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Reporting Obligations for Infectious Diseases and Patient Confidentiality in Health Law Agustina, Lina; Vitrianingsih, Yeni; Issalillah, Fayola
Bulletin of Science, Technology and Society Vol 4 No 3 (2025): Bulletin of Science, Technology and Society (November)
Publisher : Metromedia

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Abstract

The law on healthcare workers' duty to report infectious diseases in Indonesia is based on Law No. 17 of 2023 on Health and implementing regulations governing the surveillance system. On the one hand, reporting is required as a tool to prevent and control the spread of diseases that threaten the wider public. On the other hand, the principles of patient confidentiality and personal data protection require that medical information be protected from unauthorized access and use. This article uses a normative juridical approach with qualitative literature study to examine the relationship between reporting obligations and patient privacy rights. Primary legal materials in the form of laws and regulations in the fields of health, medical records, and personal data protection are analyzed together with literature on public health ethics and contemporary bioethics. The results of the analysis show that the reporting obligation is constructed as an imperative public norm, while the confidentiality of medical records and patient personal data is positioned as a private norm that protects the dignity and integrity of individuals. The two are harmonized through clear exceptions, restrictions on the use of data, and the obligation to implement procedures that maintain patient anonymity in the public sphere. This article concludes that national regulations, including the Health Law, implementing regulations, the Minister of Health Regulation on Medical Records, and the Personal Data Protection Law, have normatively provided a legal framework that is relatively balanced between public health interests and patient privacy rights. Operational guidelines and data governance at the health facility level need to be strengthened so that reporting obligations are carried out in accordance with confidentiality protection standards and public health ethics principles.
CONSTRUCTING A CRYPTO ASSET REGULATORY FRAMEWORK: BRIDGING SHARIAH FATWAS AND INDONESIAN POSITIVE LAW Hardyansah, Rommy; Darmawan, Didit; Putra, Arif Rachman; Vitrianingsih, Yeni
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.871

Abstract

This literature study critically examines the intersection between Shariah rulings (fatwas) and positive law regulations concerning crypto assets in Indonesia. The research aims to analyze the methodology of legal derivation (istinbath) used in major fatwas, identify points of convergence and divergence with national regulations, and formulate an integrative regulatory model. Through a qualitative normative analysis of fatwa documents, regulations from the Commodity Futures Trading Regulatory Agency (Bappebti), and related legal frameworks, the study reveals that Shariah rulings predominantly prohibit crypto investment due to dominant elements of gharar (excessive uncertainty), maysir (gambling/speculation), and weak maliyyah (asset legitimacy). In contrast, positive law treats crypto as a tradable commodity under a risk-management framework. The significant divergence lies in the classification of objects and levels of precaution, while convergence exists in the shared goals of consumer protection and market integrity. To bridge this gap, the study proposes a layered model of substantive harmonization. This model involves refining legal classifications to accommodate Shariah utility criteria, establishing an explicit Shariah compliance pathway with certification mechanisms, strengthening risk disclosure standards aligned with Shariah transparency principles, and fostering institutional synergy between financial regulators and Shariah authorities. This approach seeks to align regulatory objectives with core Islamic principles without negating secular governance goals, offering a blueprint for a more ethical and stable crypto asset ecosystem in Muslim-majority jurisdictions.