Review, where the judiciary, initially intended to oversee the hierarchy of laws and the constitution, is influenced by those in power. Utilizing normative legal research, this paper explores the extent to which judicial decisions can be swayed by political interests, thereby undermining democracy. The findings reveal that the judiciary's independence is compromised, resulting in decisions that serve the interests of the ruling regime rather than upholding democratic principles. This study offers a critical analysis of significant cases and proposes measures to protect judicial integrity. The novelty of this research lies in its comprehensive examination of the systemic issues within Indonesia's judiciary and its implications for democracy. The conclusion underscores the urgent need for reforms to safeguard the judicial process from political interference.

Keywords: Abusive Judicial Review; democracy; judiciary; Indonesia

URGENSI PERUBAHAN DEFINISI PEMBAJAKAN PADA REZIM PELINDUNGAN HAK CIPTA DIGITAL DI INDONESIA

Deasy Kamila — 2024-08-31

Technological developments have brought changes in various sectors of life, including copyright protection. The presence of subscription-based streaming platforms has changed the way individuals enjoy digital creative works. Along with the rapid pace of technological development, a new phenomenon in digital copyright infringement activities has emerged, namely the illegal sale of subscription-based streaming platform accounts. This research aims to examine the need for revising provisions regarding digital copyright protection, especially the definition of piracy. The research method used is normative legal research through offline and online document studies, using qualitative descriptive data analysis methods to obtain explanatory conclusions. Based on the research results, it was found that the current legal framework for protecting digital copyright cannot protect creators and copyright license holders from the illegal sale of streaming accounts. The access structure in subscription-based streaming platforms has substantially changed how copyrighted content is enjoyed and how piracy can be conducted. Based on this, the author concludes that it is necessary to change the definition of piracy within the scope of copyright protection by adding the element of 'illegal access' so that copyright protection in the digital era can be carried out optimally.