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All Journal Greenation International Journal of Law and Social Sciences
Niken Budi Setyawati
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Legal Regulation on the Use of Clinical DNA Tests as Evidence in Criminal Accountability in Indonesia Niken Budi Setyawati; Zudan Arief Fakrulloh
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.418

Abstract

Clinical DNA testing as evidence in criminal liability is increasingly relevant along with the development of forensic technology. However, the criminal procedure law system in Indonesia, as regulated in the Criminal Procedure Code (Law No. 8 of 1981), has not explicitly accommodated the position of DNA testing as independent evidence. The use of DNA so far can only be categorized in expert testimony, which has raised debate regarding its evidentiary strength. Meanwhile, clinical DNA testing is also closely related to human rights protection, especially genetic privacy, as regulated in Law No. 27 of 2022 concerning Personal Data Protection. By referring to the latest Health Law (Law No. 17 of 2023) and developments in international practice, specific regulations on procedures, validity of results, and protection of DNA data are very urgent to avoid judicial errors and misuse of scientific evidence. This study uses a normative legal method with a statutory and conceptual approach. The results indicate that there is a need for an update to criminal procedure law to recognize clinical DNA testing as separate evidence while ensuring strict procedural standards. Thus, using scientific evidence can provide optimal contributions to the enforcement of criminal justice in Indonesia without ignoring the basic rights of individuals.
The Complexity Of Health Professional Ethics From A Legal And Regulatory Perspective Niken Budi Setyawati; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.503

Abstract

Professional health ethics plays a crucial role in guiding medical personnel to provide healthcare services based on integrity, responsibility, and concern for patient well-being. The principles of medical ethics, such as beneficence, non-maleficence, autonomy, and justice, serve as primary guidelines for interactions between medical personnel and patients and for medical decision-making. While professional health codes of ethics serve as moral and professional standards, their existence is inextricably linked to legal regulations that more strictly regulate medical practice, with clear legal consequences for violations. However, in practice, conflicts often arise between adherence to codes of ethics and adherence to the law, for example, in cases of respecting patient rights versus the legal obligation to save lives, or maintaining patient confidentiality versus the legal obligation to report specific cases. Other challenges in enforcing professional health ethics include overlapping codes of ethics and legal regulations, weak oversight mechanisms, and difficulties in adapting to evolving medical technology and innovation. Therefore, a clear harmonization of professional ethics and legal regulations, along with effective oversight, is necessary to ensure medical personnel can carry out their duties professionally without compromising moral standards and legal protection for patients.
Co-Authors KMS Herman Zudan Arief Fakrulloh