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Viyona Marsanda Purba

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Based on the objectives of the Republic of Indonesia, which protects every right and existence in order to provide welfare to its people, it is evident that technological advancement also has a significant impact on the healthcare world. Medical malpractice is a medical act that can be highly detrimental, as it directly affects the community by causing negligence in medical services. In this regard, legislation provides protection to the Indonesian people and safeguards their rights as recipients of healthcare services. The aim of this research is to examine the criminal responsibility of healthcare professionals in cases of malpractice. The author also employs a juridical research method, where the main issue serves as the primary data, and in order to provide strong results, legal regulations are used as secondary data to offer an assessment for addressing malpractice cases transparently. The results of this research explain that a doctor can be legally prosecuted for their negligence in providing healthcare services, both from the perspective of law and medical ethics.  

Arung Rahmat Sijaya; Ivan Zairani Lisi; Alfian Alfian

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid advancement of knowledge and information technology has reshaped the perspectives and lifestyles of Indonesian citizens, particularly through innovations like Artificial Intelligence (AI), which automates various tasks and simplifies human activities. However, the misuse of AI has become a critical issue in 2023, especially in spreading sophisticated fake information. To address this, Law No. 1 of 2024, amending Law No. 11 of 2008 on Information and Electronic Transactions, is expected to combat AI software misuse effectively. This study investigates the legal implications of AI misuse, particularly concerning privacy and personal data security, and examines its interpretation under Articles 27 and 32 of the Information and Electronic Transactions Law to enhance law enforcement and safeguard individual privacy rights. Using a normative legal research approach, the findings reveal that AI misuse, such as manipulating photos and videos, violates data protection laws, including the GDPR in the European Union and Indonesia’s Personal Data Protection Act. Such violations can lead to severe penalties, legal consequences, and reputational damage for companies. Recognized as a form of cybercrime, AI misuse is addressed under Article 35 of the Information and Electronic Transactions Law, which provides a specialized legal framework for handling such offenses comprehensively.

Hakiki, Bela Amru

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Changes in the health insurance system in Indonesia continue to evolve, one of which is implementing the Standard Inpatient Class (KRIS) policy as a replacement for the BPJS Health class system based on Presidential Regulation (Perpres) Number 59 of 2024. This policy is designed to unify healthcare classes to reduce disparities in healthcare access and quality in Indonesia. However, its implementation is faced with key challenges, including hospital infrastructure readiness, limited human resources, and criticism from various parties, including patients and healthcare providers. This study uses a qualitative approach with descriptive methods to review various policy documents, relevant literature, and legal and social perspectives related to policy implementation. The results show that although KRIS has the potential to reduce disparities in access to health services, its implementation requires more attention to the readiness of health facilities, strengthening management systems, and budget adjustments to support optimal operations. Furthermore, this policy requires the active involvement of the community and health workers in the evaluation and decision-making process so that the policy is more responsive to the real needs in the field. The theoretical approaches used, such as public policy theory and progressive law, highlight the importance of cooperation between the government, healthcare providers, and communities to ensure effective and equitable implementation of KRIS. This research suggests improving hospital infrastructure, continuous training for health workers, and strengthening a transparent monitoring system to ensure the success of this policy. This research is expected to make a positive contribution to the formulation of health policies that are more inclusive and sustainable and can serve as a reference in efforts to realize a more equitable and fair health service system for all Indonesians.

Septiana Wulandari; Umi Rahmawati; Merita Auli; Tatang Sudrajat

Public Service And Governance Journal 2025 Universitas 17 Agustus 1945 Semarang

The development of communication and information technology currently has a major impact on the pattern of public complaints about public services which in the era of digital democracy are inseparable from the dynamics of regional government. The presence of regulations regarding public services through Law Number 25 of 2009 and various derivative regulations in the implementation of regional government is an important part of moving towards a more democratic life. This study aims to discuss the policy of the South Sumatera Provincial Government in handling public service complaints through electronic communication media in the era of digital democracy from a political and public policy perspective. The study uses a combination of normative legal methods and secondary data analysis. The study concludes that politically, handling public complaints about regional government services is a positive thing. In the context of digital democracy and the quality of public services, the response of the regional government to public complaints is a measure of good governance. The issuance of Regional Regulation Number 3 of 2013, Governor Regulation Number 26 of 2016, and Governor Regulation Number 9 of 2022 are concrete manifestations of public policy. As a product of the political process, this is substantively related to public services and public complaints in the digital era. The existence of an electronic complaint channel regarding public services opens up space for increasing public awareness of their rights. Political life will be more democratic when communication between the government and the people runs functionally. There are several regional policy substances that need to be improved.

Nikmatul Wardiah Pulungan; Wizalkarnaen Hasibuan; Ilham Kurniawan Syahputra; Muhammad Afdul Soleh; Adrina Fauza

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The case of serial rape committed by I Wayan Agus Suartama, a man with a disability, raises complex debates about punishment and the rights of persons with disabilities. This research aims to analyze the criminalization of the criminal case of rape from the perspective of criminal law and the rights of persons with disabilities in Indonesia. The research method used is juridical-normative research by analyzing cases and interviews with legal experts and disability activists. The results showed that the criminalization of the case had not been adequately considered and considered the rights of persons with disabilities and needed improvement in terms of accessibility, education and awareness about disability. This research recommends improvements to criminal law and policies for the protection of persons with disabilities to promote social justice and equality.  

Rully Affan Pamungkas; Rastra Wahyudityana; Fadlan Fadlan

International Journal of Communication, Tourism, and Social Economic Trends 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research conducts a comprehensive juridical analysis of interfaith marriage within the framework of Indonesian positive law, examining the legal complexities and regulatory challenges in the current legal system. The study critically analyzes the existing legal instruments, including Marriage Law No. 1 of 1974, compilation of Islamic Law, and relevant Supreme Court decisions that govern interfaith marriages in Indonesia. Through doctrinal legal research methodology, this study investigates the legal vacuum surrounding interfaith marriages and its implications on citizens' constitutional rights. The research examines how different legal interpretations by civil registry offices, religious courts, and other legal institutions affect the implementation of interfaith marriage regulations. Findings indicate substantial inconsistencies in legal interpretation and application, leading to legal uncertainty for couples seeking interfaith marriages. The study reveals that while Indonesian positive law does not explicitly prohibit interfaith marriages, the absence of clear regulatory frameworks often results in practical obstacles and varying administrative practices across different regions. The research also explores how judicial decisions have shaped the legal landscape of interfaith marriages, analyzing landmark cases that have influenced current legal practices. This study concludes that there is an urgent need for legal reform to provide clear guidelines for interfaith marriages that align with constitutional principles while respecting religious values and human rights in Indonesia's pluralistic society.

Riza Rosalya; Rahadi Pratama; Fadlan Fadlan

International Journal of Humanities and Social Sciences Reviews 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research examines the legal aspects of collaborative programs in integrated waste management systems in Batam City. The study focuses on analyzing the regulatory framework, identifying implementation challenges, and developing recommendations for effective multi-stakeholder collaboration. Using a mixed normative and empirical juridical approach, data was collected through document analysis, in-depth interviews, and field observations. The findings reveal significant regulatory fragmentation between central and local governments, coordination gaps among stakeholders, and legal barriers in public-private partnerships. The research proposes improvements to the legal framework, strengthening coordination mechanisms, and developing supportive legal instruments. The study contributes to understanding how regulatory frameworks can better facilitate collaborative waste management programs in urban settings.

Bahrul Ulum

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Dumping, characterized by selling goods at below-market prices in export markets, poses significant ethical and economic concerns in global trade. Islamic law (shariah), with its emphasis on justice, equity, and harm reduction, provides a unique lens for analyzing such practices. This review synthesizes insights from scholarly works to explore the compatibility of Islamic legal principles with anti-dumping measures. Key findings include Islamic jurisprudence’s proactive stance against predatory pricing (siyasah al-ighraq) for its potential to harm market stability and marginalize smaller producers. Studies show that Islamic law prioritizes public welfare (maslahah) and promotes ethical market behaviors, offering alternative regulatory perspectives to address trade malpractice. Through case studies like Indonesia’s WTO defense on paper dumping and comparative analyses with Saudi trade laws, this review highlights the robust ethical foundation Islamic law brings to contemporary international trade debates. The synthesis concludes by advocating integrative frameworks to harmonize Islamic ethics with global trade governance.

Reski Apriyani; Putri Rahmawati; R. Nur Hafriza; Wahjoe Pangestoeti

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

To ensure openness, responsibility and effectiveness in managing state finances, this research examines state financial management from a legality and anti-corruption perspective. In this research, relevant laws and regulations and scientific literature were studied using a literature study approach. The research results show that the principle of legality emphasizes the need for all state financial management activities to comply with relevant regulations, including the use of the State Revenue and Expenditure Budget (APBN) as a legal basis. The anti-corruption principle complements the principle of legality with preventive pressure and firm action against the protection of permits that are detrimental to state finances. These two principles support each other to ensure responsible financial management, protect officials with good intentions, and take action against perpetrators of corruption who fulfill the elements of malicious intent. In conclusion, implementing the principles of legality and anti-corruption synergistically can encourage good state financial governance, support clean government, and create sustainable development.

Ghiffari Satrya Pratama; Afiana Rohmani; Arief Tajally

Jurnal Kesehatan dan Kedokteran 2025 Lembaga Pengembangan Kinerja Dosen

The determination of human skeletons and fragments has significant value from both a legal and humanitarian perspective, which generally includes the evaluation of teeth, bones, fingerprints, and genetic material. However, fingerprinting and DNA methods are not without their limitations. Sex determination is an important first step in biological profiling, which plays a role in victim matching. Research on sex identification using T12 vertebrae with Geometric Morphometric (GM) techniques is still relatively rare. The GM technique deeply explores the dimensions and shape of objects. This study used an analytic observational design with a retrospective cross-sectional approach, involving 100 CT scan samples from Dr. Kariadi Hospital. Gender was used as the independent variable, while size (centroid size) and shape (principal component) were the dependent variables. The results of independent t-test and Mann-Whitney analysis showed a significant difference in T12 vertebra size between men and women (p = 0.000), but not in shape (p = 0.439). Based on the GM technique, it was revealed that the difference in T12 vertebrae between men and women was in size, not shape.

Sanusi Sanusi; Rezike Nurul Ergiarti; Fajar Ari Sudewo; Mukhidin Mukhidin; Moh. Taufik

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study critically examines access to justice for minors who are victims of rape in the context of the Indonesian criminal justice system, with a special focus on the human rights perspective. This study is motivated by the high number of cases of sexual violence against children and the complexity of handling them in the Indonesian legal system. The research problem is how to protect human rights for minors who are victims of rape in the law enforcement system in Indonesia. The research method uses qualitative normative legal research by analyzing legal doctrine and related legislation. The research method used is qualitative normative legal research, namely examining various laws and regulations and related literature to understand legal principles and their implementation in the field. The results of the study show that in terms of legal-normative, the protection of children's human rights is regulated in various national and international laws and regulations. However, there are several challenges in its implementation in the field such as limited understanding of law enforcement officers, facilities, and implementing regulations. For this reason, it is necessary to strengthen socialization, legal frameworks and implementation facilities, and continuous evaluation in order to realize universal protection of children's human rights. This study identifies systemic challenges faced by victims in seeking justice, including child-unfriendly legal procedures, lack of psychosocial support, and persistent social stigma. The study’s main findings indicate significant gaps between international human rights standards on child protection and practices on the ground. This study argues for a comprehensive reform of Indonesia’s criminal justice system to better accommodate the needs and rights of child victims, including the provision of specialized legal assistance, increased sensitivity of law enforcement officers, and the development of recovery-centered justice mechanisms. This study offers concrete recommendations for system improvement, which are expected to serve as a reference for policymakers, legal practitioners, and other stakeholders in efforts to improve access to justice for child rape victims in Indonesia.  

Arofiani Mutmainah; Dina Cheetah Khairiyah; Habibah Ramadhani Nasution; Ahmad Wahyudi Zein

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to explore how the integration of the Qur'an, Sunnah, Ijma', and Qiyas becomes the main foundation in building a sharia economic framework that is relevant to modern challenges. The Qur'an, as the main source of Islamic law, provides holistic and transformative guidelines, while the Sunnah serves as an explanation and reinforcement of the principles contained in the Qur'an. On the other hand, Ijma' and Qiyas play a crucial role in formulating new laws that are not explicitly mentioned in the sacred texts, thus enabling the application of sharia in the context of contemporary economic problems that continue to develop. This study uses a literature study approach to analyze various theoretical and empirical perspectives related to the application of the four sources of law in sharia economics. The research findings show that the integration of the four sources of Islamic law not only forms a strong normative basis but also provides an understanding in responding to the needs of modern society. In this way, sharia economics can accommodate the principles of justice, poverty, and inclusiveness, which are the essence of building an economic system oriented towards collective welfare. In addition, this study critiques the challenges in implementing sharia principles, especially in the process of interpretation and adaptation to global dynamics. The limitations of conventional methodologies in integrating legal sources often become obstacles in creating solutions that are appropriate to local and global contexts. Therefore, this study suggests the need for a multidisciplinary approach involving collaboration between scholars, economists, and policy makers to ensure that sharia economics can develop consistently and relevantly to the needs of the times. These findings not only enrich academic discourse but also provide practical contributions in efforts to build a more just, sustainable, and Islamic-value-based economic order.  

Edwin Setiawan; Hartiwiningsih Hartiwiningsih

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.

Sielly Budi Prameswari; Galuh Kartiko

Proceeding of the International Conference on Economics, Accounting, and Taxation 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Ethics in face-to-face discussion learning for accounting students finds new challenges when AI has been widely used. This study aims to determine the dimensions of legality, ethics, and behavior of AI use in accounting students' discussions. This study is exploratory descriptive. Primary data were collected through interview methods. Secondary data was obtained through a literature study. Respondents were 3rd-semester students of the accounting study program who had not taken the Professional Ethics course. The findings from the legal aspect show that there is a legal vacuum related to the results of AI's work. Therefore, the results of AI's work are owned by users who download it and agree to the terms and conditions that apply to the AI ​​installed on their devices. In this regard, we recommend the implementation of the Work Made For Hire Doctrine. The Ethics Aspect is still related to the legal vacuum aspect, so students need rules or initial agreements in using AI in face-to-face discussion activities. The result strengthens the evidence of deontological ethics in Accounting students. The benefits of using AI from the results of this study are to increase class activity, so that lecturers are expected to elaborate on the use of AI in their lecture methods. Another positive side of using AI is because the answers are too broad and often inconsistent, this condition triggers students’ critical thinking. On the other hand, students generally use AI to save time. Therefore, it is recommended that accounting student lecturers provide a different perspective on the importance of studying lecture material, and emphasize the assessment of each individual based on the process, not on the result.

Moh. Nuruddin; M. Sholehuddin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The settlement of carok as part of Madurese society is very important to analyze. This study aims to determine the social impact on the families of carok perpetrators in the perspective of criminology. The second objective is to determine the role of community leaders and the police in minimizing threats and taking preventive action against the families of carok perpetrators in Madura. The research method used in this research is the type of empirical legal research. The results showed that: First, from a criminological perspective, carok can be categorized as a crime. Carok in this case can be subject to articles of the Criminal Code related to crimes against the body and crimes against life. According to labeling theory, families of carok perpetrators are usually labeled by the community as families of criminals who are usually dubbed as “Kaloarga Tokang Carok”. Second, Kiai in carok cases plays a role in reconciliation and mediation efforts between the families of carok perpetrators and the families of carok victims to minimize threats to the families of carok perpetrators. The Sampang Police, among others, conducted counseling with the perpetrator's family and collaborated with community leaders.

Maniah Maniah; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The notary profession in Indonesia is experiencing a critical transformation driven by technological advancements, changing legal landscapes, and the imperative of modernization. This research comprehensively examines the current regulatory framework governing notaries, analyzing the multifaceted challenges and potential opportunities for substantive reform in the contemporary legal ecosystem.The study employs a mixed-method approach, integrating qualitative legal analysis, comparative research, and empirical investigation to provide a holistic understanding of the notary profession's evolving role. Through in-depth examination of existing regulations, stakeholder interviews, and comparative international perspectives, the research identifies key systemic barriers and innovative pathways for professional development.Critical findings reveal significant challenges, including technological adaptation gaps, regulatory inflexibility, and inconsistent professional standards. The research highlights the urgent need for a dynamic regulatory approach that balances traditional legal principles with emerging digital authentication technologies. Key opportunities emerge in areas such as blockchain-based document verification, comprehensive digital skills training, and adaptive professional development frameworks.The study proposes a comprehensive reformation strategy encompassing technological infrastructure development, professional skills enhancement, and regulatory modernization. Recommendations include establishing dedicated innovation units, implementing mandatory technology training programs, and creating flexible regulatory mechanisms that can rapidly respond to technological and professional landscape changes. By providing a nuanced analysis of the notary profession's current state and future potential, this research contributes critical insights to the discourse on legal professional modernization in Indonesia. The findings underscore the essential role of strategic, forward-looking reforms in ensuring the continued relevance, effectiveness, and integrity of notarial services in the digital era.

Rahayu Kojongian

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article critically examines the implementation of Law No. 35 of 2014 on Child Protection in Indonesia, focusing specifically on the challenges and strategies for protecting the rights of street children, with a particular emphasis on the context of Kendari City. Using a normative legal and socio-legal research approach, combined with a criminological perspective on vulnerability and exploitation, this study analyzes the effectiveness of the existing legal framework, educational interventions, and social support mechanisms. Key findings reveal that despite a strong legal foundation, significant gaps remain in the practical fulfillment of street children's rights due to socio-economic determinants, inadequate resource allocation, and coordination complexities. The article highlights the crucial role of non-formal education and victim-centered approaches in addressing child criminal exploitation. Comparative insights from international standards, such as the UNCRC and restorative justice principles, underscore the challenges of universal implementation while offering pathways for improved protection. Recommendations include strengthening inter-agency collaboration, expanding tailored education programs, and fostering greater community engagement to ensure a more just and protective environment for all children.  

Magdhalena Tasik Todingrara

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Restorative justice or restorative justice, is an approach that emphasizes restoring losses experienced by victims, reintegrating perpetrators into society, and repairing social relationships damaged by criminal acts. In contrast to the retributive approach which focuses on punishment as retribution for legal violations, this research aims to analyze the concept of mediation as an alternative for resolving criminal acts from a restorative justice perspective and the effectiveness of mediation in reducing the burden on the courts and increasing the efficiency of the criminal justice system. This research is a type of normative legal research that uses a conceptual approach. The data source used in this research is secondary data. The results of this research are that mediation as an alternative for resolving criminal acts from a restorative justice perspective has great potential to create more substantive and sustainable justice. Mediation is an effective tool for reducing the burden on courts and increasing the efficiency of the criminal justice system. By providing a faster, more cost-effective and flexible dispute resolution mechanism, mediation not only helps reduce the backlog of cases in court, but also creates more satisfactory solutions for victims and perpetrators.

Mappasessu Mappasessu

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explores the role of digital technology and artificial intelligence (AI) in transforming Islamic family law practices, with a focus on efficiency, accessibility, and justice. This study aims to analyze how technology supports administrative processes, legal decision-making, and public literacy toward Islamic law. The method used is a multidisciplinary approach that integrates the perspectives of sharia law, technology, and ethics. The results show that digital technology improves efficiency through document digitization, online registration, and virtual hearings, while AI makes a significant contribution through big data analysis to understand family dispute patterns and offer algorithm-based recommendations. However, there are challenges related to algorithm bias, data security, and compliance with sharia values. The study emphasizes the importance of collaboration between scholars, technology experts, and legal practitioners to ensure the adoption of technology that is aligned with maqashid al-shariah, in order to create an adaptive and inclusive Islamic family legal system in the digital era.

Dandy Saputro; Rosita Candrakirana

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.