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Juridical Analysis of the Effectiveness of Solid Medical Waste Management at the Health Center in Batam City Wulandari, Frisca; Amboro, F. Yudhi Priyo; Seroja, Triana Dewi
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.228

Abstract

Abstract An environment is a spatial unit consisting of all objects, energy sources, conditions, and living things whose behavior affects the continuity of life and human welfare and how this behavior relates to other living things. Medical waste is waste that has a greater influence on the emergence of infections because it contains pathogenic agents which have an impact on causing disease. With the problem of waste treatment, especially solid medical waste, especially during this pandemic, it is known that dealing with these problems requires a system that regulates and becomes a reference for achieving a standard of living and sustainable development. The Theory of Legal Effectiveness and Development Law Theory was used to analyze the implementation of this research. The method used in this study uses empirical juridical methods. The empirical legal research method is based on realities in the field through observations at 3 (three) Puskesmas in Batam City, namely Puskesmas Sekupang, Puskesmas Mentarau, and Puskesmas Sungai Langkai, which respectively are samples of the highest, medium and lowest total waste production within Dinas Kesehatan Kota Batam. Samples were taken by purposive sampling method.
A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia Novri, Novrianti; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2488

Abstract

The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.
PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura) Halawa, Filemon; Situmeang, Ampuan; Amboro, FL Yudhi Priyo
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2714

Abstract

Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads "In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).
The Legal Analysis of Copyright Protection for E-Books in the Form of Non-Fungible Token (NFTs) Christina, Christina; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.8495

Abstract

Non-Fungible Tokens (NFTs) serve as a digital platform that aids creators of digital works, particularly E-Books, in marketing or introducing their creative outputs. This platform offers easy access and high-security systems to safeguard the copyright of E-Book creators. This study aims to analyze and provide insights into the copyright protection of E-Book works in the form of NFTs, under the perspective of Copyright Law. Additionally, the study seeks to determine whether NFT transactions can serve as a solution for Intellectual Property protection in Indonesia. The research employs a normative legal research method, utilizing literature review and descriptive techniques. The findings reveal that NFTs can indeed offer a solution for intellectual property protection in Indonesia. By transforming works into NFTs, their copyright is protected through ownership tokens that are automatically integrated into the blockchain (digital ledger).
Personal Data Protection in Telemedicine: Comparison of Indonesian and European Union Law Jannah, Miftahul; Amboro, F. Yudhi Priyo; Shahrullah, Rina
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.8827

Abstract

Telemedicine allows patients to receive remote medical consultation, diagnosis, and treatment through a digital platform. However, with the development of telemedicine, personal data protection has become one of the main concerns. This research aims to compare the regulation of personal data protection in telemedicine services in Indonesia and the European Union. The type of research in this scientific article is Normative Juridical Research with a comparative legal approach. The data sources obtained in this paper are primary data and secondary data. The data collection method is a literature study. The data analysis method in this paper uses a qualitative approach. The results show that personal data protection in Indonesia is regulated by Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). While in the European Union, Personal Data Protection is regulated in the General Data Protection Regulation (GDPR) which regulates the collection and use of personal data by organizations. Some similarities in personal data protection in both telemedicine in Indonesia and in the European Union are that the same consent requires telemedicine providers to obtain clear and explicit consent from patients. Both telemedicine providers must not disclose the patient's personal data to third parties without the patient's consent. Telemedicine providers to implement security measures to protect patient personal data. Both Indonesia and the European Union give patients the right to access, correct, delete, and limit the use of their personal data
Guardians of Privacy: Unraveling the Tapestry of Personal Data Protection in Indonesia and France Ariani, Merizqa; Amboro, FL. Yudhi Priyo; Nurlaily, Nurlaily
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5460

Abstract

The rapid advancement of technology has facilitated easier access to information but has concurrently heightened the risks associated with the security of personal data. This has raised concerns about individual privacy, prompting the enactment of regulations for the protection of personal data. Legal enforcement becomes crucial to ensure proper treatment of personal data. Indonesia responded to the increasing cases of data breaches by enacting the Personal Data Protection Act in 2022. However, incidents of data leaks persist. France boasts a well-established data protection law, notably the General Data Protection Regulation (GDPR), which provides comprehensive guidelines for the management of personal data. There are similarities and differences in the approaches of the two countries. Both emphasize principles such as fairness, transparency, and responsibility. However, France highlights openness and integrity, while Indonesia places a greater focus on fairness and responsibility. Individual rights take center stage in both regulatory frameworks, with an emphasis on access, correction, and deletion of data. France introduces the rights to protest and data portability to afford individuals greater control over their personal data. Sanctions and legal enforcement are also crucial in safeguarding personal data. Both countries impose sanctions, though there are variations in implementation and enforcement. This research aims to provide a better understanding of the differences and similarities in the frameworks for personal data protection between Indonesia and France, with the goal of strengthening data protection and enhancing public awareness.
Pemenang Lelang Eksekusi terhadap Jaminan Tanah yang Belum Bersertifikat Sugianto, M Udik; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4611

Abstract

The large number of people who do not have proof of land ownership is an obstacle in obtaining credit from banks. However, responding to this, the bank allows the bank to be able to accept credit submitted to it. However, it becomes a problem when the auction winner wants to transfer the rights to the land, it cannot be done because the land has not been certified, which results in the auction winner not being able to pay the BPHTB. The research method used is normative legal research. Legal regulations regarding auctions for land that have not been certified are contained in Article 41 Paragraph 4 of the PP on land registration, Articles 76 and 108 of the Regulation of the Minister of Land Registration, Article 34 of PMK Implementation of auctions. Meanwhile, the conflict that occurred was Article 83 of the PMK for the Implementation of the Auction, which required the auction winner to pay BPHTB, while Article 2 of the BPHTB Law states that land that has not been certified does not include land rights. The solution provided by the author is: the head of the land office and the head of the KPKNL provide concessions for BPHTB payments and change the laws and regulations related to allowing uncertified land to be auctioned.
Case in Batam City: The Crime of Electronic Gaming in The Industrial Revolution 4.0 Era Manurung, Kristie Sugama; Amboro, F. Yudhi Priyo; Hutauruk, Rufinus H.
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4485

Abstract

Gambling presents several problems, including the possibility that some people will develop an addiction, an inability to stop gambling, and significant financial loss. Therefore, it is evident that gambling is detrimental to individuals and can harm society as a whole. It will also have the potential to reduce the community's economy. In the city of Batam, online gambling is commonplace and familiar. Online gambling has penetrated society from the upper classes to the lower classes. Several factors cause gambling, which is closely related to the factors that cause crime. The two main types of factors that can lead to criminal behaviour are those that come from outside the individual (external) and those that come from within the individual (internal), such as psychological, educational, and religious factors. Association and family environment. This type of research is Normative Juridical Research with a statute approach. Normative legal analysis is also known by another term, namely doctrinal legal research. This research shows that Indonesia's Law on Information and Electronic Transactions has not been fully effective. This is in line with the theory of Legal Effectiveness put forward by Soerjono Soekanto. Judging from the legal factors themselves, which are only limited by law, the government must pay more attention to aspects of legal certainty regarding gambling regulations so that they are by social values that view all forms of gambling as dangerous.
Policy Concept of Batam City Government in Tackling Illegal Billboards from the Perspective of Legal Effectiveness Insti, Putri Deviana; Amboro, F. Yudhi Priyo; Sudirman, Lu
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3830

Abstract

Illegal billboards, which refer to billboards installed without a permit or in violation of applicable regulations, have become a pressing issue in many cities and regions. Its existence can harm the public by disturbing the aesthetics of the urban environment, disrupting traffic safety, and even damaging the natural environment. This research will examine the effectiveness of the Batam City government's policy in overcoming unauthorized advertisements, by considering the perspective of legal effectiveness theory which refers to five main aspects that must be considered, namely in terms of legal factors, law enforcement factors, legal facilities and infrastructure factors, community factors, and cultural factors themselves. This research also uses public policy theory. The method in this research uses empirical research methods with a qualitative approach. The results of this study show that the legal effectiveness of the concept of Batam city government policy against illegal billboards has not been effective, Batam city government policy still has several obstacles including less than optimal sanctions and in terms of law enforcement, there are still many people who are not concerned with the environment. Regarding the solutions applied by the Batam City government in eradicating illegal advertising using the need to make heavier sanctions than just demolition confiscation, for future concepts, the Batam City government plans to realize a new policy concept regarding billboard licensing regulations using an information technology system in the form of a Barcode on each billboard as an effort to tackle illegal billboards in the city of Batam.
The Behind Closed Lenses: Analyzing the Efficacy of Personal Data Protection Laws in Combatting Hidden Cameras Weley, Nadia Carolina; Amboro, Florianus Yudhi Priyo; Seroja, Triana Dewi
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9158

Abstract

This study explores the effectiveness of personal data protection against hidden camera recordings in Batam City, which are used to identify a person and used for personal purposes, a problem in Indonesia despite the issuance of Act Number 27 of 2022 on Personal Data Protection. This research focuses on the aspects of legal protection and sanctions received by perpetrators of personal data and privacy sharing crimes; this study also identifies the challenges and opportunities Indonesian people face regarding their privacy in public places. The concept of personal data protection is analyzed through an empirical legal research method with a descriptive-qualitative approach, considering the current Indonesian legal framework. This research also involves Soerjono Soekanto's Theory of Legal Effectiveness and Chambliss and Seidman's Theory of the Working of Law, which will assist in elaborating the research. This research highlights the importance of public awareness and the role of supervisory agencies in addressing the risks of privacy-infringing camera recordings. The results show the need for a collaborative strategy between the government and society to strengthen personal data protection. The results of this study can assess the effectiveness of the enforcement of the PDP Law in Batam City through five factors and how the regulation in Indonesia overshadows the problems faced, such as the lack of law enforcement roles in Batam City and the lack of reminders such as facilities that can be a bridge for the public to know the prohibition of installing hidden cameras in public places that can endanger the public.