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All Journal Kertha Negara : Journal Ilmu Hukum International Journal of Health, Economics, and Social Sciences (IJHESS)
Renfred Valdemar
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PENEGAKAN YURISDIKSI TERITORIAL NEGARA KESATUAN REPUBLIK INDONESIA DALAM PENCAPAIAN ASEAN PHYSICAL CONNECTIVITY Renfred Valdemar; Ida Ayu Sukihana
Kertha Negara : Journal Ilmu Hukum Vol. 02, No. 03, Mei 2014
Publisher : Kertha Negara : Journal Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.006 KB)

Abstract

For the purpose of accelerating integration among ASEAN member countries in ASEAN Community, it has been agreed on “Master Plan on ASEAN Connectivity” in order to create connectedness of ASEAN region. There are three important elements for the implementation the program, one of which is the construction of facilities and infrastructure namely ASEAN Physical Connectivity. This development will have a major impact for the territory of Indonesia as a country that has a strategic area for the traffic ASEAN regional trade. It reminds about enforcement the territorial jurisdiction of Indonesia (Republic of Indonesia) as an absolute value for the Indonesian Nation. This paper will explain the consequences and remidies that can be done to uphold the sovereignty of the territorial jurisdiction of Indonesia.
Effectiveness Implementation of Fine Criminal Sanction in Extraordinary Events or Pandemic Outbreak According to the Law Number 17 of 2023 Concerning Health (Health Omnibus Law) Renfred Valdemar; Rospita Adelina Siregar; Mompang L. Panggabean
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i3.7823

Abstract

Pandemic outbreak is a non-natural disaster that is physically invisible and difficult to detect. Along with the experience and high death rate in Covid-19, it has encouraged the Government to issue Law No. 17 of 2023 concerning Health (Health Omnibus Law). Criminalization is the path chosen by the government as a form of state priority for the people in overcoming the spread and transmission of the pandemic outbreak. However, currently there is still a polemic about how legal action uses criminal sanctions during a pandemic. The study was conducted using a descriptive method, which aims to examine the effectiveness of the application of criminal sanctions for anyone who obstructs the implementation of efforts to control pandemic outbreak or violates health protocols. The results of this study indicate that Article 446 of Law No. 17 of 2023 concerning Health (Omnibus Law of Health) is the basis for criminalization for violators of the pandemic outbreak response, with the imposition of a maximum criminal fine of IDR 500,000,000 (Five hundred million Rupiah). With restrictions on movement accompanied by administrative sanctions alone, it has made the people's economy very difficult, especially if it is added to criminal fine. The sense of justice and legal certainty for the community is increasingly absent. The application of criminal sanctions should not be applied during a pandemic, because everyone has the right to maintain their own lives. This only adds to the suffering of people who do not agree with government policies by forcing them to follow health protocol rules that are contrary to their conscience.
Prospective Position of Humanoid Robots as Subjects of Criminal Law in Indonesia Renfred Valdemar; Mompang. L. Panggabean; Richard. M. Nainggolan
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 2: April 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i2.10982

Abstract

The advancement of Artificial Intelligence (AI) technology in the form of humanoid robots (human-like robots) has led to numerous incidents and violations of criminal law, often caused by the actions of the humanoid robots themselves. This has given rise to debate among experts as to who is responsible for these violations. Indonesian Criminal Law stipulates that the subjects of criminal law are humans and legal entities. Meanwhile, the position of AI robots within the Indonesian legal framework (UU ITE) is as an 'electronic agent' which is an electronic system device controlled by an individual or institution/corporation. If examined more closely, technically, humanoid robots have almost the same capabilities as humans to think and move independently (autonomous) without being driven or by anyone. The concept of criminal law stipulates that to determine a crime must look at the element of the perpetrator's mental condition (mens rea). If a criminal offense is committed by a humanoid robot that does not have a natural mental condition, can it be categorized as a crime and who should be held responsible? Because there is no consensus yet on whether the subject of criminal law is appropriate to be assigned to humanoid robots, this study will discuss briefly and concisely the prospective position of humanoid robots as subjects of criminal law in Indonesia.
Co-Authors Ida Ayu Sukihana Mompang L. Panggabean Mompang. L. Panggabean Richard. M. Nainggolan Rospita Adelina Siregar