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Penegakan Hukum Atas Tindak Pidana Ujaran Kebencian Di Media Sosial Berdasarkan Pasal 27 Dan Pasal 28 Undang-Undang ITE Bambang Bambang; Hartoyo Hartoyo; M. Taufik; Sri Sukmana Damayanti
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

This study aims to analyze the legal framework and law enforcement efforts concerning the criminal offense of hate speech on social media based on Articles 27 and 28 of the Law on Electronic Information and Transactions (Electronic Information and Transactions Law/ITE Law). The development of information and communication technology has encouraged the increasing use of social media as a means of public interaction, but it has also created opportunities for various forms of misuse, including hate speech that may disrupt public order and undermine social harmony. This study employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of primary legal materials in the form of relevant laws and regulations, particularly the ITE Law, as well as secondary legal materials, including legal literature, scientific journals, and other relevant documents. The results show that the legal regulation of hate speech on social media has been addressed under the ITE Law, particularly Article 27, which regulates the prohibition of distributing or transmitting content involving decency violations and defamation, and Article 28, which regulates the dissemination of information that incites hatred or hostility based on ethnicity, religion, race, and intergroup relations (SARA). Law enforcement against these offenses is carried out by law enforcement authorities using electronic evidence as a basis for establishing proof. Law enforcement efforts include preventive measures through education and digital literacy, as well as repressive measures involving investigation, criminal investigation, and the imposition of criminal sanctions. Therefore, synergy among the government, law enforcement authorities, and society is necessary to create a safe and equitable digital environment.
Kepastian Hukum Akreditasi Laboratorium Medis Terhadap Praktik Ahli Teknologi Laboratorium Medis Dede Hermawan; Dudik Djaja Sidarta; Sri Sukmana Damayanti; M. Taufik
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

Medical laboratory services play an important role in the healthcare system by providing diagnostic information that serves as a basis for clinical decision-making. Therefore, quality assurance mechanisms through the accreditation of medical laboratories are necessary to ensure compliance with service standards, patient safety requirements, and good laboratory governance. However, in practice, issues remain concerning the legal relationship between medical laboratory accreditation as an institutional standard and the professional practice authority of Medical Laboratory Technology Professionals (Ahli Teknologi Laboratorium Medik/ATLM) as healthcare professionals. This study aims to analyze the legal certainty of regulations governing medical laboratory accreditation in relation to ATLM practice and to formulate an appropriate regulatory framework for ensuring such legal certainty. This study employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of primary legal materials in the form of laws and regulations concerning medical laboratory accreditation and ATLM practice, as well as secondary legal materials, including relevant literature, scientific journals, and legal doctrines. The legal materials are analyzed qualitatively using a descriptive-analytical method to examine the relationship between medical laboratory accreditation regulations and the professional authority of ATLMs. The results show that the regulation of medical laboratory accreditation has a legal basis through healthcare regulations, particularly Law Number 17 of 2023 on Health and Minister of Health Regulation Number 34 of 2022 on the Accreditation of Healthcare Facilities. However, these regulations do not explicitly establish the relationship between the accreditation status of medical laboratories and the authority to practice as an ATLM. Accreditation is primarily oriented toward fulfilling institutional quality standards, whereas ATLM practice authority is determined by the competence, registration, and practice license of healthcare professionals. Therefore, regulatory harmonization is needed to establish a clear relationship between medical laboratory accreditation standards and professional ATLM practice, thereby ensuring legal certainty, legal protection, and the provision of quality laboratory services
Perlindungan Konsumen Terhadap Industri Kosmetik Yang Melanggar Standar Cara Pembuatan Kosmetik Yang Baik (CPKB) Di Tinjau Dari Aspek Hukum Administrasi Ika Merdekawati; Dudik Djaja Sidarta; Sri Sukmana Damayanti; M. Taufik
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

This study aims to analyze the legal framework governing the implementation of Good Manufacturing Practices for Cosmetics (Cara Pembuatan Kosmetik yang Baik/CPKB) in the Indonesian cosmetics industry, as well as the forms and mechanisms of administrative and criminal law enforcement against violations of these standards. The research employs a normative legal research method using statutory and conceptual approaches through an analysis of laws and regulations, legal literature, and other secondary legal materials. The results show that the implementation of CPKB standards in Indonesia is regulated through Law Number 17 of 2023 on Health, Food and Drug Supervisory Agency (BPOM) Regulation Number 25 of 2019 on Guidelines for Good Manufacturing Practices for Cosmetics, as well as other relevant technical regulations requiring cosmetics manufacturers to comply with standards of product safety, quality, and benefits. Administrative law enforcement is carried out through licensing, inspection, and supervision mechanisms, as well as administrative sanctions in the form of written warnings, temporary suspension of activities, revocation of marketing authorization, and product recalls. In addition, serious violations that cause losses to consumers may be subject to criminal sanctions under Law Number 8 of 1999 on Consumer Protection and Law Number 17 of 2023 on Health. This study emphasizes that effective law enforcement in the cosmetics industry requires consistent supervision, inter-agency coordination, and increased legal awareness among business actors to ensure consumer protection and the development of a safe, high-quality, and reliable cosmetics industry
Analisis Hukum Tentang Pertanggungjawaban Pidana Pelaku Ujaran Kebencian Melalui Media Sosial Berdasarkan Undang-Undang ITE Ropi’i Ropi’i; Hartoyo Hartoyo; M. Taufik; Sri Sukmana Damayanti
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

This study aims to normatively analyze the legal framework and criminal liability for perpetrators of hate speech disseminated through social media under Indonesia's Law on Electronic Information and Transactions. The study focuses on the provisions of Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) of Law Number 1 of 2024 on the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, as well as their relationship with the Indonesian Criminal Code, particularly provisions concerning insult, provocation, discrimination, and the dissemination of hatred based on ethnicity, religion, race, and intergroup relations (SARA). This study employs a normative legal research method using statutory, conceptual, and case approaches. The results show that hate speech disseminated through social media constitutes a criminal offense specifically regulated under the ITE Law as a form of protection for public order, national unity, and the rights of individuals and communities against digitally based discriminatory acts. Criminal liability is based on the fulfillment of the element of intent in disseminating information that causes hatred or hostility toward individuals or groups based on SARA. In addition to imprisonment and fines, perpetrators may also be subject to additional criminal provisions under the Indonesian Criminal Code if their conduct fulfills the elements of other general criminal offenses. This study concludes that law enforcement against hate speech on social media requires legal certainty, proportional interpretation, and a balance between freedom of expression and the protection of social order