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Yudhi Hertanto
Universitas Ibn Khaldun Bogor

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Towards A Progressive Health Law Paradigm: A Philosophical And Juridical Reconstruction Of The Informed Consent Concept In Indonesia Yudhi Hertanto; Ady Purwoto
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2508

Abstract

The implementation of the informed consent doctrine in Indonesia is frequently trapped in rigid administrative texts and juridical formalism, which consequently overlooks the essence of patient autonomy. The enactment of Law Number 17 of 2023 concerning Health necessitates a conceptual repositioning of medical treatment consent. This study aims to reconstruct the concept of informed consent through the lens of Progressive Law and Bioethics to establish a balance between patient autonomy and legal certainty for medical practitioners. Utilizing a normative juridical research method with statute and conceptual approaches, this study examines the shift from a paternalistic paradigm to an educational-contractual relationship. The findings indicate that legal reconstruction must position informed consent as a continuous ethical communication process rather than a mere signing of a form. While Law No. 17 of 2023 strengthens transparency, it requires the integration of humanitarian values to minimize medical disputes and malpractice cases, which have increasingly appeared in mass media.
Moral Paradox And Legal Pragmatism: A Multi-Analysis Of The Cooperating Accomplice (Justice Collaborator) In Indonesia Yudhi Hertanto; Ibrahim Fajri
JURNAL MAHASISWA YUSTISI Vol. 4 No. 2 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i2.3095

Abstract

The institution of the cooperating accomplice, universally known as the Justice Collaborator (JC), represents a crucial legal breakthrough in combating extraordinary crimes such as corruption, money laundering, and organized crime in Indonesia. However, its implementation triggers intense doctrinal debates because it entails granting legal incentives to criminal perpetrators. This study aims to analyze the existence and effectiveness of the JC through an interdisciplinary approach that integrates dogmatic-juridical, socio-legal, and philosophical perspectives. Employing a normative-empirical (socio-legal) research method alongside statutory, conceptual, and contemporary case approaches, this article dissects the structural tensions inherent in law enforcement. Juridically, the study reveals that regulatory overlaps between SEMA No. 4 of 2011 and Law No. 31 of 2014 generate operational uncertainty regarding the criteria for identifying the "main perpetrator." Sociologically, the JC institution directly collides with deviant subcultures and the code of silence (omertà) within criminal syndicates, wherein perpetrators experience an identity shift from transgressive actors to state collaborators driven by rational choice calculations (rational choice theory). Philosophically, a profound antinomy persists between absolute retributive justice, which demands proportional retribution, and legal utilitarianism, which prioritizes broader public utility. This study concludes that strengthening the JC institution requires the harmonization of sectoral regulations, more accommodative witness protective measures by the LPSK, and consistent judicial recognition to pierce the veil of corporate secrecy and corrupt bureaucracies within the contemporary landscape of national law enforcement.