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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