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All Journal Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Ilmiah Dunia Hukum Jurnal Pengabdian Masyarakat Asia Dialogia Iuridica
Afriansyah Tanjung
Universitas Siber Muhammadiyah
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice 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.
Co-Authors Agniya Thahira Farinza Tiara Indani Irawan Malebra Jauhari, Jauhari Moh Lubsi Tuqo Romadhan Muhammad Marizal