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Michelle Angelika S; Wijaya, Hanna; Gosal, Darren; Afladhanti, Putri Mahirah; Kartika, Ronald Winardi +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Emergency medical care constitutes a fundamental patient right and an institutional obligation of hospitals that must be provided without temporal discrimination. However, in practice and public discourse, the meaning of “physician presence” is often narrowly reduced to physical presence alone, giving rise to allegations of medical negligence, particularly during weekends or outside regular working hours. This distorted understanding risks generating legal injustice, undermining the dignity of the medical profession, and encouraging defensive medical practice. This article aims to analyze the meaning of physician presence from a health law perspective through theoretical, normative, and systemic approaches, by distinguishing models of physician presence as on-site, on-call, and home-call/teleconsultation in emergency care services. This study employs a normative legal research method using statutory, conceptual, and limited comparative approaches. The analysis examines Law Number 17 of 2023 on Health, Government Regulation Number 28 of 2024, as well as health law literature and emergency care practices. The analysis demonstrates that, in legal terms, physician presence is not synonymous with physical presence, but rather should be understood as process-based professional responsibility, provided that care is delivered in accordance with professional standards, service standards, and an adequate triage system. Physician presence must be reconstructed as the presence of professional responsibility within an integrated emergency care system. Legal assessment in health law should be grounded in process and system integrity, rather than solely on clinical outcomes or public perception.

Wijaya, Hanna; S, Michelle Angelika; Gosal, Darren; Afladhanti, Putri Mahirah; Kartika, Ronald Winardi +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The right to privacy and the right to health are fundamental human rights that are closely interconnected. The protection of privacy for patients with Human Immunodeficiency Virus (HIV) constitutes a critical issue, given that HIV status is classified as highly sensitive health data and is particularly vulnerable to stigma and discrimination. In Indonesia, the legal framework governing the protection of HIV patients’ health data has been normatively strengthened through the Personal Data Protection Law and the Health Law; however, its implementation continues to face various challenges. This article aims to analyze the right to privacy of HIV patients and the obligations of the state in protecting sensitive health data, as well as to examine the limitations and exceptions to the disclosure of HIV-related data within the framework of law and human rights. This study employs a normative legal research method using statutory, conceptual, and human rights-based approaches. Legal materials are analyzed qualitatively through juridical interpretation and prescriptive analysis. The findings indicate that HIV status is legally categorized as sensitive personal data that is entitled to a high level of legal protection. The state bears tripartite obligations to respect, protect, and fulfill the privacy rights of HIV patients. Nevertheless, a gap persists between legal norms and their implementation, particularly in the management of electronic medical records. The protection of HIV patients’ privacy rights requires strengthened legal implementation, regulatory harmonization, and the adoption of a human rights-based approach to ensure that data protection does not conflict with public health interests.

Muh Akbar Yanlua; Mohammad Sarfan Basyir Putuhena; Syah Awaluddin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the correlation between the principle of equality before the law and the affirmative action policy, which is expressed in the form of a 30% quota for women's representation in the political field, as stipulated in Law Number 7 of 2017 concerning General Elections. The focus of the study is directed at the extent to which this quota policy is in line with the principle of equality before the law and reflects substantive justice in democratic practices in Indonesia. The research method used is normative research by examining laws and regulations, legal doctrine, and relevant literature. This approach is used to assess whether the quota policy for women's representation is in accordance with the constitutional principle of equality, while also considering the challenges of its implementation in a socio-political context that is still gender biased. The results of the study indicate that the 30% quota for women in legislative candidacy is a form of positive discrimination intended to correct structural and historical inequalities in women's political participation. This policy is expected to open wider spaces for participation so that women have equal opportunities to play a role in the legislative process and public policy making. However, this policy has also drawn criticism. Some believe that the quota emphasizes fulfilling numbers rather than the quality and capacity of the individuals nominated. Therefore, the quota must be accompanied by efforts to improve the quality of women's human resources, political education, and transparent, merit-based selection mechanisms. This way, women's representation will not only be formal but also substantial and contribute significantly to democratic development. In conclusion, the 30% quota policy remains necessary as an affirmative step toward de facto equality. However, strengthening capacity and supporting systems is crucial for its implementation to align with the principle of equality before the law and achieve substantive justice.  

Abdul Rahman; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP) has brought a number of controversies, one of which is related to the revival of provisions regarding the criminal act of insulting the President and Vice President. This article aims to critically examine these provisions in the perspective of the freedom of expression guaranteed by the Indonesian constitution and international human rights instruments. This research uses a normative juridical approach with an analysis of the norms in the new Criminal Code, the 1945 Constitution, as well as international treaties such as the International Covenant on Civil and Political Rights (ICCPR). The results of the study show that although the provision of insulting the President in the Criminal Code is only referred to as a complaint offense and is framed to protect the dignity of state institutions, the provision still has the potential to limit freedom of opinion excessively. In addition to risking opening a loophole for criminalization of legitimate public criticism, this rule also has the potential to contradict the principles of non-discrimination and accountability of public officials in a democratic country. Therefore, an in-depth evaluation of the formulation of norms and their application is needed so that they do not conflict with the spirit of democracy and the protection of human rights.   Keywords: , , , , .

Ahmad Senang; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

Nikmah Dalimunthe; Tasya Fadilah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Domestic helpers (DWs) play a vital role in sustaining household life in urban areas, yet their legal position in the Indonesian labour system remains marginal and vulnerable, without adequate legal protection. This research aims to analyse juridically normatively the legal position of domestic workers within the framework of national labour law and identify regulatory gaps and structural barriers that hinder the protection of their basic rights. Using a literature study method and a normative juridical approach, this research examines legislation, legal doctrine, and recent scientific literature. The analysis shows that Law No. 13 Year 2003 does not recognise domestic workers as formal workers, and Permenaker No. 2 Year 2015 is non-binding, creating a legal vacuum that results in vulnerability to exploitation, discrimination, and human rights violations. The absence of special regulations such as the PPRT Bill and the non-ratification of ILO Convention No. 189 exacerbate structural injustice against domestic workers. This research concludes that the legal protection of domestic workers is very weak normatively and practically, so regulative reform is needed through the enactment of special laws and harmonisation of national laws with international human rights standards in order to create a fair, inclusive and social justice-based employment system.

Human Rights; Uswatun Hasanah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Human rights and Islam both emphasize the value of justice and well-being for all individuals, including women. However, in practice, women's rights are often hampered by patriarchal culture and conservative religious interpretations. This study aims to analyze how human rights and Islam can work in harmony in guaranteeing women's rights. Using a qualitative method based on literature study, this research identifies various factors that cause discrimination against women, such as gender bias in religious interpretations and entrenched social norms. The results show that realizing gender equality in Islam requires inclusive education, fairer reinterpretation of Islamic law, policy reforms that protect women, as well as economic empowerment and women's participation in leadership. With these steps, women can obtain their full rights without erroneous cultural and religious barriers.

Susilawati Susilawati; Adianto Adianto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

HIV/AIDS is an infectious disease which is a sensitive health issue to be discussed. HIV/AIDS can also cause loss of the immune system in humans. Pekanbaru City is the area with the most cases of HIV/AIDS in Riau Province. The purpose of this study was to find out collaborative governance in preventing HIV/AIDS in Pekanbaru City and to identify the inhibiting factors in preventing HIV/AIDS in Pekanbaru City. This study uses Purwanti's theory in Aziz Arrasyid (2021) which uses 3 indicators, namely: principled engagement, shared motivation and capacity for joint action. This study uses qualitative research with a case study approach. The informants of this study, namely the Pekanbaru City AIDS Commission (KPA), the Pekanbaru City Health Office and other related institutions conducted interviews, observations and documentation so that the required data were obtained such as primary data and secondary data and then analyzed so that conclusions could be drawn from the existing problems. The results of this study can be said to be not optimal, because there are still inhibiting factors in its implementation, namely the low participation of the community, especially the suspect community who are reluctant to admit to avoid discrimination from the surrounding community and the limited infrastructure provided.