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Ketidakamanan Perlindungan Data Konsumen di Sektor eHealth Edy Santoso; Andriana Andriana
Jurnal Penelitian Hukum De Jure Vol 23, No 1 (2023): March Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.115-130

Abstract

In Indonesia, the eHealth application has been widely used. It has also been recognized by World Health Organization (WHO) that Information and Communication Technology (ICT) provides a cost-effective and secure value to support various health sectors. The research method uses normative research which more emphasizes the use of positive law and comparisons of law with other countries. Meanwhile, the approach used in this study is a “qualitative empirical”. A primary legal material implementing statutory regulation in the field of Cyber law, and practically discusses how it is implemented in eHealth. This research examines two things in depth. Firstly; Is a “Data breach” committed by the electronic service providers? Secondly; Is a “Data theft” modus operandi achieved by the perpetrator? This study concludes that a “data breach” can occur due to “carelessness” or “bad faith” on the part of the service provider. Thus, bad faith behavior may intentionally process the data for illegal commercial purposes, either by processing it alone or by cooperating with other parties who use the data. Meanwhile, “Data theft” caused by “illegal access” activities there are carried out by the perpetrator, causing data can be changed, damaged, and deleted. Data related to eHealth is included in the category of special data that is protected by the laws and regulations in Indonesia. Thus, service providers should participate in providing data protection efforts by making “self-regulation” and providing training to service users, in an effort to avoid crime under Law Number. 27 of 2022 on Personal Data Protection.
Implementation of Law Enforcement for Business Crime Which is Performed by Illegal Foreign Work Endeh Suhartini; Rahayu Nuraeni; Edy Santoso; Ani Yumarni
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 1 OCTOBER 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4328

Abstract

The main purposes of this study are: 1) To find out and analyze the forms of business crimes committed by illegal Foreign Workers related to violations of Immigration laws. 2) To find out and analyze immigration law enforcement against illegal Foreign Workers who commit immigration violations. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data to the primary data.The results of this study are: 1) Business crimes committed by illegal foreign workers related to immigration violations, namely the implementation of the Asean Economic Community (AEC) and the introduction of a visa-free policy to encourage and enhance economic growth have an impact on the uncontrolled presence of illegal foreign workers in Indonesia where from the implementation of the AEC and the implementation of the visa-free policy many of the foreign citizens, especially from China who abuse the visa-free policy that should be used for travel but instead used to find work/conduct business activities in Indonesia. 2) Immigration law enforcement against illegal Foreign Workers who commit violations of immigration criminal acts can be prosecuted in two ways, namely the prosecution process in a court or pro justitia and administrative or immigration acts
Analisis Efektivitas Instrumen Hukum Lingkungan dalam Pembangunan Berkelanjutan di Indonesia: Analysis of the Effectiveness of Environmental Legal Instruments in Sustainable Development in Indonesia Deny M. Ramdhany; Budiono; Dedi Junaedi; Jeny Mellysa Ariyanti; Edy Santoso; Nugraha Pranadita
SIYASI: Jurnal Trias Politica Vol. 1 No. 2 (2023): Siyasi: Jurnal Trias Politica
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/sjtp.v1i2.51397

Abstract

Regulatory reforms in Indonesia including the Environmental Protection and Management Law, the risk-based licensing regime, and Government Regulation 22/2021create both opportunities and challenges for achieving sustainable development. This article analyzes the effectiveness of environmental law and maps its realization from upstream instruments (Strategic Environmental Assessment/SEA and Environmental Impact Assessment/EIA) to downstream mechanisms (monitoring and multi-track enforcement). The study employs a normative legal method with statutory, conceptual, and case approaches, complemented by a policy-evaluation lens that links process indicators (EIA quality, public participation, oversight, administrative sanctions) to outcome indicators (ambient quality, land-cover change, pollution events). Findings indicate that: (i) post-approval oversight and progressive administrative sanctions strengthen compliance; (ii) high-quality EIA and meaningful participation enhance decision legitimacy and reduce dispute costs; (iii) information transparency reinforces accountability and scientific proof; (iv) civil and criminal tracks remain necessary for severe violations, while the polluter-pays principle and strict liability are effective if supported by robust damage-valuation guidance; (v) SEA functions as an upstream policy guardrail; and (vi) anti-SLAPP and citizen-lawsuit avenues broaden access to justice. The article’s novelty lies in an integrated evaluation framework that connects participation, transparency, and enforcement to measurable biophysical outcomes. Policy implications emphasize risk-based compliance assurance, strengthened environmental forensic laboratories, the use of remote sensing, independent audits, and routine public performance reporting across jurisdictions to drive continuous improvement
Analisis Yuridis terhadap Peran TNI dalam Perlindungan dan Pengelolaan Lingkungan Hidup Berdasarkan Hukum Positif di Indonesia: A Legal Analysis of the Role of the Indonesian National Armed Forces in Environmental Protection and Management Based on Positive Law in Indonesia Aan Tirta Gandana; Agus Hendrayana; Dainsyah; Dian Amalia Dewi; Yudha Permana Sidiq; Edy Santoso; Nugraha Pranadita
SIYASI: Jurnal Trias Politica Vol. 3 No. 2 (2025): Siyasi
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/sjtp.v3i2.51456

Abstract

Environmental crimes in Indonesia are cross-sectoral and long-term, often exceeding the capacity of civilian enforcement and thus requiring limited support from the armed forces (TNI) under Military Operations Other Than War (OMSP). This article aims to: (1) map the TNI’s role in environmental law enforcement as a proportional supporting actor; (2) assess regulatory coherence and jurisdictional limits under Law No. 34/2004 (TNI) and Law No. 32/2009 (Environmental Protection and Management); and (3) propose an accountable evaluation matrix for TNI involvement. We employ a normative juridical method with statute, conceptual, and case approaches (Citarum Harum and the maritime domain), combined with policy analysis and document review (laws, presidential regulations, MoUs, strategic plans) triangulated with scholarly literature. Findings indicate that judicial authority remains with environmental civil investigators/police and prosecutors, while the TNI contributes to area/scene security, situational stabilization, mobilization, and logistics—subject to prompt handover, preserved chain of custody, and clear inter-agency SOPs. In the maritime domain, effectiveness hinges on interoperability and deconfliction; on land (forestry/mining), support is effective when paired with strengthened environmental forensics and investigator capacity. The novelty lies in a four-dimensional evaluation matrix (legal mandate & jurisdictional limits; operational roles & interoperability; forensic evidentiary quality; governance accountability & legitimacy) accompanied by guardrails to prevent overreach. Policy implications highlight the need for detailed secondary regulations on assistance tasks, collaborative performance indicators, and data transparency so that TNI involvement acts as a catalyst rather than a substitute for environmental law supremacy.