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All Journal Jurnal Pranata Hukum Jurnal Akta Syntax Literate: Jurnal Ilmiah Indonesia Al-Adalah: Jurnal Hukum dan Politik Islam Hanifiya: Jurnal Studi Agama-Agama INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) Jurnal Kesehatan Tambusai Jurnal Ekonomi Case Law Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Jurnal Ilmu Multidisplin Journal of Artificial Intelligence and Digital Business Research Horizon Jurnal Ilmiah Multidisiplin Indonesia RechtIdee Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Asep Sapsudin
Universitas Islam Nusantara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Journal : Research Horizon

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Comparative Review of Informed Consent as a Legal Safeguard in Healthcare: Perspectives from Indonesia and Others Countries Firma, Fuji Restu; Jusri, Elim; Sapsudin, Asep
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.717

Abstract

Informed consent serves as a fundamental ethical and legal mechanism to uphold patient autonomy and safeguard against medical malpractice. This evolving concept provides an opportunity to assess the weaknesses and effectiveness of informed consent mechanisms as a form of legal protection in Indonesia, particularly in comparison to the legal systems of other countries. This paper aims to compare the role of informed consent as a legal safeguard in healthcare services in Indonesia and other countries. This study employed a comparative legal research method using both normative-comparative and functional approaches, supported by literature searches across four major electronic databases. The included materials consist of peer-reviewed empirical studies, legal analyses, policy reports, and case studies. In Indonesia, informed consent is governed by various legal instruments, including the newly enacted Law No. 17 of 2023. However, implementation faces challenges related to cultural values, paternalistic practices, and limited health literacy. In comparison, systems in the UK, Germany, and the US emphasize individual autonomy and standardized documentation, whereas Indonesia continues to struggle with systemic and socio-cultural barriers that compromise consent quality. In many developing countries, collective decision-making norms and resource constraints further hinder compliance with international standards. Meanwhile, developed countries face challenges related to complexity, variability in practice, and the influence of advanced technologies on patient comprehension. Informed consent is a vital legal instrument in healthcare, but its implementation is heavily influenced by the legal structure, cultural context, and institutional capacity of each country. A culturally adaptive approach to informed consent, alongside capacity strengthening, simplification of informational materials, and the use of communication technologies, is essential to ensure ethically sound and legally effective patient protection.
Legal Protection for Doctors Under Law Number 17 of 2023 Concerning Health Tamon, Oktavian; Setiawan, Eko Wahyuddin; Sapsudin, Asep
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.720

Abstract

The security and safety of doctors is a serious concern in the health sector, especially after the occurrence of various violence against health workers. This issue has become increasingly important with the new Health Law, which is expected to provide stronger legal protection for doctors in carrying out their professional duties. This study aims to examine how legal protection for doctors is regulated in the new regulation and identify whether the protection is sufficient to ensure a sense of security at work. This research uses a normative juridical method with a statutory approach and a case approach. Data collection techniques were carried out through literature study of legal documents, laws and regulations, and relevant court decisions. Data analysis was conducted qualitatively with a descriptive-analytical approach. The findings indicate that the new Health Law contains several important provisions regarding legal protection for doctors, but there are still some legal gaps and weaknesses in implementation in the field. Therefore, it is recommended that the government strengthen legal protection mechanisms and clarify law enforcement procedures in cases of violence against doctors in order to create a safe and conducive work environment.
Legal Issues in Limiting Authority of Health Professional Organizations After Indonesia’s 2023 Health Law Enactment Rahman, Fauzi; Margaretha; Sapsudin, Asep
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.704

Abstract

The enactment of Law Number 17 of 2023 on Health has raised significant concerns regarding its implications for the role and authority of health professional organizations in Indonesia. This new law is perceived as failing to uphold the functions previously guaranteed under earlier health-related regulations. This study aims to examine the legal challenges arising from the reduction of authority granted to Indonesian health professional organizations following the enactment of the Omnibus Health Law Number 17 of 2023, as well as its impact on their legal status and functional authority. Using a normative legal approach, this research applies statutory and conceptual methods, relying on both primary and secondary legal materials. The findings reveal that the diminished authority of health professional organizations has weakened their regulatory capacity, disrupted standard-setting mechanisms, and created institutional fragmentation. This condition hinders effective professional oversight and threatens public health protections. The legal restructuring introduced by the new Health Law undermines the coherent role of health professional organizations and necessitates future legal clarification or revision.
Regulation of Ethical Aspects of Electronic Medical Records in Indonesia’s Positive Law and Implementation in Hospitals Prajany, Joshua Jonah; Silitonga, Lamria; Sapsudin, Asep
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.706

Abstract

The transformation of medical records into electronic form through Minister of Health Regulation Number 24 of 2022 aims to enhance healthcare service systems based on the principles of data security and confidentiality. However, the implementation of Electronic Medical Records (EMR) requires more than technical readiness; it must also adhere to core medical ethics principles, including autonomy, privacy or confidentiality, integrity, authentication, availability, access control, and non-repudiation. This study aims to analyze how these ethical principles are regulated and implemented in Indonesian hospitals. Using a normative legal research method with a statutory approach, this study examines relevant laws and regulations along with literature from scientific publications between 2020 and 2025. The findings reveal that although the regulation of EMR ethics is relatively comprehensive, its practical application remains limited. Key issues include the absence of specific SOPs, insufficient technological capacity, and limited attention to patient autonomy. While many hospitals share basic RME features such as login access, integration, and data backup, only some adopt advanced security measures like auto log-off or electronic signatures. This study concludes with recommendations to harmonize regulations with field practices, improve data protection, and ensure equitable technological infrastructure for sustainable EMR implementation in Indonesia.
Polemic of Passenger Luggage Import Policy: Impact Analysis, Implementation, and Legal Challenges in Indonesia Sapsudin, Asep; Agustin, Hilma Aulia; Gumay, Febrianti
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.724

Abstract

Indonesia’s passenger luggage import policy has sparked public debate due to its impact on economic stability and compliance. This study aims to analyze the implementation, impacts, and legal challenges of the policy regulating goods brought by passengers and migrant workers. A normative legal approach was used to examine the legal framework, while an empirical approach involved interviews with customs officers and migrant workers, alongside analysis of customs declaration data from March to June 2024. The findings reveal that the policy streamlines customs processes and increases state revenue through duties, with monthly collections rising by approximately 10%. However, it faces challenges, including inconsistent enforcement, public unawareness of duty-free limits, and increased costs for small businesses reliant on imported goods. Interviews indicate that 60% of migrant workers were unaware of the regulations, contributing to compliance issues. The policy supports domestic industries but risks trade tensions with partner countries. In conclusion, while the policy enhances economic protection, it requires improved public awareness campaigns and enforcement mechanisms to address legal uncertainties and minimize negative impacts on small businesses, ensuring a balance between economic benefits and fair implementation for stakeholders.
Criminal and Civil Responsibility of Hospital for Negligence of Nurses Who Inject Wrong Medicine Dewangga, Ridho Cahya; Parikesit, Kiagus Handrian; Sapsudin, Asep
Research Horizon Vol. 5 No. 5 (2025): Research Horizon - October 2025
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.5.2025.744

Abstract

Medical negligence, especially nursing errors in administering drugs, can have serious impacts on patients and give rise to legal liability. This research aims to analyze the forms of criminal and civil liability of hospitals for negligence committed by nurses. Using a qualitative approach, this research collected data through in-depth interviews with health legal experts, medical practitioners, and related legal documentation. The research results show that nurse negligence can be subject to criminal sanctions in accordance with the Criminal Code if it causes injury or death to a patient. On the other hand, hospitals as institutions are civilly responsible based on the doctrine of vicarious liability, where hospitals can be asked for compensation for mistakes made by medical personnel. Determination of liability is influenced by various factors, including error rates, compliance with standard operating procedures, and internal hospital policies. This research makes an important contribution to understanding the legal dimensions of medical negligence and offers recommendations for strengthening regulations and safer medical practices.  
Implementation of Health Law at a Remote Community Health Center in Indonesia: Challenges and Strategies Priyanto, Priyanto; Satrio, Andri Putro; Asep Sapsudin
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.861

Abstract

Community health centers serve as the frontline of primary health care in Indonesia, yet their ability to deliver quality services in remote areas is often limited by gaps between legal mandates and daily practice. This study examines the implementation of health law at Health Center, and identifies practical strategies to improve service quality and legal compliance. The research combined juridical-normative analysis of relevant national laws and regulations with empirical data collected through observation, in-depth interviews with the head of the health center, staff, and patients, and document review at the health center. Thematic analysis was applied to assess alignment between legal standards and actual practice. Findings reveal that the health center consistently applies standard operating procedures, maintains active promotive-preventive-curative-rehabilitative programs, and provides accessible complaint mechanisms. However, persistent personnel shortages, inadequate infrastructure, and low legal awareness among staff and community members continue to hinder full compliance with minimum service standards. Management responds through regular internal training, gradual infrastructure improvement using operational funds, and cross-sectoral collaboration with local leaders and village cadres. These efforts demonstrate that service quality in remote areas can be strengthened through continuous capacity building and community involvement.
Legal Protection and Accountability of Nurses Performing Delegated Medical Actions in Remote Government Health Services Atmaja, Deni; Sapsudin, Asep
Research Horizon Vol. 6 No. 1 (2026): Research Horizon - February 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.1.2026.899

Abstract

In remote Indonesian islands with scarce doctors, nurses often perform physician-level medical procedures to maintain urgent patient care. These necessary actions expose them to legal risks if viewed as exceeding their authority. This study examines legal protection and accountability for nurses undertaking such tasks under government duties at a regional general hospital in a remote island setting. The research maps existing legal safeguards for nurses and the forms of responsibility they hold under Indonesian law. A qualitative study combined normative legal analysis with empirical field data from all thirty-six nurses, using questionnaires, interviews, observations, and document review. Descriptive analysis contrasted legal standards with actual practice. Nurses show reasonable awareness of basic legal foundations and hospital tools like standard operating procedures and delegated authority. However, delegation is frequently undocumented, competency checks are irregular, and understanding of dispute safeguards is limited. Accountability is well-defined across administrative, civil, and criminal levels, yet practical administrative support remains inconsistent. Stronger regional policies, regular legal training, mandatory written delegations, and accessible legal assistance are urgently needed to reduce vulnerability, build confidence, and ensure safer, more equitable healthcare in isolated areas.
Harmonizing Regional and National Regulations to Accelerate Stunting Reduction in Gowa Regency Widyansyah, Aliffiani; Sapsudin, Asep
Research Horizon Vol. 6 No. 1 (2026): Research Horizon - February 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.1.2026.1058

Abstract

Stunting remains a serious public health problem in Indonesia, affecting children’s physical growth, cognitive development, and long-term productivity. The central government issued Presidential Regulation No. 72 of 2021 on the Acceleration of Stunting Reduction, targeting a national prevalence rate of 14% by 2024. However, a gap persists between das sollen (normative regulation) and das sein (implementation reality), where local governments face challenges such as limited budgets, weak cross-sectoral coordination, and suboptimal institutional capacity. Gowa Regency, as one of the priority loci for stunting reduction, is essential to study in the context of synchronization between national and local regulations. The main problem addressed in this study is the suboptimal synchronization between national and local regulations in accelerating stunting reduction in Gowa Regency. This condition leads to inconsistencies between national policy directions and program implementation at the local level, potentially hindering the achievement of national targets. This study aims to assess the alignment between Presidential Regulation No. 72 of 2021 and Gowa Regent Regulation No. 5 of 2023 using a normative juridical method with vertical and horizontal synchronization approaches. The results indicate that the synchronization of regulations in Gowa Regency is high in normative aspects but remains limited in technical implementation. Although stunting prevalence decreased from 33% in 2022 to 17% in 2024, the figure remains above the national target. The study suggests strengthening adaptive synchronization through cross-sectoral data integration, performance-based budgeting, and institutional capacity enhancement to accelerate sustainable stunting reduction.
Co-Authors Abda Abda Abdullah, Merwan Agustin, Hilma Aulia Agustina, Amelia Anindya Putri Permatasari, Anindya Putri Arfiyah, Gemah Ariyanto, Cepi Asmaidar Asmaidar Aswan Atmaja, Deni Auliansyah, Dicky Dadang Kusdinar Daniyati, Nuryahyania Deden Ardiansyah Dewangga, Ridho Cahya Dilaga, Ramadhani Kurnia Ekarini, Dessy Faisal Adam, Faisal Fariska, Nurshela Fauzi Rahman Firma, Fuji Restu Fitria Fitria Giman, Anggit Wicaksono Ginting, Dedy Gunawan Gumay, Febrianti Hamdi, Fakhri Hendri Abdul Qohar Hertanto, Yudhi IRMA DEWI Jafar, Faozi Jollis Jusri, Elim Karunia, Cindy Armelia Korompot, Sitti Nariman Kristianti, Nunul Lismiati, Iseu Maisyaroh, Sitti Mansyur, Suriyani Mardianti, Alis Margaretha Meirianna, Esa Susanthy Mikael Tonni S Mohamad Dindin Hamam Sidik Muhafid, Muhafid Muhamad Ramdani Muhammad Rifani, Muhammad Muhammad Yusuf Nobel, Raden Muhammad Parikesit, Kiagus Handrian Patriajaya, Bianda Adeti Prajany, Joshua Jonah Pratama, Perdana Akbar Priyanto Priyanto Purawijaya, Handrian Rahman Putri, Mega Amanda R. Arif Hermawan Rahmat, Sandy Marzuqi Respati, H. Radea Rubiyanti, Dora Sandiyana Kertawijaya Sari, Sabrina Nuraini Sartono Sartono, Sartono Satrio, Andri Putro Setiawan, Eko Wahyuddin Silitonga, Lamria Suade, Nella Septyani Sukmajaya, Lusiana Pratiwi Tamon, Oktavian Triana, Gallant Akmal Wibisono, Muhammad Yusuf Widyansyah, Aliffiani Wildan Wildan Yanuar, Ferdian Yuyut Prayuti Zahrah, Halimah