cover
Contact Name
Fradhana Putra Disantara
Contact Email
dfradhana@gmail.com
Phone
+6282143093798
Journal Mail Official
jkph@unej.ac.id
Editorial Address
Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121
Location
Kab. jember,
Jawa timur
INDONESIA
Jurnal Kajian Pembaruan Hukum
Published by Universitas Jember
ISSN : -     EISSN : 27769828     DOI : https://10.19184/jkph
Core Subject : Social,
Jurnal Kajian Pembaruan Hukum (ISSN 2776-9828) is a refereed law journal published by the postgraduate program (Master of Laws) of the University of Jember, Indonesia. The publication in this journal focuses on the studies in law reform under doctrinal, empirical, socio-legal, and comparative approaches. The journal welcomes all submissions about constitutional law, criminal law, private law which emphasize the new perspectives for displaying and opening an intimate knowledge into the way they work in practice. Manuscript submissions should be between 7,000-10,000 words in length, although shorter papers relating to policy analysis and debate will be considered. The peer-review process and decision on publication will normally be completed within 60 days of receipt of submissions The aims of the journal are to encourage scholarly attention and advance the intimate knowledge of recent legal discourses. It accommodates high-quality manuscripts relevant to the endeavors of scholars and legal professionals with fundamental and long-term analysis in the light of empirical, theoretical, multidisciplinary, and comparative approaches. The focus of the journal is legal studies. Articles submitted to this journal are on contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and comparative studies. The scope of the paper submissions includes constitutional and administrative law, corporate law, criminal justice, adat law, law and society, international law, international economic law, human rights law, and intellectual property law.
Arjuna Subject : Umum - Umum
Articles 2 Documents
Search results for , issue "Vol 3 No 2 (2023): In Progress" : 2 Documents clear
Artificial Intelligence and the Constitutional Court: A Newpath of Making Independent Decisions? Vicko Taniady; Steven Theonald Siahaan
Jurnal Kajian Pembaruan Hukum Vol 3 No 2 (2023): In Progress
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v3i2.41726

Abstract

The Constitutional Court is facing problems because many decisions are not in favor of the community and are not independent. The constitutional judges are sometimes not independent, as in cases of corruption, and there are indications of a change in the substance of the decision. This study aims to analyze how the procedures for constitutional judges make decisions, and then the authors relate it to the urgency of implementing AI in helping judges make decisions. The research method used is doctrinal and socio-legal. This research uses literature study techniques to obtain secondary data. The study results show that constitutional judges' existence is essential in maintaining the rule of law and democracy in Indonesia today. So, to face the problems today, AI is needed. AI is expected to assist constitutional judges in making decisions, document review, and predictive analysis. The application of AI has been carried out by many countries, which have succeeded in helping judges make decisions. However, several challenges must be prepared, such as the need for regular AI inspections, supervision of the use of AI by the Constitutional Court Honorary Council and the independent Constitutional Court technicians, and the need for a legal umbrella for the application of AI within the Constitutional Court.
Corporal Punishment in Educational Context: Criminal Law Regulatory Framework Godeliva Ayudyana Suyudi; Fanny Tanuwijaya; I Gede Widhiana Suarda; Glenn Wijaya
Jurnal Kajian Pembaruan Hukum Vol 3 No 2 (2023): In Progress
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v3i2.32630

Abstract

Teachers may impose sanctions or Corporal Punishment on students for educational purposes. In several cases, the Corporal Punishment action taken by the teacher resulted in the imposition of criminal sanctions on the teacher. This paper describes the perspective of criminal law settlement in Corporal Punishment cases. This paper uses the normative juridical research method, which examines the application of positive legal norms. Hence, this paper interprets the corresponding law in the means of textually. Furthermore, researchers use a conceptual framework to illustrate a teacher’s professional duties and Corporal Punishment. Finally, this research uses qualitative descriptive analysis supported by a case approach. This research found that applying life skill-based and contextual learning methods may prevent the aftermath of teachers’ Corporal Punishment. Teachers, carrying out their professional duties, may avoid criminal charges for Corporal Punishment if these actions do not exceed reasonable limits, which result in student losses, both physically and psychologically. The functionalization of criminal law may be prevented using ultimum remedium in resolving Corporal Punishment cases. This may occur in settlement through restorative justice, which involves various parties in the educational process. Alternatively, criminal law settlement may be used in Corporal Punishment cases. Judges may apply the concept of individualized punishment in imposing sanctions on teachers who are proven guilty of Corporal Punishment. Finally, this paper recommends a psychological intervention to assess educators’ mental capacity. This may take form through periodic assessments to determine the competence of teachers as educators.

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