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All Journal JHCLS Journal of Sustainable Development and Regulatory Issues Justice Dialectical
Rahimah Embong
Unknown Affiliation
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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Legal Issues of Health Frontier in Two Countries: Challenges from Indonesia and Singapore Murdi, Patria Bayu; Rahimah Embong
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i3.51

Abstract

Foreign medical personnel are needed to overcome the challenges of a shortage of medical personnel. However, the current issue lies in the ineffective regulations governing foreign medical personnel in Indonesia, which hinder the country's ability to enhance its health services. This research aims to conduct a comparative study with Singapore, which has superior health services, to examine the use of foreign medical personnel in improving the quality of health services in Indonesia. This research uses normative juridical research, employing a conceptual, statutory, and comparative approach. The research results show that, first, the utilization of foreign medical personnel in Indonesia has not been able to improve the quality of health services in Indonesia due to weaknesses in legal structure in the supervision and licensing process, the substance of regulations that do not yet provide legal protection and the condition of the Indonesian people who are not yet able to use such personnel foreign medical. Second, the Singapore government's mechanism for utilizing foreign medical personnel is easy and successful. Singapore strategically utilization foreign medical personnel to meet its healthcare needs. In addition, foreign medical personnel have several rights, including a basic salary and monthly allowances, health insurance, and income tax, which are not deducted from their pay. Therefore, Indonesia needs to adopt a policy system that is not limited to lex generalis but also becomes a guide that provides certainty in law enforcement and is not just a reference or boundary line for derivative regulations.
The Impact of Human Rights Principles on the Criminal Act of Caning: Asymmetric Decentralization Insight Prasetyo, Dedy Ardian; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.528

Abstract

The implementation of caning punishment in Aceh highlights the challenges of balancing regional autonomy with national and international human rights obligations. This study examines the extent to which human rights principles influence the execution of caning punishment within an asymmetric decentralized system. Using a normative juridical methodology, the research incorporates conceptual, legislative, and comparative approaches. A key comparison is drawn between the implementation of caning in Aceh, Indonesia, and Malaysia, where sharia law also informs the legal system. The findings reveal that caning in Aceh is often excessive, discriminatory, and perpetuates a culture of violence. Unlike Malaysia, where caning is conducted privately within prison facilities to protect the dignity of the accused, Aceh carries out the punishment publicly, emphasizing deterrence and transparency. The study underscores the need for reform, including stricter oversight, alternative rehabilitative punishments such as social work or legal education, and enhanced public and legal awareness of the balance between sharia law and human rights. By adopting a more regulated approach, Aceh can uphold its cultural and religious identity while aligning with human rights standards, ultimately improving Indonesia’s international reputation and fostering a more just and humane legal system.
The Reduction of Criminal Justice Policy in Indonesia: Justice versus Virality Muhammad, Rustamaji; Shalih Mangara Sitompul; Tojiboyev Sarvar Zafarovich; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.637

Abstract

The phenomenon of virality on social media has had a significant impact on the criminal justice system in Indonesia. Digital public pressure can influence the speed and direction of law enforcement, even shifting fundamental principles such as the principles of legality, equality before the law, and due process of law. This study aims to analyze how virality influences criminal justice policy, identify forms of reduction and erosion of criminal law policy, and formulate a balanced approach between legal justice and digital public pressure. This study uses a normative juridical method with three approaches: a legislative approach, a conceptual approach, and a comparative approach. The results show, first, that virality has shifted the orientation of law enforcement in Indonesia, with viral cases such as those involving Ferdy Sambo and Mario Dandy being processed more quickly due to public pressure, rather than legal urgency. Second, this condition indicates a severe reduction in the principles of legality, equality, and due process, exacerbated by ad hoc legislation and reactive executive intervention. Third, while digital publics can promote accountability, Indonesia needs institutional strategies to balance these pressures without compromising legal integrity. Recommendations include reforming legal education based on digital literacy, establishing digital response units within law enforcement agencies, and strengthening media regulations to prevent trial by media. Indonesia needs to restructure its criminal justice policy so that it remains based on constitutional values and the principles of the rule of law, rather than being driven by popularity in the digital space.
The Politics of Prosecutorial Independence in Anti-Corruption Policy Febridiansyah, Febridiansyah; Sugeng Riyanto; Rahimah Embong; Amir Firmansyah
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.68

Abstract

The independence of the Attorney General’s Office in Indonesia remains weak due to persistent political influence, as the Attorney General is appointed by the President. Despite reform initiatives since 2000, including the establishment of reform teams, these efforts have yet to create a professional and independent institution, particularly in the prosecution of corruption. This study analyzes the institutional position of the Prosecutor’s Office and propose new legal policy directions to enhance its independence in combating corruption. Using a normative legal method with statutory and comparative approaches, the research examines prosecutorial systems in various countries to identify best practices. The findings reveal that prosecutors' law permits executive intervention because of the absence of clear constitutional provisions defining the Attorney General’s Office. Its ambiguous status between the executive and judiciary weakens professionalism and accountability. Therefore, a constitutional amendment is necessary to establish the Prosecutor’s Office as an independent state institution, with explicit regulations on its authority, accountability, appointment and dismissal procedures, and qualifications and tenure of the Attorney General. Strengthening the Prosecutor’s role as dominus litis within an integrated justice system also requires enhancing transparency, public participation, reforming internal legal culture, and adopting international best practices.
Co-Authors Amir Firmansyah Dedy Ardian Prasetyo Febridiansyah, Febridiansyah Muhammad, Rustamaji Murdi, Patria Bayu Shalih Mangara Sitompul Sugeng Riyanto Tojiboyev Sarvar Zafarovich