Articles
GOVERNMENT RESPONSIBILITY FOR PERSONAL DATA ON THE SATUSEHAT APPLICATION IN INDONESIA
Wau, Hilbertus Sumplisius M.;
Aspan, Henry;
Sumarno, Sumarno
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review
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DOI: 10.30596/nomoi.v6i2.25374
The COVID-19 pandemic in Indonesia represents a crisis that demands swift and effective management. The government is required to take a leading role in breaking the chain of virus transmission. One of the strategies undertaken was the utilization of the SATUSEHAT application. However, the use of this application carries potential risks of personal data breaches, as users are required to submit personal information as a condition for access. Therefore, it is important to conduct a study on the government’s responsibility in safeguarding citizens’ personal data following the implementation of the SATUSEHAT application. This research employs a normative legal method supported by empirical data, using a descriptive-analytical approach, and is grounded in both statutory and case-based legal frameworks. The study relies on secondary data as legal materials, including primary, secondary, and tertiary legal sources, collected through literature study and documentary analysis. The analysis adopts a qualitative research approach to draw final conclusions. This study finds that the government’s responsibility for personal data in the SATUSEHAT application includes the obligation to ensure protection by implementing robust data security systems and conducting data protection impact assessments for each data subject. Moreover, the government is also obliged to terminate the processing of personal data once the intended purpose has been achieved, accompanied by the deletion and destruction of such data. This measure aims to minimize the risk of personal data breaches committed by unauthorized third parties (hackers).
THE IMPACT OF FOREIGN WORKER RESTRICTIONS ON FOREIGN DIRECT INVESTMENT (FDI) REALIZATION IN INDONESIA
Dahlan;
Henry Aspan;
Etty Sri Wahyuni;
Muhammad Juang Rambe
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 2 (2025): 10th IHERT (2025): IHERT (2025) SECOND ISSUE: International Conference on Healt
Publisher : Universitas Efarina
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DOI: 10.54443/ihert.v7i2.507
Indonesia has experienced significant growth in foreign direct investment (FDI) inflows, reaching USD 47.5 billion in 2023 and exceeding the target of IDR 1,714 trillion in 2024. However, strict foreign worker regulations potentially affect the investment decisions of multinational companies. This research aims to analyze the impact of foreign worker restrictions on FDI realization in Indonesia with a case study in North Sumatra Province. The research method uses a qualitative approach with regulatory analysis and secondary data. The results show that although foreign worker restrictions through Government Regulation Number 34 of 2021 and Minister of Manpower Regulation Number 8 of 2021 aim to protect local workers and encourage technology transfer, these policies create trade-offs against Indonesia's investment attractiveness. Requirements such as mandatory local counterparts, Foreign Worker Utilization Compensation Fund (DKPTKA), and position restrictions create additional costs for investors. The Omnibus Law on Job Creation has simplified licensing procedures, but implementation challenges remain, particularly in regions like North Sumatra. The research recommends a balance between local workforce protection and investment facilitation through more flexible sector-based regulatory reforms.
JURIDICAL ANALYSIS OF PRICE FIXING AS UNFAIR BUSINESS COMPETITION
Henry Aspan;
Etty Sri Wahyuni;
Ari Prabowo;
Ami Natuz Zahara
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 2 (2025): 10th IHERT (2025): IHERT (2025) SECOND ISSUE: International Conference on Healt
Publisher : Universitas Efarina
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DOI: 10.54443/ihert.v7i2.510
Price fixing is one of the prohibited agreements under competition law due to its inherently anti-competitive nature and harm to consumers. This research aims to analyze price fixing regulations under Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, focusing on the application of per se illegal approach, evidence using indirect evidence, and law enforcement challenges in Indonesia. The research method used is normative juridical with statutory, conceptual, and case study approaches. The results show that price fixing is regulated under Article 5 of Law No. 5 of 1999 with a per se illegal approach that does not require proof of impact. However, in practice, the Business Competition Supervisory Commission (KPPU) often faces difficulties in proof as business actors tend to avoid written agreements. The use of indirect evidence consisting of economic and communication evidence has become an increasingly developed alternative proof. This research recommends strengthening regulations regarding the position of indirect evidence and enhancing KPPU's capacity in economic analysis for effective competition law enforcement.
CHARACTERISTICS OF THE DECISION TO CANCEL THE DETERMINATION OF A CORRUPTION ERADICATION SUSPECT THROUGH PRE-TRIAL (A Study of the Political-Legal Relationship between the Corruption Eradication Commission and the Institution)
Ronny Yoesfianda;
Henry Aspan;
T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher
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DOI: 10.70321/ijslcj.v2i2.162
Several suspect determinations by the Corruption Eradication Commission (KPK) were annulled by pretrial motions due to non-compliance with applicable legal provisions, such as insufficient preliminary evidence and procedures for determining suspects that were inconsistent with criminal procedural law. These decisions emphasize the importance of protecting human rights, the principle of collective collegiality in decision-making, and judicial oversight of law enforcement actions. The research uses normative legal methods, examining the provisions of Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), Law Number 10 of 2015, Law Number 19 of 2019, and the Criminal Procedure Code (KUHAP). Pretrial motions are also examined to understand the application of the law in concrete cases involving the annulment of suspect determinations by the KPK. Regulatory changes through Law No. 30 of 2002, Law No. 10 of 2015, and Law No. 19 of 2019 demonstrate efforts to balance the independence of the Corruption Eradication Commission (KPK) with the need for oversight and accountability. While aimed at increasing the KPK's effectiveness and accountability, these changes present challenges such as the potential for politicization and intervention. Constitutional Court Decision No. 21/PUU-XII/2014 emphasized the importance of sufficient preliminary evidence in determining suspects, which has become the basis for many pretrial decisions that have overturned the KPK's suspect determinations. Furthermore, research evaluates how the principle of collective collegiality and a proper understanding of the object of investigation are crucial to ensuring the legitimacy of the KPK's legal actions.
ANTI-DUMPING REGULATIONS IN INTERNATIONAL TRADE LAW AND ITS APPLICATION IN INDONESIA
Etty Uyun;
Sri Devi Zebua;
Riza Firdaus;
Henry Aspan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA
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DOI: 10.54443/morfai.v3i4.1345
Dumping is a trade practice carried out by exporters by selling goods abroad at prices that are cheaper than domestic prices and has resulted in many cases of predatory pricing carried out by other countries in Indonesia which have resulted in economic losses. Anti-dumping regulations are very necessary to protect the industry. domestically against practices that could harm domestic industries that produce similar goods. Applications that Indonesia can take to overcome dumping practices must first carry out an investigation by KADI to obtain evidence regarding imported products with indications of dumping which will harm the domestic industry. Based on this evidence, the government through KADI can impose anti-dumping import duties on importers. In this article we will discuss how anti-dumping is implemented in international trade in Indonesia. The research method used is the normative legal research method.
JURIDICAL REVIEW OF MORTGAGE RIGHTS GUARANTEES IN CREDIT AGREEMENTS ACCORDING TO LAW NUMBER 4 OF 1996 CONCERNING MONITORING RIGHTS:
Henry Aspan;
Rahmad Mirad;
Ami Natuz Zahara
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 1 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA
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DOI: 10.54443/morfai.v4i1.1563
Risks that generally occur in providing credit facilities are failure or delays in repayment of credit (credit risk), risks arising from market movements (market risk), risks due to the bank being unable to fulfill its maturing obligations (liquidity risk), and risks due to there are weaknesses in the juridical aspect caused by legal demands, the absence of supporting legislation (legal risks). In Article 1 number 11 of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, the definition of credit is formulated "Credit is the provision of money or bills that can be equated with it based on an agreement or loan agreement between the Bank and the other party. others that require the borrower to pay off the debt after a certain period of time with interest." Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land and makes the interests of debtors and creditors receive legal protection from the government. The main objective of enacting the Mortgage Rights Law is, in particular, to provide legal protection for creditors if the debtor commits an unlawful act in the form of a default. If the debtor breaks his promise, the object of the Mortgage Rights is sold through a public auction according to the method specified in the applicable laws and regulations and the holder of the Mortgage Rights has the right to take all or part of the proceeds to pay off his receivables, with pre-emptive rights over other creditors.
LEGAL REVIEW OF THE SALES OF NON-BPOM CERTIFIED COSMETICS IN E-COMMERCE REVIEWED FROM RI LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION AND BPOM REGULATIONS
Irmanto Brampu;
Henry Aspan;
Dahlan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 1 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA
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DOI: 10.54443/morfai.v4i1.1610
With the rapid technological developments that are occurring today, it has greatly influenced the technology of the cosmetics industry in making cosmetic products easily, which has led to the proliferation of producers trading in cosmetics without distribution permits and of course this violates consumer rights as regulated by Article 4 and Article 5 of the Law. Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Food and Drug Supervisory Agency Number 17 of 2023 concerning Guidelines for Cosmetic Product Information Documents. The Head of BPOM reiterated that the use of cosmetics without a distribution permit and/or containing prohibited ingredients in cosmetics in accordance with the technical requirements for cosmetic ingredients is very risky for health. Health risks that have the potential to occur due to the use of cosmetics containing prohibited ingredients in cosmetics.
PERSONAL RESOURCES AND JOB CRAFTING: IMPLICATIONS WORK ENGAGEMENT FOR MODERN COFFE SHOPS EMPLOYEE IN MEDAN CITY
Henry Aspan;
Rozaini;
Etty Sri Wahyuni;
Ari Prabowo
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 2 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA
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DOI: 10.54443/morfai.v4i2.1859
This research aims to determine and analyze the influence of personal resources and job crafting on work engagement of modern coffee shop employees in Medan City. The type of research used in this research is associative research with a quantitative approach. The population in this study is the population in this study, namely all lecturers at private universities in Medan City. The sampling method in this research uses a probability sampling method withsimple random sampling technique, namely taking sample members from the population randomly without paying attention to the strata in the population, with a sample size of 70 respondents in 15 modern coffee shops in Medan City. Data collection methods were carried out by means of questionnaires and interviews. The data analysis method used is multiple linear regression analysis. Based on the research results obtained partially and simultaneously, it shows that personal resources and job crafting affect the work engagement of modern coffee shop employees in Medan City. The results of the coefficient of determination test obtained an adjusted R square value of 0.863 (86.3%). This shows that the variablepersonal resourcesand job craftingable to explainwork engagementamounting to 86.3%,while the remaining 13.7% is influenced by other variables not examined inthis research.
THE ROLE OF HOSPITALS IN PROTECTING HEALTH WORKERS FROM VIOLENCE BY PATIENTS/PATIENT FAMILIES AT MELAWI REGIONAL HOSPITAL: A STUDY IN THE INTERNAL MEDICINE WARD
Chandra Dewi;
Dahlan;
Henry Aspan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA
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DOI: 10.54443/morfai.v5i2.2827
Legal protection is a right owned by health workers and medical personnel, in accordance with Law no. 17 of 2023 on Health Article 273, hospitals have an obligation to protect staff who work when experiencing disputes, as long as they are in accordance with operational standards when working. This study aims to examine and analyze the regulations on legal protection of health workers and medical personnel, as well as the role of hospitals in acts of violence that occur at Melawi Regional Hospital. The research method is qualitative analysis with an empirical legal approach. The data sources used are primary data consisting of case observations, questionnaires and interviews at Melawi Regional Hospital, while secondary data is obtained from books, laws, cases and document data available at the hospital. The results of the study at Melawi Regional Hospital, problem solving will be carried out by the existing public relations/case manager team, but the Regional Hospital has not provided legal assistance/advocates. For problem solving, it is carried out through mediation/non-litigation, but without legal counsel.
LEGAL ASPECTS OF CONSUMER PROTECTION AGAINST PHISHING CRIMES IN DIGITAL BUSINESS
Dahlan;
Erniyanti;
Henry Aspan;
Etty Sri Wahyuni
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 6 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA
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DOI: 10.54443/morfai.v5i6.4677
The development of digital business in Indonesia has brought significant impacts on the increase of cybercrime, particularly phishing. This research aims to analyze the legal aspects of consumer protection against phishing crimes in the context of digital business in Indonesia with a case study in Medan City. The research method used is normative juridical with statutory and case approaches. The research findings indicate that the legal framework for consumer protection against phishing crimes in Indonesia has been regulated in various regulations, including Law Number 8 of 1999 concerning Consumer Protection, Law Number 19 of 2016 concerning Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, and Law Number 27 of 2022 concerning Personal Data Protection. However, the implementation of legal protection still faces various obstacles, such as low digital literacy among the public, limited cyber law enforcement infrastructure, and complexity of evidence in phishing cases. This research recommends strengthening more specific regulations regarding phishing, increasing law enforcement capacity, and continuous public education.