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Herianto Setiawan

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

The rise in corruption cases in Indonesia significantly hampers investment, impacts national economic growth, and undermines the integrity of public institutions. This study highlights the strategic role of public mobilization as guardians of transparency in preventing potential corruption at the Danantara Investment Management Agency (BPI). Using a normative legal research approach enriched by qualitative analysis of the regulatory framework and best practices, this study examines the legal basis supporting public participation and formulates an effective corruption prevention strategy in the digital era. The results show that optimizing the role of the public through information transparency and the use of information and communication technology (ICT) plays a crucial role in building accountability and detecting irregularities. Access to audit data, financial evaluations, and public information is an important instrument in strengthening oversight. The use of ICT allows the public to analyze anomalous patterns, assess institutional performance, and provide constructive feedback on investment management policies. However, this mobilization faces significant challenges. First, the complexity of financial and regulatory data often makes it difficult for the general public to interpret. Second, limited digital literacy hinders the public's ability to utilize oversight technology. Third, the urgent need for certainty of legal protection for whistleblowers or oversight participants is a determining factor in the success of the mobilization. Therefore, strengthening regulations that guarantee legal protection, increasing digital literacy capacity, and developing user-friendly public oversight platforms are necessary. Synergy between the government, investment management institutions, and the public is key to creating a transparent, responsive, and adaptive oversight system to technological developments. This way, the active role of the public can be optimized to strengthen the integrity of BPI Danantara and promote a healthy investment climate in Indonesia.

Rayga Rayyan; Marice Simarmata

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The utilization of Artificial Intelligence (AI) in healthcare services and medical diagnosis in Indonesia has grown rapidly alongside the digital transformation of the health sector. AI technology has been employed to improve service efficiency, accelerate diagnostic processes, and enhance disease detection accuracy, particularly through medical imaging and ECG data analysis. Algorithms such as K-Nearest Neighbor (KNN) and Chi-Square have shown effectiveness in heart disease classification. However, despite its benefits, AI implementation presents legal challenges. The absence of specific regulations regarding legal liability in cases of AI-based diagnostic errors creates uncertainty for both medical professionals and patients. Additionally, the lack of national standards, weak patient data protection, and digital literacy gaps present significant obstacles. Adaptive policies, the establishment of dedicated regulations, and collaboration between government, medical practitioners, technology developers, and academics are essential to develop a legal framework that accommodates AI advancements responsibly. With clear legal certainty, AI technology can be optimally utilized to support more inclusive and high-quality healthcare services.

Eka Sakti Panca Indraningsih; Hedwig Adianto Mau; Mardi Candra

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

The use of materials in health research requires a binding instrument to regulate the distribution of benefits. Material Transfer Agreement (MTA) is an essential material transfer agreement, allowing the management of the transfer through negotiation until a mutually beneficial agreement is reached. In addition, MTA functions as a contract that protects the rights of the parties involved and ensures compliance with regulations, based on the theory of legal protection and authority. This study uses a normative legal method with a statutory and conceptual approach. The collection of legal materials is carried out through the identification of positive legal rules, as well as examining primary, secondary, and tertiary sources. The data is then analyzed from the identification of legal facts to drawing conclusions. The results of the study show that MTA regulations in Indonesia are comprehensively regulated by various levels, including Law Number 17 of 2023 concerning Health (Article 340 paragraph 3), Law Number 11 of 2019 (Article 76 letter h and Article 77 paragraph 1), Government Regulation Number 28 of 2024 (Articles 972, 1025–1031), and Regulation of the Minister of Health Number 85 of 2020 (Articles 4, 5, 6, 7, 9, 14, 15, and 16 paragraph 1). These national legal frameworks complement each other to ensure procedural certainty, biosafety, benefit sharing, protection of intellectual property rights, and sanctions for violators in the transfer of health materials. Although its implementation faces preventive and repressive challenges, MTA has proven essential in bridging national and commercial interests, increasing the capacity of science and technology, and protecting the sovereignty of Indonesia's genetic resources.

Rayga Rayyan; Abdul Rahman Maulana Siregar

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The rapid development of health technology has significantly contributed to healthcare services. Technologies such as Electronic Medical Records (EMR), telemedicine, and Artificial Intelligence (AI) have improved healthcare accessibility. However, these advancements also present legal challenges, particularly regarding patient data protection and liability for medical errors (malpractice). Patients have the right to data privacy, and data breaches can have serious consequences. In Indonesia, regulations such as the Ministry of Health Regulation No. 24 of 2022 on Medical Records have been implemented to strengthen patient data security. However, legal gaps still exist, particularly concerning the responsibility of third-party technology providers. Additionally, the application of technology increases the risk of malpractice, especially in the use of AI and telemedicine, where diagnostic errors can occur. Current regulations, including Law No. 17 of 2023 on Medical Health, do not fully address liability for errors involving technology. Therefore, stronger legal certainty and more comprehensive regulations are needed to keep pace with the rapid development of health technologies.

M.Sholkhan

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Nowadays information technology is developing very rapidly in the health sector. As technology advances, the use of medical records has begun to shift from conventional or paper-based to digital. Electronic medical records (EMR) are an important part of health services. Electronic medical records are electronic information created by health care providers based on patient conditions, forwarded and sent to other departments for consultation and further examination and received and stored in digital form and can be viewed at any time if needed. Electronic medical records are very useful for healthcare organizations, healthcare professionals as well as patients. The purpose of this study was to analyze the implementation of electronic medical records and legal studies. This study used normative juridical research methods. This study had a specificity, namely descriptive-analytic where this study sought to analyze legal issues and also the legal system, that it could be understood and then conclusions could be drawn. The results showed that the implementation of electronic medical records, namely first, the implementation of electronic medical records could increase the accuracy and security of data. Second, the implementation of electronic medical records could increase efficiency and productivity. Third, the implementation of electronic medical records could provide better service to patients. The legal basis for implementing electronic medical records was contained in the Regulation of the Minister of Health Number 269/MENKES/PER/III/2008 concerning Medical Records where in Article 2 Paragraph (2) it was explained that "Medical records must be written, complete and clear or electronic". ITE Law Number 19 of 2016 did not regulate how electronic medical records were issued. Electronic medical records as a form of medical document must comply with applicable legal requirements, such as the right to privacy, confidentiality, accuracy and data security. It was hoped that legal certainty in the implementation of electronic medical records could help improve and improve health services.

Lisa Lamusul Afiyah; Sigit Irianto

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Teledentistry is a relatively new combination of telecommunications technology and dental care. It has its roots in telemedicine, which involves the use of communications and information technology to provide health services across geographic distances. Teledentistry faces several challenges, including limited internet access and inadequate infrastructure in remote areas, concerns about the confidentiality of electronic medical records, and incomplete regulations regarding teledentistry in the current law. The problems raised in this research are the obstacles faced by teledentistry practitioners in Indonesia, including factors that hinder their ability to manage medical risks and legal protection for teledentistry practitioners who face medical risks such as drug allergies. Legal protection for dentists in the field of teledentistry when facing medical risks, such as allergies to electronically prescribed medications. Dentists must obtain legal guarantees and certainty in providing health services to their patients. The conclusion of this study is that in teledentistry consultation services, medical risks such as drug allergies, which are unpredictable reactions of the patient's body, cannot be predicted. Medical risk is not a form of medical malpractice. Because, in medical risks, one of the elements in articles 338 and 359 of the Criminal Code cannot be fulfilled, namely the element of negligence.