Claim Missing Document
Check
Articles

Found 21 Documents
Search

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
Publisher : LifeSciFi

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
Publisher : LifeSciFi

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.  
What Is The Process Of Resolving Disputes In International Business Law? Respati, H. Radea; Sapsudin, Asep
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v9i1.6030

Abstract

The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.
Pancasila in the Perception and Practice of Religious-Based University Students in Bandung Sapsudin, Asep; Wibisono, Muhammad Yusuf
Hanifiya: Jurnal Studi Agama-Agama Vol. 7 No. 1 (2024): Hanifiya: Jurnal Studi Agama-Agama
Publisher : Program Studi Studi Agama-Agama Pascasarjana UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/hanifiya.v7i1.34528

Abstract

Pancasila is the ideological guideline of the Indonesian state. As a philosophical foundation, Pancasila is a guideline for civic behavior. Religious pluralism is a challenge that must be answered by Pancasila which is practiced in the lives of Indonesian society. As part of society who must participate in the development of state ideology, students are an important part in the practice of Pancasila. By taking samples from Theology students, this study compares how Pancasila is perceived both from a cognitive and practical perspective by Catholic students at Parahyangan Catholic University (UNPAR) and Islamic students at Sunan Gunung Djati State Islamic University (UIN). Both universities are in Bandung, which is a big city inhabited by followers of various religions. The study was carried out using a qualitative and descriptive approach to the students by observation, interviews and documentation studies from the two groups of theology students. The analysis is carried out using an interactive model, which consists of data interpretation, data classification, inference and data presentation activities. The advantage of this model is that it can be taken back from the field if something is still not perfect. The theoretical analysis is based on the theory of political participation and the theory of ideological perception and practice. The research results show that Indonesia's basic philosophical framework, developed differently among Islamic and Catholic students, shows the intersection between religious beliefs and national ideology. Islamic students often explore the complex relationship between Islamic principles and the secular nature of Pancasila. Although divinity is in line with Islamic monotheism, interpretations of the ideals of democracy and social justice within the Pancasila framework can vary. Some Islamic students participate actively in societal processes, contributing to democratic values, but there are differing discussions regarding the compatibility of certain Pancasila principles with Islamic teachings. On the other hand, Catholic students approach implementing Pancasila by emphasizing ethical and moral values that are in accordance with the teachings of their religion. Social justice, which is a core principle of Pancasila, is in line with Catholic doctrine, thereby encouraging Catholic students to get involved in initiatives that address social inequality. Both Islamic and Catholic students contribute to the implementation of Pancasila in their unique ways. However, they show that the principles of Pancasila can become a common foundation for religious communities in Indonesia. The variety of ways these students navigate its application reflects Pancasila's ability to accommodate diverse religious perspectives and contribute to Indonesia's collective identity. The political participation of students of different religions can have a significant impact on the development of the state ideology of Pancasila. Students feel it is important to understand and uphold the Pancasila ideology to become politically mature citizens and contribute to building a democratic political system. Efforts to curb the politicization of religion and encourage interfaith dialogue are very important to uphold the Pancasila ideology in Indonesia.
Constitutional Law Reform to Realize Inclusive Higher Education for Persons with Disabilities Sapsudin, Asep; Qohar, Hendri Abdul
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.40699

Abstract

Inclusive and equitable higher education is an urgency that cannot be overlooked, especially in efforts to guarantee the human rights of persons with disabilities. Legal reform is essential to create an educational environment that supports equal access, as mandated by Law No. 8 of 2016 and Government Regulation No. 13 of 2020. The persistent barriers, such as physical, social, and non-adaptive curricula, lead to inequitable access for persons with disabilities in higher education institutions. This reform is not only crucial to protect their rights but also to encourage their participation in broader social and economic development. This study aims to analyze the implementation of legal reform policies in creating inclusive access to higher education for persons with disabilities, as well as to identify the challenges still faced. The research employs a normative juridical method. The study finds that constitutional legal reform in Indonesia aims to ensure equal access to higher education for persons with disabilities through inclusive and non-discriminatory policies. Through regulations such as Law No. 8 of 2016 and Government Regulation No. 13 of 2020, the state is committed to providing disability-friendly facilities and adaptive curricula. This approach ensures that the rights of persons with disabilities are protected, allowing them to fully participate in higher education.
Etika Profesional dan Tanggung Jawab Hukum Dokter di Era Kecerdasan Buatan: Kajian Filsafat Hukum terhadap Relasi Manusia–Teknologi (AI) dalam Diagnostik Medis Kristianti, Nunul; Ardiansyah, Deden; Putri, Mega Amanda; Yanuar, Ferdian; Parman, Parman; Sapsudin, Asep
RIGGS: Journal of Artificial Intelligence and Digital Business Vol. 4 No. 4 (2026): November - January
Publisher : Prodi Bisnis Digital Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/riggs.v4i4.3540

Abstract

Perkembangan kecerdasan buatan (AI) dalam kedokteran telah mengubah paradigma hubungan antara dokter, pasien, dan teknologi digital. Sistem berbasis algoritma kini mampu melakukan analisis diagnostik dengan akurasi tinggi, mendukung pengambilan keputusan klinis, dan meningkatkan efisiensi pelayanan. Namun, kemajuan ini sekaligus menimbulkan persoalan baru dalam etika profesional, otoritas medis, serta batas tanggung jawab hukum dokter. Kajian ini menggunakan pendekatan filsafat hukum normatif-reflektif untuk menelaah pergeseran peran dokter di era digital, dengan mengkaji pemikiran para filsuf seperti Aquinas mengenai hukum moral, Grotius dan Locke tentang rasionalitas dan keadilan, Hobbes terkait kewenangan dan tanggung jawab, serta Kant mengenai otonomi dan imperatif moral. Selain itu, gagasan Heidegger tentang teknologi sebagai enframing dan pandangan Habermas mengenai tindakan komunikatif digunakan untuk memahami relasi manusia–teknologi secara lebih mendalam. Hasil analisis menunjukkan bahwa meskipun AI mampu meniru proses berpikir rasional dan memberikan rekomendasi klinis yang canggih, teknologi tersebut tidak memiliki kesadaran moral, niat, maupun kapasitas pertanggungjawaban. Dengan demikian, AI tidak dapat diposisikan sebagai subjek hukum atau pemikul kewajiban etik. Tanggung jawab etik dan yuridis tetap berada pada dokter sebagai aktor profesional yang membuat keputusan akhir dalam tindakan medis—termasuk ketika keputusan tersebut dipengaruhi oleh output sistem AI. Oleh karena itu, diperlukan pembaruan regulasi dan revisi Kode Etik Kedokteran Indonesia untuk mengakomodasi penggunaan teknologi cerdas, dengan menegaskan prinsip human-centered accountability, transparansi algoritmik, keadilan, serta perlindungan pasien. Kesimpulannya, AI dapat memperkuat kompetensi klinis dokter, tetapi tidak dapat menggantikan tanggung jawab moral, empati, dan penilaian profesional yang menjadi landasan hakiki profesi kedokteran
Law Enforcement Professional Ethics: An Analysis of Legal Philosophy on Morality and Integrity in Law Enforcement Practice Hamdi, Fakhri; Hertanto, Yudhi; Karunia, Cindy Armelia; Daniyati, Nuryahyania; Sapsudin, Asep
Jurnal Ilmiah Multidisiplin Indonesia (JIM-ID) Vol. 4 No. 11 (2025): Jurnal Ilmiah Multidisplin Indonesia (JIM-ID) , 2025
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Professional ethics are a fundamental pillar in maintaining the integrity and public trust in law enforcement agencies. This article aims to analyze the morality and ethical obligations of law enforcement through a legal philosophy approach, particularly through Immanuel Kant's theory of morality, John Rawls's concept of justice, and Lon Fuller's principle of legal internal morality. Using normative-philosophical research methods, this study examines the relationship between moral values, legal norms, and the practice of the law enforcement profession in Indonesia. The results of the analysis show that integrity, honesty, and impartiality are not only demands of the code of ethics, but also a manifestation of the legal morality that underlies the legitimacy of law enforcement actions. This article asserts that without a strong moral foundation, the law loses its value of justice and is incapable of carrying out its social functions. Thus, professional ethics are a primary requirement for creating a fair and humane legal system.