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All Journal Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Ilmiah Dunia Hukum Jurnal Pengabdian Masyarakat Asia Law_Jurnal Jurnal IPTEK Bagi Masyarakat Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Dialogia Iuridica
Afriansyah Tanjung
Universitas Siber Muhammadiyah
Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Mechanical Engineering Physics Public Health Social Sciences Other

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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.
Integrating Accountability, Governance, And Legal Risk: Lessons Learned From The Efishery Business Model Afriansyah Tanjung; Agniya Thahira; Farinza Tiara Indani; Moh Lubsi Tuqo Romadhan
Jurnal Pengabdian Masyarakat Vol. 7 No. 1 (2026): Jurnal Pengabdian Masyarakat
Publisher : Institut Teknologi dan Bisnis Asia Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32815/jpm.v7i1.2833

Abstract

Purpose: This paper aims to explicitly analyze the complex challenges of accountability, corporate governance, and legal risk faced by the Indonesian agritech unicorn, eFishery, as it manages rapid growth. The study addresses critical issues like alleged financial fraud, miscommunication, and resulting trust deficits, highlighting the imperative for transparent and accountable management to ensure sustainable growth in the agritech sector. Method: The research employs a descriptive qualitative approach with a case study design. Data was collected from secondary sources, including primary legal materials (e.g., Civil Code, UU ITE, OJK regulations) and secondary legal materials (e.g., journal articles, media reports). Content analysis with a thematic focus on accountability, governance, and legal risk was used for data analysis. Practical Applications: The findings offer crucial lessons learned and policy recommendations for other technology-based startups in Indonesia and the wider startup ecosystem. It emphasizes the practical steps of strengthening governance structures, enhancing transparency, and implementing robust internal oversight to build legally compliant and sustainable business models. Conclusion: The study concludes that integrating accountability and transparency from the early stages of growth and implementing Good Corporate Governance (GCG) are key to mitigating risks and ensuring eFishery's long-term sustainability. Governance failures, including ineffective oversight and a less assertive Board of Commissioners, must be addressed to maintain integrity and stakeholder trust.
The Ambiguity of Criminalizing Business Decisions: An Analysis of Legal Realism and the Business Judgment Rule in Supreme Court Decision Number 121 K/Pid.Sus/2020 Afriansyah Tanjung; Muhammad Marizal; Irawan Malebra
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol. 15 No. 1 (2026): Repertorium
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v15i1.5411

Abstract

The phenomenon of criminalizing business decisions within State-Owned Enterprises (SOEs) shows that there is a serious tension between the logic of corporate governance and the goal of eradicating corruption. The Supreme Court Decision No. 121 K/Pid.Sus/2020 regarding the acquisition of BMG Australia by PT Pertamina (Persero) is an example of how managerial actions carried out through legitimate corporate procedures can be construed as criminal acts because they lead to state losses. This study aims to analyze the ambiguity of the criminalization of business risk through a doctrinal legal approach combined with the perspective of legal realism. The research method uses a conceptual analysis of the Business Judgment Rule as a standard of accountability of the board of directors in decision-making, as well as a case approach to the Supreme Court's legal considerations with qualitative analysis techniques based on juridical reasoning. The results of the study show that judges emphasize more on the results of decisions in the form of state losses as an indicator of error, so that the line between economic risk and unlawful acts becomes blurred. This condition poses a potential chilling effect that can hinder the courage of the board of directors in carrying out business strategies in risk-intensive SOEs. This research contributes to the need to reformulate the application of Business Judgment Rule in corporate corruption cases to prevent excessive criminalization of business decisions that are not based on malicious intent or conflict of interest.
Reconstructing the Likelihood of Confusion Parameter in Indonesia’s First-to-File System: A Comparative Legal Analysis (EUIPO and USPTO) Lanang Febria Galing; Afriansyah Tanjung
Law Jurnal Vol 7, No 1 (2026)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lj.v7i1.8710

Abstract

This study aims to reconstruct the likelihood of confusion parameters within Indonesia’s first-to-file trademark system. The main issue raised is the normative gap in Article 21 of the Trademark Law and Ministry of Law and Human Rights Regulation No. 67 of 2016 on Trademark Registration, which results in legal uncertainty and inconsistency in examiners decisions when assessing “substantial similarity.” This article employs doctrinal legal research using a comparative legal approach. The analysis compares Indonesian parameters with the EUIPO’s sequential test and the USPTO’s 13 DuPont factors. An emulation and hybridization approach is used to extract the best principles from both jurisdictions to design a new adaptive framework for Indonesia. The study found that the absence of a hierarchy for visual, phonetic, and conceptual assessments in Indonesian law creates excessive discretion that disadvantages applicants, particularly SMEs. Case studies of Y&N Skincare and LEGAWA Abon Gulung Premium demonstrate that vague parameters result in inconsistent rejections. Conversely, EUIPO and USPTO offer measurable and transparent assessment matrices. To strengthen legal certainty within the first-to-file system, Indonesia needs to transform the “substantial similarity” doctrine into a measurable likelihood-of-confusion parameter by hybridizing the European Union’s sequential test approach with the United States’ market-factor analysis. This restructuring is crucial for aligning national trademark registration practices with international protection standards.
Protecting Start-Up Workers: Social Security and Decent Employment in the Gig Economy Era Agusmidah; Holongi Theonia Lampungu Sitorus; Fithriatus Shaliha; Afriansyah Tanjung; Arum Anggraeni Maulida
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.17991

Abstract

The growth of start-ups in Indonesia in the GIG economic era brings new challenges related to social security protection for workers. This study aims to examine the legal protection of start-up workers in obtaining social security and decent working conditions, especially in the context of the risk of losing their job. The main problem raised is the lack of optimal regulations that protect startup workers who are generally informal and do not have formal employment relationships. The research method used is a normative legal method with a statute and conceptual approach, using primary, secondary, and tertiary legal materials. The results show that startup workers face high vulnerability to termination of employment (PHK) without adequate social security protection. Although there is a unemployment benefits program through the Job Creation Law, its implementation is not inclusive of non-formal workers. This study concludes the need for regulatory changes to be more inclusive, as well as the need to recognize the status of startup workers in the social protection system. Collaborative efforts between governments, startups, and digital platforms are essential to expand social security coverage, to ensure decent working conditions for all workers in the digital age and GIG economy.  
Community Empowerment Through Digital Literacy Education, Entrepreneurship, and Local Economic Governance Based on Community Service Programs Khairina Eka Setyaputri; Afriansyah Tanjung; Agniya Thahira; Desy Eliana; Devi Wulandari
Jurnal IPTEK Bagi Masyarakat Vol 5 No 3 (2026)
Publisher : Ali Institute of Research and Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55537/j-ibm.v5i3.1625

Abstract

The gap in digital literacy capacity, entrepreneurship, and local economic governance remains a structural challenge faced by most Indonesian communities, particularly micro, small, and medium enterprise (MSME) actors, Village-Owned Enterprise (BUMDes) managers, and communities with limited access to quality education. This article aims to describe, analyze, and document the effectiveness of four University-Based Community Service (PBMU) programs implemented by Universitas Muhammadiyah Siber (SiberMU) during the November–December 2025 period. The four programs encompass plant-based entrepreneurship training, BUMDes governance training, digital literacy education on the brain rot phenomenon, and the development of an online Learning Management System (LMS) platform at 4u.mooc.or.id. A descriptive qualitative case study approach was employed, with data collected through pre-tests, post-tests, participatory observation, and participant satisfaction surveys. The results indicate that participants' technical competence in entrepreneurship improved by over 80%, understanding of BUMDes governance was significantly strengthened, digital literacy awareness increased among more than 100 webinar participants, and the LMS platform was successfully launched with eleven free e-courses accessible to the wider public. The study concludes that a multidisciplinary, online, and outcome-oriented community service approach can produce measurable transformative impacts on target groups, and recommends strengthening post-program mentoring mechanisms and multi-stakeholder collaboration to sustain long-term program outcomes.
Co-Authors Agniya Thahira Agusmidah Arum Anggraeni Maulida Desy Eliana Devi Wulandari Farinza Tiara Indani Fithriatus Shaliha Holongi Theonia Lampungu Sitorus Irawan Malebra Jauhari, Jauhari Khairina Eka Setyaputri Lanang Febria Galing Moh Lubsi Tuqo Romadhan Muhammad Marizal