JOURNAL ARCHIVE
2026-09-06
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Journal Customary Law
Anggiat Tobing, Faisal Santiago
Digital transformation has driven a shift in the pattern of legal service delivery from conventional services to virtual legal services, namely the provision of legal services by advocates through electronic media without the physical presence of the advocate and client. This practice has grown rapidly in Indonesia through the use of video conferencing, electronic mail, instant messaging applications, cloud computing, electronic signatures, Artificial Intelligence, and various digital legal platforms. This development has not been accompanied by the establishment of adequate legal regulations, resulting in a normative vacuum regarding the provision of virtual legal services, protection of client confidentiality, digital identity verification, the use of electronic documents, the use of Artificial Intelligence, and legal accountability in the digital ecosystem. This study aims to analyze the regulatory issues surrounding virtual legal services in Indonesia and to formulate a legal framework grounded in the principles of legal certainty and client protection. It employs normative legal research, drawing on statutory, conceptual, philosophical, and comparative approaches. Legal materials are analyzed qualitatively through prescriptive analysis. The findings show that Law Number 18 of 2003 on Advocates and the Advocates' Code of Ethics do not adequately address virtual legal services, creating regulatory inconsistencies with laws on electronic transactions, personal data protection, electronic evidence, and electronic systems. The proposed reconstruction includes establishing norms regarding the provision of virtual legal services, client digital identity verification, electronic powers of attorney, protection of digital communication confidentiality, the use of Artificial Intelligence, regulation of digital legal platforms, legal and ethical accountability, and the development of a Digital Advocates' Code of Ethics integrated with amendments to the Advocates Law and harmonization of various related laws and regulations. This reconstruction is expected to create an adaptive digital legal services system, provide legal certainty, strengthen client protection, and maintain the independence of the legal profession in the era of digital transformation
JOURNAL ARCHIVE
2026-09-06
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Journal Customary Law
Eva Berta Pattinasarany, Faisal Santiago
The development of generative Artificial Intelligence (AI) has changed the characteristics of criminal acts through its ability to produce text, images, sound, video, and program code that can be used to commit various forms of crime, such as deepfakes, voice cloning, digital document forgery, phishing, and malware distribution. These changes present new legal issues because the doctrine of criminal liability in Indonesian positive law is still based on the assumption that the perpetrator commits the act giving rise to legal consequences, whereas generative AI creates a relationship mediated by an algorithmic system. This study aims to analyze the construction of criminal liability for crimes committed through generative artificial intelligence, identify weaknesses in the applicable legal norms, and formulate a reconstruction of the concept of criminal liability that is more adaptive to technological developments. The study uses a normative juridical method with statutory, conceptual, and comparative approaches. Legal materials are obtained through literature studies and analyzed qualitatively using descriptive-analytical and prescriptive methods. The research found that Law Number 1 of 2023 concerning the Criminal Code, Law Number 11 of 2008 concerning Electronic Information and Transactions, as most recently amended by Law Number 1 of 2024, and Law Number 27 of 2022 concerning Personal Data Protection do not provide adequate regulations regarding the division of criminal liability among users, developers, platform providers, and corporations in the generative AI ecosystem. This gap creates uncertainty in determining perpetrators, proving fault, causal relationships, and inclusion. This research proposes a reconstruction of the doctrine of criminal liability through a Role-Based Criminal Liability model that integrates classical criminal law theory with the principles of AI Governance, Risk-Based Regulation, and Responsible AI. This model divides liability based on the level of control, the ability to prevent risks, and the predictability of consequences. It is hoped that it will provide legal certainty, protect the public, and support the responsible development of AI technology.
JOURNAL ARCHIVE
2026-06-30
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Journal Customary Law
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pp. 1–10
Richard Herlambang, Faisal Santiago
The development of bankruptcy practices in Indonesia reveals the emergence of bankruptcy petitions for companies that are still in a state of insolvency, which raises serious questions about the balance between procedural certainty and substantive justice. The simple evidentiary standard as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations makes it easier for creditors to file bankruptcy petitions with relatively minimal formal requirements, namely the presence of two creditors and one debt that is due and collectible. This characteristic accelerates the commercial justice process, but at the same time has the potential to create a gap between procedural norms and the economic reality of the debtor. This article aims to analyze the concerns of bankruptcy petitions for solvent companies, identify distortions in the function of bankruptcy as a collective mechanism for resolving insolvency, and formulate a normative reconstruction of a more balanced evidentiary standard. The research method employs normative legal research with statutory, conceptual, case, and comparative approaches. The analysis is conducted on bankruptcy regulations, legal doctrine, and commercial justice practices to assess the tension between legal formalism and substantive justice. The study's findings demonstrate that the dominance of simple evidentiary procedures has the potential to disregard the assessment of real financial conditions, thus opening up the opportunity for bankruptcy to be used as a strategic pressure tool. The proposed normative reconstruction includes the integration of insolvency assessment as an additional parameter, strengthening judicial interpretation guidelines, and reformulating evidentiary standards to accommodate procedural efficiency while more proportionately considering economic implications. This approach is expected to strengthen bankruptcy's function as a fair, rational, and responsive debt resolution mechanism, aligned with the dynamics of the modern business world.