Vol. 4 No. 1 (2024): Focus Journal Law Review (Author: Japan, Indonesia, Russia)

View Vol. 4 No. 1 (2024): Focus Journal Law Review (Author: Japan, Indonesia, Russia)

This volume consist of 5 article from 10 authors from Japan, Indonesia and Russia. The title of the articles are:

  • Vicarious Liability Theory on Vicarious Liability on Artificial Intelligence (AI) in the context of Cryptocurrency
  • The Relationship between Legal Effectiveness Theory and Coaching Effectiveness Prisoners in Correctional Institutions
  • Legal Aspects of e-commerce in the Law on Electronic Information and Transactions
  • Immigration Arrangements Indonesian Citizen Travel Document perspective
  • Gig Economy Worker’s Legal Status: Employee or Independent Contractor?
DOI: https://doi.org/10.62795/fjl.v4i1
Published: 2024-05-27

Artikel

  • Vicarious Liability Theory on Vicarious Liability on Artificial Intelligence (AI) in the context of Cryptocurrency

    Ayu Pramachanti Rumiartha, Timotius Nico Yogatama

    DOI : https://doi.org/10.62795/fjl.v4i1.255

    This study aims to discuss and analyze how substitute accountability in Artificial Intelligence (AI) in the context of Cryptocurrency, analyzed with Vicarious Liability theory. The use of Artificial Intelligence is also often used in the business of digital money transactions, for example such as cryptocurrency. Technological developments have given birth to various kinds of alternative tools or instruments as a substitute for money, which could be possible for violations of the law in the use of Artificial Intelligence (AI) in cryptocurrency transactions. The research method used in this study is a type of normative legal research method. In normative legal research, a study that leads to the process of finding legal rules, legal principles, and legal doctrines that function to answer legal issues faced. The choice of the type of normative legal research in this study is related to the analysis of Vicarious Liability Theory in the context of substitute liability in Artificial Intelligence (AI). The results of the study show the importance of understanding the theory of Vicarious Liability as a theory that determines substitute liability in Artificial Intelligence (AI), this is because the use of Artificial Intelligence is also often used in the business of digital money transactions, for example such as cryptocurrency, so it does not rule out the possibility that the AI does not carry out actions in accordance with AI commands which will certainly harm all parties, including business consumers of digital financial transactions in the event of a digital transaction error, then the person responsible is not the AI subject but the subject who from the beginning provides the use of Artificial Intelligence (AI) in cryptocurrency transactions.

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  • The Relationship between Legal Effectiveness Theory and Coaching Effectiveness Prisoners in Correctional Institutions

    Mulyadi Mulyadi

    DOI : https://doi.org/10.62795/fjl.v4i1.256

    This research discusses the relationship between legal effectiveness theory and the effectiveness of coaching prisoners in correctional institutions. That the effectiveness of the law for training prisoners in order to achieve the objectives of punishment in correctional institutions. In this research the author uses a normative research method, namely a method that discusses research analysis using books, laws and concepts and theories. The research results show that the theory of legal effectiveness is closely related to the effectiveness of the implementation of laws relating to the development of prisoners in correctional institutions. These prisoners also really need good guidance and direction from correctional officers who play an important role in providing guidance and direction to prisoners during their detention period. Legal effectiveness, in this case, effectiveness is related to the rehabilitation of prisoners based on the implementation of legal validity. Legal validity refers to a legal norm that has binding force, requiring society to obey and act in accordance with the provisions of legal norms. To ensure that people are willing to obey the law, one of the efforts made is to establish sanctions, especially negative sanctions. The aim of applying sanctions among the public is to prevent them from committing disgraceful acts, thereby achieving the desired legal effectiveness and realizing the intended goals.

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  • Legal Aspects of e-commerce in the Law on Electronic Information and Transactions

    Muhammad Arrullah Safriawan

    DOI : https://doi.org/10.62795/fjl.v4i1.257

    This study aims to discuss the Legal Aspects of e-commerce in Law Number 11 of 2008 concerning Electronic Information and Transactions. In today's modern times, there are many sophisticated technologies where many people today can make electronic transactions. The research method used in this study is a type of normative legal research based on books and applicable laws and regulations. The results of this study show the need for legal aspects related to e-commerce because basically there are still many shortcomings in carrying out a protection of people who make electronic transactions. Examples of cases related to problems in e-commerce practices are in the case of differences between goods sent and goods ordered, usually the way of settlement is through the return of goods sent. In this case, using inter-package services. However, there are usually obstacles in the return process. The obstacle that usually occurs is the late delivery of goods that should already be in the manufacturer. These obstacles are usually caused by several factors, one of which is the goods lost during delivery.

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  • Immigration Arrangements Indonesian Citizen Travel Document perspective

    Made Maharta Yasa, I Gde Putra Ariana, Anastasya Puspa Dewi, Yustikarini Tri Utami Dewi

    DOI : https://doi.org/10.62795/fjl.v4i1.258

    This research aims to research, analyze and examine Immigration Regulations from the perspective of Indonesian Citizen Travel Documents. Based on Law no. 6 of 2011 concerning Immigration, foreigners when traveling in Indonesia are required to have travel documents, travel documents are official letters issued by authorized officials from a country. The research method used in this research is the normative legal research method. The results of the discussion show that regulations regarding travel documents for Indonesian citizens are regulated in Law Number 6 of 2011 concerning Immigration as an umbrella rule for immigration legislation. In Article 1 number 13, number 15 and number 16 of the Immigration Law, the meaning of travel documents, the meaning of travel documents of the Republic of Indonesia and Passports of the Republic of Indonesia are given. In full it states: Article 1 number 13, namely: Travel Documents are official documents issued by authorized officials from a country, the United Nations, or other international organizations for travel between countries which contain the identity of the holder. Article 1 number 15: Travel Documents of the Republic of Indonesia are Passports of the Republic of Indonesia and Travel Documents are Like Passports of the Republic of Indonesia. Article 1 number 16: Passport of the Republic of Indonesia, hereinafter referred to as Passport, is a document issued by the Government of the Republic of Indonesia to Indonesian citizens to travel between countries which is valid for a certain period of time. The same regulation is also contained in Government Regulation Number 40 of 2023 concerning the Fourth Amendment to Government Regulation Number 31 of 2023 concerning Implementing Regulations of Law Number 6 of 2011 concerning Immigration.

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  • Gig Economy Worker’s Legal Status: Employee or Independent Contractor?

    Ni Kadek Ayu Sri Undari, Haruka Sugiyama

    DOI : https://doi.org/10.62795/fjl.v4i1.259

    The gig economy was born as a new economic scheme due to technological disruption and digital transformation, which shifted conventional employment patterns. In principle, gig economy workers have no formal working hours because their services can be widely accessed and used through the on-demand platform provided by a company. Their freedom to determine when, where, and how they work makes gig workers unable to be classified as employees, thus putting them in a precarious position without legal protection. This study aims to understand gig workers and platform provider companies' employment relationships, further defining the scheme of gig workers' legal protection. This study is a normative legal research with statutory and conceptual approaches, which are discussed using descriptive and argumentation methods. The study results show that according to the International Labour Organization's employment relationships classification, gig workers can be classified as a non-standard employment relationship in the form of dependent self-employment, which falls in a gray area between employee and independent contractor. The legal protection for gig workers can be accommodated by three different schemes, including expanding the concept of workers, defining a third category, and establishing independent legislation. 

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