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All Journal Logika : Jurnal Penelitian Universitas Kuningan Jurnal Civicus Jurnal Akta Jurnal Bina Mulia Hukum Humani (Hukum dan Masyarakat Madani) Jurnal Hukum Respublica Undang: Jurnal Hukum DE'RECHTSSTAAT Legal Standing : Jurnal Ilmu Hukum Unes Law Review ADLIYA: Jurnal Hukum dan Kemanusiaan Jurnal Simbur Cahaya Jurnal Ilmiah Dunia Hukum Khazanah Hukum Res Nullius Law Journal Jurnal Pengabdian kepada Masyarakat Nusantara JCIC: Jurnal CIC Lembaga Riset dan Konsultan Sosial Jurnal Perempuan dan Anak Indonesia VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan Pemuliaan Hukum Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi International Journal of Ethno-Sciences and Education Research Alfuad: Jurnal Sosial Keagamaan Media Nusantara Journal of Law, Poliitic and Humanities Reformasi Hukum Research Horizon Prosiding SEMNAS INOTEK (Seminar Nasional Inovasi Teknologi) RechtIdee Jurnal Keadilan Pemilu Alfuad: Jurnal Sosial Keagamaan Jurnal Legislasi Indonesia
Ahmad Jamaludin
Fakultas Hukum Universitas Islam Nusantara
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Journal : Research Horizon

 1 
Legal Accountability and Policy Gaps in Social Engineering-Based Phishing Cybercrimes Purwadi; Makhfud, Mukhamad; Jamaludin, Ahmad
Research Horizon Vol. 5 No. 3 (2025): Research Horizon - June 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.3.2025.580

Abstract

Social engineering-based phishing is increasingly rampant in Indonesia, exploiting victims' psychological weaknesses to access illegal and spread false information. The main legal problem is the imperfection of regulations, such as the ITE Law and the Criminal Code, which do not accommodate the psychological manipulation aspect of this crime. This study aims to identify regulatory gaps related to the legal responsibility of phishing perpetrators and the effectiveness of regulations in dealing with this crime. The method used is normative juridical, with analysis of laws and regulations, literature studies, and reviews of court decisions. The findings show that the ITE Law focuses more on technical-based crimes, while the psychological aspect of phishing has not been explicitly regulated. failed to prove the perpetrator's intent (dolus) is an obstacle to law enforcement. The implication of this study is the need to revise the ITE Law to expand the scope of "illegal access" and integration with the Personal Data Protection Law (PDP Law). This reform is expected to improve legal protection for victims and strengthen the effectiveness of law enforcement against cybercriminals.
Legal Responsibility of Health Professionals in Protecting Patient Data Lakoro, Danny Des Kartyko; Jumrati; Jamaludin, Ahmad
Research Horizon Vol. 5 No. 3 (2025): Research Horizon - June 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.3.2025.657

Abstract

The protection of patient health data confidentiality is a fundamental aspect of the healthcare system, aimed at maintaining individual privacy rights. However, many medical data breaches still occur, posing risks to patients socially, psychologically, and legally. Therefore, regulations regarding healthcare professionals' obligations to maintain patient medical information have been clarified in Law No. 17 of 2023 on Health and the Code of Ethics for Health Professionals. This study examines the legal responsibility of healthcare professionals in maintaining patient health confidentiality and evaluates the obstacles and legal efforts made to enforce these regulations. The study uses a normative legal method by studying laws, legal concepts, and cases. Data were collected through a literature search that examined laws, legal books, and court decisions related to medical confidentiality breaches. This study found that regulations have clearly defined the obligations of healthcare professionals in maintaining patient medical data confidentiality. However, the implementation in the field still faces various obstacles, such as a lack of understanding among healthcare professionals regarding regulations, weak supervision systems, and challenges in enforcing the law for violators. Existing regulations have established severe sanctions for medical confidentiality breaches, but their effectiveness still needs to be strengthened through increased education for healthcare professionals, enhanced data security infrastructure, and more consistent monitoring and law enforcement.
Optimizing Prisoner Care Services by Enhancing Police Performance in Indonesian National Police Detention Centers Tua, Rolando; Rizali, Deden Fajar; Jamaludin, Ahmad
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.5.4.2025.745

Abstract

The National Police is a state apparatus responsible for maintaining public security and order, enforcing the law, and providing protection and services to the community. This study aims to explore the optimization of prisoner care services through efforts to improve the performance of Indonesian National Police members. Employing an empirical juridical approach, the research focuses on the Directorate of Prisoners and Evidence (Direktorat Tahanan dan Barang Bukti/DITTAHTI) Detention Center of the West Java Regional Police. The findings reveal that prisoner care services have been running effectively, despite a shortage of personnel specifically assigned to the care and supervision of detainees. Optimization efforts are reflected in activities such as maintaining detention center facilities, providing food and clothing for detainees, fulfilling their basic needs, maintaining cleanliness, offering physical and spiritual guidance, facilitating visitation services, ensuring access to healthcare, and conducting programs for discipline, legal awareness, and grievance resolution. These service improvements aim to support a humane and accountable investigation process. The performance of Indonesian National Police personnel significantly influences the quality of prisoner care services. As such, well-performing officers contribute to more effective and satisfactory services, directly impacting public trust and satisfaction with the role of the police in managing detainee welfare.
Legal Aspects of Informed Consent for Patients Requiring Emergency Treatment Putri, Junia; Bihar, Syamsul; Jamaludin, Ahmad
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.5.4.2025.747

Abstract

In the medical field, doctors are required to have a permit before performing medical procedures. However, doctors often encounter patients in emergency situations who cannot give consent and are not accompanied by family. This study aims to examine the implementation of informed consent in Indonesia to identify challenges and possible solutions. Through a literature review, this study uses a normative legal approach. Therefore, Law Number 17 of 2023, Article 293(9) exempts doctors from the obligation to obtain medical consent in emergencies. The result shows According to Article 275 paragraphs (1) and (2), doctors are also legally protected from payment demands after providing first aid to save lives or prevent disability. Because they offer an agreement on efforts and are exempt from legal responsibility if the patient’s goal is to be helped, doctors should not hesitate to act quickly in emergencies. This study found that Law Number 17 of 2023 provides doctors with legal protection to act without consent in emergencies, thereby reducing the risk of legal liability. The conclusion is that clear guidelines and ongoing legal education for medical personnel are essential to ensure safe and legal emergency care.
Legal Certainty in the Use of Artificial Intelligence for Healthcare and Medical Diagnosis Dede Hermawan; Ahmad Jamaludin
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.5.6.2025.855

Abstract

The integration of artificial intelligence into healthcare promises to revolutionize medical diagnostics and service delivery. However, rapid technological advancement has outpaced the development of a specific legal framework, creating significant legal uncertainty. This study aims to examine Indonesia’s legal framework for medical artificial intelligence, identify key regulatory gaps, and propose an adaptive legal model to ensure safe and ethical artificial intelligence adoption. Using a normative juridical approach with statutory, conceptual, and comparative analyses, the study finds that current regulations, including Law Number 17 of 2023 on Health and Law Number 11 of 2008 on Information and Electronic Transactions, provide general but insufficient guidance. Critical issues such as liability for artificial intelligence-induced errors, data governance, algorithmic transparency, and patient consent remain unresolved. This regulatory gap poses risks to patients, healthcare providers, and technology developers. The absence of a robust, adaptive legal framework undermines legal certainty and patient protection, limiting trust and safe adoption of artificial intelligence in healthcare. The study proposes a tiered regulatory model based on international best practices to ensure accountability and foster confidence in artificial intelligence-driven medical services.
Legal and Humanistic Approaches to Medical Procedure Refusal Susilo, Dody Hendro; Jamaludin, Ahmad
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.5.6.2025.856

Abstract

The refusal of medical treatment by patients, grounded in deeply held personal or religious beliefs, presents a profound legal and ethical dilemma, colliding with the healthcare professional’s fundamental duty to preserve life. This study analyzes this dilemma from both normative and humanistic perspectives. This study employs a qualitative, doctrinal methodology, synthesizing a literature review of national and international legal regulations, bioethics, health law, and academic sources published between 2013 and 2024. The analysis reveals three core findings: Patients possess a robust, legally protected right to autonomy and religious freedom; Healthcare professionals are bound by an equally compelling legal and professional obligation to provide care, particularly in emergencies; and a significant tension exists where rigid legal-formalistic solutions (normative) fail to address the underlying humanistic considerations of patient dignity. The study argues for an integrative normative-humanistic framework. This model reconciles the conflict by moving beyond legal formalism to emphasize therapeutic communication and participatory-dialogic solutions. This integration minimizes disputes by ensuring legal certainty for physicians while respecting patient dignity. This research concludes that this integrated approach is essential for providing just, ethical, and humane resolutions in multicultural societies.
The Deficit of Legal Effectiveness: A Juridical Review of Illegal Dental Practice by Non-Dentist Practitioners in Indonesia Juliantary, Sella Romika; Jamaludin, Ahmad
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.5.6.2025.864

Abstract

The rise of dental procedures performed by non-dentists, especially high-risk aesthetic services such as illegal braces and veneer installations, has created significant legal and public health concerns in Indonesia. This study provides a juridical assessment of unauthorized dental practice and evaluates the effectiveness of law enforcement through the illegal veneer case in Karanganyar based on Decision Number 51/Pid.Sus/2019/PN.Krg). Using a normative juridical method with statutory and case approaches, it analyzes the hierarchy and consistency of relevant regulations, including the health law, medical practice law, and the Ministry of Health regulation on dental technicians. Guided by Soerjono Soekanto’s theory of law enforcement effectiveness, the findings show that such practices remain widespread due to inconsistent application of administrative and criminal sanctions, weak coordination among law-enforcement and health authorities, and low public legal awareness. The Karanganyar decision illustrates how lenient penalties and the absence of automatic administrative measures, such as closing the illegal practice undermine deterrence. The study concludes that effective enforcement of health law requires stronger institutional integration and improved legal culture. It proposes developing an integrated sanction system that links criminal rulings with mandatory administrative penalties to enhance deterrence and curb illegal dental practice nationwide.
Juridical Analysis of Delegated Authority from Anesthesiologist to Nurses in Performing Anesthetic Procedures Chiko, Syahruddin; Jamaludin, Ahmad
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.5.6.2025.890

Abstract

The growing public demand for professional and legally accountable healthcare services, coupled with the limited availability of anesthesiology personnel, has led to the increasingly common practice of delegating anesthetic procedures to nurses, creating significant legal controversy that requires thorough examination. This study examines the legal aspects of the delegation of authority from anesthesiologists to nurses in performing anesthesia or sedation. The method used in this study is normative legal research, which is research using legislation covering three layers of legal science consisting of legal dogmatics, legal theory, and legal philosophy. The results of the discussion found that from a positive legal perspective, the delegation of authority from anesthesiologists to nurses to perform anesthesia within the scope of anesthesia services is contrary to the legal norms or rules as stipulated in Law Number 36 of 2014 concerning Health Workers and also Law-Law Number 38 of 2014 concerning Nursing, which is Lex Specialis for nurses, and Law Number 17 of 2023 concerning Health. Therefore, the delegation of authority from anesthesiologists to nurses can be categorized as an unlawful act because anesthesia is a special medical procedure that can only be delegated to health workers who have been authorized by the government.
Co-Authors AA Sudharmawan, AA Ani Suryani Ardiyanti, Novita Arief Koswara Astuti, Felly Dwi Azmi, Rahma Nur Kamilatul Bihar, Syamsul Chiko, Syahruddin Dandi Ditia Saputra Dede Hermawan Egi Fauzi Erliana, Rena Erna Listiawati Erna Listiawati Ervandha, Mochammad Fasa Muhamad Hapid Fathan Mubiina Hapid, Fasa Muhamad Happy Yulia Hasanah, Rizka Irfan Hakim, Muhammad Juliantary, Sella Romika Jumrati Lakoro, Danny Des Kartyko Laura Mande Nata Listiawati, Erna Makhfud, Mukhamad Mubiina, Fathan Najah, Nurun Noviyanti Noviyanti Nuraeni, Risti Dea Nursyami, Ima Nurzakiya, Anisa Permana, Flea Akbar Prastiono, Suryo Prayuti, Yuyut Purwadi Pusdikawati, Rani Putra, Naufal Dekananda Anggara Putri, Junia Ramadhan, Noval Rashid, Muhammad Hafiy Bin Abdul Ratu Arti Wulan Sari Ridwan, Ahmad M. Risa Helilintar Risky Aswi R, Risky Rizali, Deden Fajar Saiful Anwar Saputra, Dandi Ditia Sayid Muhammad Rifqi Noval Soecipto Soecipto Soecipto Soecipto Soecipto, Soecipto Suci Nurlaeli Susilo, Dody Hendro Sutarya, Idat Mustari Syah, M Kautsar Thariq Tua, Rolando Wandari, Tsania Wibowo, Dimas Arif