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Shirena Putri Brilianty; Abraham Ferry Rosando

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

According to the state, all constructs of crime, especially domestic crime, are included with human rights violations, crimes against human dignity and discriminatory practices. Domestic crime, usually abbreviated as domestic violence, is a phenomenon that often occurs in or around the family. The majority of domestic violence is experienced by women or children because there are many aspects of life that are less or even unfair to them, thus providing opportunities for crimes against them. Physical abuse or violence, exploitation, neglect, and sexual abuse by spouses, children, or household staff are just some of the many forms of domestic crimes that can occur. In real life, there are many documented and unusual instances of domestic abuse. The purpose of this research is to determine and assess the impact of withdrawing a domestic violence report on the legal standing of the perpetrator. To examine the ambiguous standards surrounding the revocation of domestic crime reports, this research was written using normative legal research techniques with a statutory approach. The research findings show that, in accordance with Article 44 of Law Number 23 Year 2004 on the Elimination of Domestic Violence, husbands who commit violence against their spouses can be subject to sanctions. Domestic crimes are included in the relative complaint offense but are only covered in Articles 51 and 52, which basically do not make it painful or difficult for someone to carry out daily activities or hold a job or other position. Shortly after the perpetrator was named as a suspect in this domestic violence case, the victim withdrew the domestic violence report. As a result, the revocation of this report has legal consequences with the issuance of a Letter of Termination of Investigation in accordance with Article 75 of the Criminal Code.  

Siti Ashira Salvina Day; Rahayu Subekti

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

Since the emergence of the COVID-19 pandemic, the transformation of the health sector in Indonesia has taken place with the beginning of the era of digitization of health services, one of which is the digitization of the implementation of electronic medical records through the Regulation of the Indonesian Minister of Health (PMK) No. 24 of 2022 on Medical Records. Through this regulation, the Government provides freedom for health care facilities to choose the system to be used, which can be a system developed independently, a system developed by the Ministry of Health, or can also collaborate with vendors providing information systems or partner systems for short. However, there is no detailed description of the liability for leakage of electronic medical record data whose system comes from a partner system, so that clear boundaries are needed regarding this matter. This research aims to explore the legal standing of electronic medical record system providers or system partners and the legal liability provided in the event of an electronic medical record data leak. The result of this research is the position of the partner system as a form of PSE in accordance with the provisions of Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions and the legal liability of the partner system for leakage of electronic medical record data is as a Controller of Personal Data based on Law Number 27 of 2022 concerning Personal Data Protection.