Afriansyah Tanjung
Universitas Siber Muhammadiyah

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Legal Protection of Health Workers from a Criminal Law Perspective during the Health Crisis in Indonesia Jauhari Jauhari; Afriansyah Tanjung
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.6080

Abstract

This study aims to analyze the legal protection of health workers in Indonesia, particularly in light of the enactment of Law No. 17 of 2023 concerning Health. Using a normative juridical approach with statutory and conceptual analyses, the research examines the extent to which existing legal frameworks uphold the principles of legal certainty, due process, and the protection of human rights in the health sector. Legal materials include primary (laws and regulations), secondary (legal literature and expert opinions), and tertiary sources (legal dictionaries and encyclopedias). The findings indicate that Law No. 17 of 2023 offers significant normative progress by explicitly mandating state responsibility for the welfare, safety, and professional development of health workers. It encompasses both preventive and repressive legal protections, aligning with Philipus M. Hadjon’s theory of legal protection. However, practical implementation remains uneven, particularly during health crises such as the COVID-19 pandemic, where health workers experienced verbal abuse, legal threats, and inadequate support. The research concludes that while the legal substance has been improved, the effectiveness of protection depends on concrete implementation mechanisms, such as detailed regulations, supervisory systems, reporting mechanisms, and institutional support at local levels. It recommends the issuance of derivative regulations granting limited legal immunity in emergencies, establishment of legal aid units in health facilities, legal literacy training for health professionals, and a stronger culture of state and societal protection. These steps are essential to ensure that health workers can fulfill their roles safely and ethically, especially during increasingly complex public health emergencies.
The Hidden Cost of Creativity: How Poster Design Competitions Facilitate Economic and Moral Rights Appropriation in Indonesia Afriansyah Tanjung
Dialogia Iuridica Vol. 17 No. 2 (2025): Dialogia Iuridica Journal Vol. 17 No. 2 Year 2025
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v17i2.11692

Abstract

Design competitions have become a prominent avenue for students and emerging designers in Indonesia to gain visibility, yet the copyright terms embedded in these contests often conceal significant legal and ethical risks. This study investigates whether poster design competitions genuinely empower creators or instead function as mechanisms for the systematic appropriation of economic and moral rights. Using an empirical legal research methodology with qualitative online ethnography, the study observes competition cycles across ministries, local governments, universities, and private institutions. Competition guidelines, terms and conditions, and post-competition publications were coded to identify patterns of copyright transfer, exclusivity obligations, and moral rights waivers, these findings were interpreted against Indonesia’s 2014 Copyright Law and broader socio-legal scholarship. The analysis reveals that many competitions require participants to automatically transfer full copyright ownership merely by submitting their work without a valid written agreement rendering such transfers legally defective. Moreover, several competitions implicitly or explicitly demand waivers of moral rights, which are inalienable under Indonesian law. These practices compromise fair attribution, limit portfolio development, and disadvantage young designers who rely on credited works for career advancement. Rather than fostering creativity, many competitions replicate power imbalances and extract value from creators without adequate recognition or compensation. By exposing how design competitions blur the line between opportunity and exploitation, this study invites deeper reflection on the governance of creative labor in Indonesia. The findings underscore the need for clearer contractual safeguards and regulatory oversight to ensure that competitions operate ethically, legally, and in genuine support of creative development.