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Black swan theory: legal policy of the Indonesian national healthcare Budiono, Arief; Absori, Absori; Ngestiningrum, Ayesha Hendriana; Dewi, Elya Kusuma; Nurhayati, Nunik; Arum Prastyanti, Rina; Ibrahim, Alisa
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.16867

The Indonesian National Health Service (NHS) is part of Indonesia’s national social security system. Its implementation is full of problems, such as the rejection of patients, the NHS payment which is lower than the real health cost, sanctions, fines, etc. The Indonesian National Social Security System, especially the NHS services, was established by the state to give social protection to its citizens. The Black Swan Theory is based on the presumption that all swans are white, thus in this case, the Indonesian NHS is truly a program aimed to give social security in the health sector, just as the general conditions of social securities applied in other countries. This research studies this theory to explore the paradoxes which happen in the Indonesian NHS to find the black swan. In this case, the black swan is a paradoxical symbol regarding the regulations and the problems of the Indonesian NHS. This research uses the juridical-doctrinal or the normative method and is descriptive research with a qualitative approach. Based on the Black Swan theory, this research tries to find paradoxical, extreme, and unpredictable discrepancies in the Indonesian NHS. It is found that the Indonesian NHS is a black swan or unpredicted according to black swan theory. The objectives, practices, and regulations of this NHS are truly different from the NHS which is supposed to be given to the Indonesians. It transfers the government’s burden in establishing the health service and the rights of the citizens to the citizens, coupled with the threat of sanctions which is unknown in NHS. The applied Indonesian NHS has an extensive impact on hundreds of millions of Indonesian citizens.

Jurisprudence Analysis Of Ma Verdict No 557/Pdt/2016/Pt.Dki On The Malaysian Ambassador's Land Title Dispute Puspitasari Wardoyo, Nanda; Arum Prastyanti, Rina
Mutiara: Multidiciplinary Scientifict Journal Vol. 2 No. 11 (2024): Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/mutiara.v2i11.266

This research analyzes Supreme Court Decision No. 557/PDT/2016/PT.DKI regarding a land title dispute involving the Government of Malaysia and a number of parties in Indonesia. The dispute stems from a claim over land used as the official residence of the Malaysian Ambassador, which had previously been purchased under a notarial deed in 1971. This study aims to understand the application of law in dispute resolution, as well as the legal implications of this decision for the development of jurisprudence and land law practice in Indonesia. The method used is jurisprudential analysis, focusing on the legal documents and arguments presented during the trial. The results of the analysis show that this decision affirms the importance of legal protection for foreign embassies in accordance with the 1961 Vienna Convention, as well as providing clear guidelines in the settlement of land disputes. The research also found that low public awareness regarding legal land ownership is a major factor in the emergence of disputes. In addition, this study suggests the need to improve the mediation mechanism at the BPN and socialization regarding legal land ownership to reduce future disputes. As such, this research is expected to contribute to a deeper understanding of land law and improve legal certainty in Indonesia, as well as provide practical recommendations for policymakers in managing land disputes.

Analysis Of Land Ownership Disputes By Foreign Nationals Based On Wills: Case Study Of Supreme Court Decision No. 1134/Pdt/2009 In The Perspective Of International Civil Law Putri Dwi Ramadhani, Shahnata; Arum Prastyanti, Rina
Mutiara: Multidiciplinary Scientifict Journal Vol. 2 No. 11 (2024): Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/mutiara.v2i11.268

Land ownership in Indonesia is strictly regulated, especially for foreigners, through the Basic Agrarian Law (UUPA). This legal foundation limits the rights of foreigners in terms of land ownership, especially property rights, according to Article 21 of the UUPA. The case of Supreme Court Decision No. 1134/Pdt/2009 provides a clear example of how the recognition of inheritance rights for foreigners on land can lead to complicated legal issues. The method of this research is normative juridical with a statutory and case approach. This method focuses on the analysis of Supreme Court Decision No. 1134/PDT/2009 on land ownership disputes between citizens and foreigners based on wills. Primary data was obtained through court decisions and related laws and regulations, such as the UUPA, while secondary data was through legal literature, and legal periodicals In Supreme Court Decision No. 1134/Pdt/2009, legal considerations regarding land ownership by foreign nationals (WNA) based on wills are the basis of juridical considerations in the case. one of the basic principles that apply in international civil law is lex situs or the law that applies in the country where the land object is located. Based on the principle of lex situs, any breach or agreement relating to property must be subject to the law of the country where the property is located. According to an analysis of Supreme Court decision No. 1134/Pdt/2009, although foreign nationals can receive land through wills, Indonesian agrarian law explicitly prohibits foreigners from owning land. This creates a conflict between domestic law and the legal principles of international property rights protection. Decision No. 1134/Pdt/2009 became an important reference in Indonesian international civil and agrarian law.

Urgensi Regulasi Penggunaan Kecerdasan Buatan (AI) Dalam Ecommerce Arum Prastyanti, Rina; Mustofa, Khoirul
Jurnal Bedah Hukum Vol. 8 No. 2 (2024): Jurnal Bedah Hukum
Publisher : Fakultas Hukum, Universitas Boyolali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36596/jbh.v8i2.1413

AI influences the facility's algorithm or search engine for a particular product or service. Then it changes the cost and length of lines such as in online transport, which can be detrimental to customers. Not to mention about data security and consumer privacy in the era of frequent cybercrime. In Indonesia, consumers' personal data is spread or sold due to hacking in many e-commerce applications. The juridical-normative method is used in this research to determine consumer protection after the implementation of AI in online businesses. The purpose of this study is to determine the urgency of regulation of the use of artificial intelligence (AI) in e-commerce. And the form of legal protection for consumers of e commerce users. This research uses two approaches: a case approach and a statutory approach, all available data is analysed using qualitative descriptive analysis techniques, Taking into account that the use of AI in Indonesia will not only increase for technological purposes alone, but also in various sectors, existing laws and regulations in the field of technology must be applied to regulate the application of AI in Indonesia. Any new regulation should ensure compliance with existing regulations and adjust to the characteristics of the relevant sectors

Post-Divorce Child Custody Rights in Mixed Marriages: Analysis of Supreme Court Decision Number 804K/Pdt/2016 Galih Nur Rohmah, Fayza; Arum Prastyanti, Rina
Greenation International Journal of Law and Social Sciences Vol. 2 No. 3 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i3.243

The purpose of this study is to help regulate child custody after divorce between couples where one is an Indonesian Citizen (WNI) and the other is a Foreign Citizen (WNA). This study involves juridical to conduct normative legal research. Legislation, court decisions, and related literature are used as data sources. Reviewing, describing, and interpreting the collected data is how qualitative data analysis is carried out. The results of the study indicate that the problems that arise in mixed marriages include the place of divorce lawsuits, child custody disputes, and child citizenship. Indonesian judges use Indonesian national law to resolve child custody issues from mixed divorces. Judges rely on the most important needs of the child.

Jurisprudence Analysis Of Ma Verdict No 557/Pdt/2016/Pt.Dki On The Malaysian Ambassador's Land Title Dispute Puspitasari Wardoyo, Nanda; Arum Prastyanti, Rina
Mutiara: Multidiciplinary Scientifict Journal Vol. 2 No. 11 (2024): Mutiara: Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/mutiara.v2i11.266

This research analyzes Supreme Court Decision No. 557/PDT/2016/PT.DKI regarding a land title dispute involving the Government of Malaysia and a number of parties in Indonesia. The dispute stems from a claim over land used as the official residence of the Malaysian Ambassador, which had previously been purchased under a notarial deed in 1971. This study aims to understand the application of law in dispute resolution, as well as the legal implications of this decision for the development of jurisprudence and land law practice in Indonesia. The method used is jurisprudential analysis, focusing on the legal documents and arguments presented during the trial. The results of the analysis show that this decision affirms the importance of legal protection for foreign embassies in accordance with the 1961 Vienna Convention, as well as providing clear guidelines in the settlement of land disputes. The research also found that low public awareness regarding legal land ownership is a major factor in the emergence of disputes. In addition, this study suggests the need to improve the mediation mechanism at the BPN and socialization regarding legal land ownership to reduce future disputes. As such, this research is expected to contribute to a deeper understanding of land law and improve legal certainty in Indonesia, as well as provide practical recommendations for policymakers in managing land disputes.

Analysis Of Land Ownership Disputes By Foreign Nationals Based On Wills: Case Study Of Supreme Court Decision No. 1134/Pdt/2009 In The Perspective Of International Civil Law Putri Dwi Ramadhani, Shahnata; Arum Prastyanti, Rina
Mutiara: Multidiciplinary Scientifict Journal Vol. 2 No. 11 (2024): Mutiara: Multidiciplinary Scientifict Journal
Publisher : Al Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/mutiara.v2i11.268

Land ownership in Indonesia is strictly regulated, especially for foreigners, through the Basic Agrarian Law (UUPA). This legal foundation limits the rights of foreigners in terms of land ownership, especially property rights, according to Article 21 of the UUPA. The case of Supreme Court Decision No. 1134/Pdt/2009 provides a clear example of how the recognition of inheritance rights for foreigners on land can lead to complicated legal issues. The method of this research is normative juridical with a statutory and case approach. This method focuses on the analysis of Supreme Court Decision No. 1134/PDT/2009 on land ownership disputes between citizens and foreigners based on wills. Primary data was obtained through court decisions and related laws and regulations, such as the UUPA, while secondary data was through legal literature, and legal periodicals In Supreme Court Decision No. 1134/Pdt/2009, legal considerations regarding land ownership by foreign nationals (WNA) based on wills are the basis of juridical considerations in the case. one of the basic principles that apply in international civil law is lex situs or the law that applies in the country where the land object is located. Based on the principle of lex situs, any breach or agreement relating to property must be subject to the law of the country where the property is located. According to an analysis of Supreme Court decision No. 1134/Pdt/2009, although foreign nationals can receive land through wills, Indonesian agrarian law explicitly prohibits foreigners from owning land. This creates a conflict between domestic law and the legal principles of international property rights protection. Decision No. 1134/Pdt/2009 became an important reference in Indonesian international civil and agrarian law.

Legal Protection of Human Rights in the Conflict between Israel and Palestine Madeira Do Carmo, Giovania; Arum Prastyanti, Rina
International Journal of Social Research Vol. 2 No. 6 (2024): Insight : International Journal of Social Research
Publisher : Worldwide Research Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/insight.v2i6.43

This study analyzes the construction of news coverage of the Palestinian-Israeli conflict by NU Online using a framing analysis approach. Focusing on thematic and rhetorical aspects, this study highlights how NU Online influences readers' perceptions through the use of lexicon, details, and coherence in the news text. This research uses a qualitative approach with a constructionism paradigm. Data were obtained through framing analysis of the Zhongdang Pan and Gerald M. Kosicki model, focusing on four framing dimensions: syntax, script, thematic, and rhetorical. The results show that NU Online tends to emphasize the political and colonial aspects of the conflict. This analysis provides insight into how the media shapes complex conflict narratives. It also discusses the dynamics of the conflict between Palestine and Israel and the consensus efforts made through a case study of the 1993 Oslo Peace Agreement. The research highlights the prospects for resolving the conflict, the implications of the peace agreement on the Palestinian people, and the difficulties in implementing the agreement. With a focus on ideological conflicts and territorial rights, this research provides deep insights into the complexity of the Palestinian-Israeli conflict. Legal protection for child victims of war in the perspective of International Humanitarian Law, focusing on the case of Palestinian child prisoners tortured by Israeli soldiers. The article highlights human rights violations, legal protections required for child victims, and sanctions that can be imposed on Israel for violations of International Humanitarian Law.

Perlindungan Hukum Internasional terhadap Anak sebagai Korban Tindak Pidana Perdagangan Orang Vita Sari, Ruli; Arum Prastyanti, Rina
Journal of Comprehensive Science Vol. 3 No. 4 (2024): Journal of Comprehensive Science (JCS)
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jcs.v3i4.664

Berbagai lembaga dan negara di seluruh dunia terus memperhatikan perlindungan hukum internasional terhadap anak-anak yang menjadi korban tindak pidana perdagangan orang. Bagian dari perdagangan orang adalah perdagangan anak, yang melanggar hak asasi manusia dan merendahkan martabat dan integritas korban. Untuk melindungi anak-anak dari perdagangan orang, komunitas internasional telah mengadopsi berbagai instrumen hukum. Abstrak ini membahas konvensi, protokol, dan kebijakan utama yang digunakan oleh organisasi internasional dan regional. Selain itu, analisis ini mencakup saran untuk meningkatkan perlindungan terhadap anak-anak yang menjadi korban perdagangan orang serta kendala dalam pelaksanaan hukum tersebut.

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