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Analysis of Open and Closed Proportional System General Elections From a Democratic Perspective Manika, Agus Surya; Subawa, I Made; Kartika, I Gusti Ayu Putri; Resen, Made Gde Subha Karma
East Asian Journal of Multidisciplinary Research Vol. 3 No. 10 (2024): October 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i10.11512

Abstract

The implementation of general elections is one of the characteristics of a democratic country as a form of people's sovereignty. There are various types of general election systems throughout the world, including open and closed proportional systems. The normative legal method is based on the absence of norms in Law of the Republic of Indonesia Number 7 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2022 concerning Amendments to Law Number 7 of 2017 concerning General Elections into Law, where this Law only regulates the open proportional general election system and there is no regulation on the closed proportional system. The problem discussed in this study is how is the analysis of the open and closed proportional general election system from a democratic perspective? and which general election system is better to use for Indonesia and other democratic countries?.
Pertanggungjawaban Manajemen RS PHC Surabaya dalam Perekrutan Praktik Dokter Ilegal berdasarkan Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan Sari, Jayanti Purnama; Santosa, Anak Agung Gede Duwira Hadi; Kartika, I Gusti Ayu Putri; Winata, I Gde Sastra
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i1.14199

Abstract

The case of an illegal doctor named Susanto who worked at Primasatya Husada Citra Surabaya Hospital for approximately 3 years has troubled the community in Surabaya City. This study aims to determine the role of the Hospital Medical Committee of Primasatya Husada Citra Surabaya Hospital in supervising the recruitment process of doctors and the implications for patients who get the wrong dose and/or actions performed by illegal doctor Susanto. The research method used is normative juridical which involves analyzing documents or secondary data. The approach used in this research is qualitative research and is presented descriptively. The results showed that the Medical Committee of PHC Surabaya Hospital did not succeed in carrying out its duties optimally, thus allowing Susanto, who was actually unqualified, to obtain a position as an illegal doctor. The implication for patients who received the wrong dose and/or action performed by the illegal doctor Susanto is that the patient has the right to file a lawsuit to obtain compensation and justice. Lawsuits can be in the form of criminal charges and civil suits.
PENEGAKAN HUKUM TINDAK PIDANA MONEY POLITIC DALAM PELAKSANAAN PEMILU DI INDONESIA Komang Andhika Putra Erawan; I Gusti Ayu Putri Kartika
Kertha Semaya: Journal Ilmu Hukum Vol. 13 No. 10 (2025)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KS.2025.v13.i10.p09

Abstract

Indonesia ialah satu negara yang menerapkan sistem demokrasi untuk pengelolaan sistem pemerintahannya. Dalam sistem demokrasi Indonesia sendiri, rakyat memegang kekuasaan tertinggi.  Hal tersebut seperti halnya yang termuat di Pasal 1 ayat (2) UUD 1945. Berdasarkan hal ini, lahirlah suatu sistem yang dikatakan mewakili prinsip demokrasi, yaitu pemilihan umum. Menilik bahwa urgensi dari pemilu ialah untuk mencapai otoritas secara legal formal dimana rakyatlah yang menentukan kuasa, maka kerap kali para peserta pemilu melakukan segala upaya untuk meraih suara rakyat terutaman dengan menggunakan praktik money politic. Money politic ini sendiri masuk kedalam bentuk pelanggaran pidana dalam pemilu dan telah diatur pada Peraturan Perundangan di Indonesia. ABSTRACT Indonesia is a country that implements a democratic system in the management of its government. In Indonesia's own democratic system, the people hold supreme power. This is as stated in Article 1 paragraph (2) of the 1945 Constitution. Based on this, a system was born that was said to represent democratic principles, specifically elections. Since the urgency of the elections is to achieve formal legal authority where it is the people who determine the power, often the election participants make every effort to achieve the special popular vote using political money practices. This political money itself falls into the form of criminal offenses in elections and has been regulated in the Rules of Perpetual Invitation in Indonesia.  
Politik Hukum dan Reformasi Regulasi: Studi Komparatif Jerman dan Korea Selatan Pebriana, I Kadek Ade; Hasibuan, Fanny Nafisah; Kartika, I Gusti Ayu Putri
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art6

Abstract

This study specifically examines the success of Germany and South Korea in legal policy, which has direct implications for the direction, form, and effectiveness of regulatory governance in respective countries. In that regard, to better understand the role of legal policy in regulatory governance, this study formulates two primary questions. First, how is the legal policy of legislation in Germany and South Korea formulated and implemented? Second, to what extent does this legal policy influence regulatory governance institutions? This study uses a normative legal research method considering the object of study relates to legal norms, principles, and opinions. The approach used is a comparative legal approach, with the basic concept of comparison being to identify similarities, differences, and relationships between the two countries. The theory used as an analytical tool is path dependency theory, to examine the background of legal policy and its implications for the outcomes of legal policy. The results show that strong legal policy encourages the formation of effective and contextual regulatory institutions, capable of addressing specific issues in each country. The Nationaler Normenkontrollrat (NKR) in Germany has successfully increased bureaucratic efficiency, while the Regulatory Reform Committee (PRC) and the Ministry of Government Legislation (MOLEG) in South Korea have ensured regulatory quality by minimizing political interests and increasing public participation. This study concludes that a well-formulated legal policy will create an effective, adaptive regulatory management institution capable of addressing multi-complex and multidimensional socio-economic challenges. Germany has succeeded with its bureaucratic efficiency approach, while South Korea has succeeded with its quality and public participation approach.
Legal Certainty Regarding Home Care Medical Practices Komang Tri Wahyu Utama; I Putu Gede Adiatmika; I Gusti Ayu Putri Kartika
Indonesian Journal of Global Health Research Vol. 8 No. 1 (2026): Indonesian Journal of Global Health Research
Publisher : GLOBAL HEALTH SCIENCE GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37287/ijghr.v8i1.504

Abstract

The practice of home care medicine in Indonesia has experienced rapid growth in line with the increasing demand for home-based health services. However, to date, there are no specific regulations that explicitly govern this practice within the national legal system. This study aims to analyze the legal vacuum surrounding home care and its implications for legal certainty, medical professional accountability, and patient protection. The method used is normative legal research with a legislative and conceptual approach, The data was obtained through the collection and analysis of legal materials, namely: primary legal materials (laws and regulations), secondary legal materials (research journals and books), and tertiary legal materials (legal dictionaries). The results of the study show that home care practices are carried out without a specific legal basis, thereby creating legal uncertainty and the potential for medical ethics violations. The absence of regulations also hinders the integration of these services into the JKN financing system and widens the gap in access to health services. The implications of these findings emphasize the urgency of formulating a comprehensive, adaptive, and inclusive regulatory framework to ensure the quality of home care services, protect patient rights, and strengthen the national health system. The designed regulations need to consider legal, ethical, technological, and social justice aspects in the implementation of home-based medical services.
Legal Aspects of the Use of Artificial Intelligence for Medical Diagnosis Under Law No. 17 Of 2023 on Health and Law No. 27 Of 2022 on the Protection of Personal Data Putu Aditya Sukarendra; Linawati Linawati; I Gusti Ayu Putri Kartika
Indonesian Journal of Global Health Research Vol. 8 No. 4 (2026): Indonesian Journal of Global Health Research
Publisher : GLOBAL HEALTH SCIENCE GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37287/ijghr.v8i4.1825

Abstract

Health is a fundamental human right guaranteed by various international and national legal instruments, including the 1945 Constitution and Law No. 17 of 2023 on Health. The state has a responsibility to provide adequate health facilities and services to achieve the optimal level of public health. With the development of information technology, innovations such as Artificial Intelligence (AI) are beginning to be utilized in the health sector, particularly in medical diagnosis, as they can improve the accuracy and efficiency of services.The use of AI in medical diagnosis is supported by regulations that encourage health technology innovation, yet it also poses various challenges, particularly regarding ethical considerations, trust, accountability, and the protection of patients’ personal data as stipulated in Law No. 27 of 2022. Additionally, the use of AI requires proper risk management to uphold the principles of fairness, transparency, and security.Although regulatory frameworks related to health, technology, and data protection are in place, specific regulations regarding the use of AI in medical diagnosis remain unclear and incomplete. This creates legal uncertainty, particularly regarding liability in the event of a misdiagnosis. Therefore, the development of more detailed regulations is necessary to provide legal certainty and ensure that the use of AI in healthcare services is safe, ethical, and responsible. This study aims to explore the legal aspects of the use of Artificial Intelligence (AI) in medical diagnosis, in light of Law No. 17 of 2023 on Health and Law No. 27 of 2022 on Personal Data Protection. Patient data is a valuable asset that is not only sensitive but also vulnerable to misuse. The integration of AI in diagnosis requires access to large amounts of patient data to train algorithms and improve diagnostic accuracy. This study falls under the category of normative legal research, which focuses on legal norms found in legislation, legal doctrine, and other relevant regulations. It analyzes the legal framework, expert opinions, and relevant case studies to assess how AI can be integrated into the healthcare system while ensuring compliance with data protection regulations and safeguarding patients’ rights. This study investigates the implications of these laws on AI applications in medical diagnostics, with a focus on data security, patient consent, and the ethical use of AI in healthcare. It also examines how AI developers and healthcare providers must navigate these regulations to ensure privacy and transparency. The findings reveal that while this legislation provides a strong foundation for data protection in AI-based healthcare, challenges remain in its implementation.