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All Journal Substantive Justice International Journal of Law HORIZON PUBLIC LEGAL STUDIES
Ma'ruf, Tri Abriana
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Law, Crime, Criminology & Criminal Justice

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Unincorporated Merchant: How Does the Law Protect Consumers in Electronic Commerce? Buana, Andika Prawira; Ating, Rashid; Ma'ruf, Tri Abriana
Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i1.238

Abstract

Currently, electronic commerce (e-commerce) is a platform that allows merchants and consumers to easily conduct online transactions. Nonetheless, there are a lot of e-commerce business actors who do not yet have legal entity status. The purpose of this research is to discover and examine rules pertaining to e-commerce merchants who are not incorporated, as well as what portions of consumer legal protection are available to consumers. This doctrinal legal research uses statutory and conceptual approaches. The results of the study show that regulatory provisions for e-commerce business actors who are required to be legal entities (incorporated) have been contained in regulations issued by the Minister of Trade, while e-commerce business actors who are not legal entities are regulated in various regulations such as the Law on Electronic Information and Transactions, the Consumer Protection Act, and the Trade Quiet Act. However, the regulation does not explicitly contain e-commerce obligations for legal entities. In fact, the legality of business actors is highly recommended because it guarantees legal protection for consumers if they experience losses in the future. In addition, it is also a potential source of income for countries with tax schemes. Based on this, it is suggested that the government immediately draw up specific regulations so that every e-commerce business actor is not given any other choice but to have a legal entity. It is also necessary to stipulate strict sanctions against unincorporated business actors and result in losses to consumers.
Criminal Act of Misuse of Patient Medical Data Against Health Insurance Aziilah, Sukaina; Fauzi Ramadhan, Muhammad; Ma'ruf, Tri Abriana
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/xg3ptf55

Abstract

This study This study aims to analyze the criminal misuse of patient medical data in the context of health insurance in Indonesia, which is a crucial issue in protecting individual privacy rights. In practice, misuse of medical data is not uncommon, both directly and indirectly, which can harm patients physically, psychologically, and financially. This study uses a normative juridical approach by examining the applicable legal framework, combined with case studies as an empirical approach to assess how the law is implemented in the field. The results show that although a legal framework governing medical data protection exists, its implementation still faces various challenges, such as weak oversight, low legal literacy among data holders, and the absence of a firm and effective sanction mechanism. This study provides several strategic recommendations to strengthen legal protection for patient medical data, including through regulatory harmonization, increased oversight, education for stakeholders, and the establishment of an independent supervisory body authorized to protect personal data in the health and insurance sectors.
Co-Authors Ating, Rashid Aziilah, Sukaina Buana, Andika Prawira Fauzi Ramadhan, Muhammad