Claim Missing Document
Check
Articles

Found 17 Documents
Search

LEGAL ANALYSIS OF LEGAL PROTECTION FOR GIG ECONOMY WORKERS IN THE INDONESIAN EMPLOYMENT SYSTEM Masitah Pohan; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The development of digital technology has given rise to the gig economy phenomenon, transforming employment patterns within the Indonesian labor system. This work model is characterized by high flexibility and partnership-based employment relationships through digital platforms. However, despite this flexibility, gig workers face various legal challenges, particularly related to unclear employment status and minimal legal protection for basic workers' rights. This study aims to analyze legal protection for gig economy workers within the Indonesian labor system and to assess the suitability of existing regulations to platform-based work practices. The research method used is normative legal research with a statutory approach and a conceptual approach. The legal materials used include legislation, legal literature, and doctrines relevant to employment and the gig economy. The analysis was conducted qualitatively to identify gaps between applicable legal norms and the reality of practice on the ground. The results indicate that legal protection for gig economy workers in Indonesia is suboptimal. This is due to the absence of specific regulations that explicitly regulate the status and rights of gig workers within the labor system. Existing regulations still focus on conventional employment relationships, thus preventing gig workers classified as partners from receiving protections such as social security, a living wage, and job security. Furthermore, dispute resolution mechanisms between workers and platforms have not been comprehensively regulated.
LEGAL ASPECTS OF THE USE OF ARTIFICIAL INTELLIGENCE IN TELEMEDICINE-BASED DIAGNOSIS: BETWEEN AID TOOLS MEDICAL AND CLINICAL DECISION MAKING Kharmaedisyah Putra; Rahmayanti; Donald Rudi Pangaribuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The development of Artificial Intelligence (AI) technology in healthcare has encouraged its use in telemedicine-based diagnosis. In Indonesia, the application of AI in telemedicine raises legal questions regarding the status of AI: whether it is merely a medical aid or has become a determinant of clinical decisions. This study aims to analyze the legal aspects of the use of AI in telemedicine by examining the legal framework, the principles of legal responsibility of medical personnel and healthcare facilities, and the ethical implications for the doctor-patient relationship. The research method used is normative juridical with a limited statutory, conceptual, and comparative approach. The results show that based on Law Number 17 of 2023 concerning Health, Law Number 29 of 2004 concerning Medical Practice, and the Minister of Health Regulation concerning the implementation of telemedicine, AI is not yet normatively recognized as a legal subject, but rather as an instrument or aid in the healthcare process. Clinical decisions remain with the physician as the primary person responsible for medical services. However, the high degree of autonomy of AI systems and doctors' reliance on AI recommendations creates a gray area of ​​legal liability, particularly in the case of misdiagnosis or delayed diagnosis. This study recommends the need for specific regulations (lex specialis) regarding medical AI, standards for AI-assisted medical practice, mechanisms for the feasibility and certification of AI devices, and strengthening informed consent that explicitly includes the use of AI in telemedicine services. This will ensure legal certainty, patient protection, and professional accountability in the era of digital transformation in healthcare services.
THE ROLE OF SOCIAL WORKERS IN CASE RESOLUTION BASED IN THE DIGITAL ERA Rendi Mark Sowaha Duha; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The digital era has brought significant changes to various aspects of life, including the legal case resolution system. Amid this transformation, the role of social workers has become increasingly crucial as a bridge between clients and judicial institutions that now operate based on digital technology. This study aims to analyze the role of social workers in the case resolution process in the digital era, including assistance, mediation, and advocacy. The method used is qualitative research with a case study approach through in-depth interviews, observation, and documentation studies. The results show that social workers have a strategic role in facilitating access to justice for vulnerable groups amidst the digitalization of justice, despite facing various challenges such as the digital divide, technological literacy, and resource capacity. Strengthening the capacity of social workers in the field of information technology is needed, as well as adjusting regulations to accommodate their formal role in the digital justice ecosystem.
LEGAL ANALYSIS OF THE OBLIGATIONS OF ELECTRONIC SYSTEM OPERATORS (PSE) IN PROTECTING THE CONFIDENTIALITY OF ONLINE LOAN BORROWERS' DATA Rahmad Mirad; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Technology-Based Peer-to-Peer Lending Services are a formal form of online lending services initially regulated by POJK No. 10/POJK.05/2022. On the one hand, these online loans make it easier for the public to obtain funds quickly; on the other hand, they also have the potential to harm those involved—for example, the rampant buying and selling of users’ personal data from fintech apps, which recently made headlines on social media. Some sellers of personal data possess thousands to millions of records, including ID cards (KTP), family cards (KK), and even selfies taken with ID cards. Such data breaches should not occur, as personal data within electronic systems is confidential. The research method employed by the author is normative legal research; additionally, this study was conducted using a qualitative approach, focusing on data collection through library research. Electronic System Operators are obligated to maintain confidentiality and security by implementing robust security systems (encryption) to prevent failures in personal data protection. Ultimately, customer data may only be used for the original purpose for which it was collected; Electronic System Operators must not sell or disclose data to third parties for marketing purposes without consent. The misuse of personal data by online lending businesses constitutes an unauthorized act and is explicitly prohibited in the electronic agreement between consumers and the business. Consequently, any actions taken without the consent of both parties constitute a breach of contract and may also be deemed unlawful.
ELECTRONIC MEDICAL RECORD DATA PROTECTION IN DIGITAL HEALTH SERVICES Helviana Hasibuan; Rahmayanti; Poltak Marusaha Tambunan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Digital transformation in the healthcare sector is driving the adoption of electronic medical records as an effort to improve efficiency, service quality, and patient data integration. However, this digitalization also poses risks to the protection of sensitive patient personal data, such as potential data leaks, information misuse, and privacy violations. This study aims to analyze the legal protection provisions for electronic medical records and assess the effectiveness of law enforcement in digital healthcare services in Indonesia. The research method used is normative juridical with a statutory and conceptual approach. The legal materials consist of laws and regulations, scientific literature, and previous research results, which are analyzed qualitatively using descriptive-prescriptive methods. The research results show that, normatively, the protection of electronic medical records is regulated through the Personal Data Protection Law and sectoral regulations in the health sector, which emphasize the principles of confidentiality, security, and accountability of patient data. However, regulatory harmonization remains problematic, particularly regarding the division of legal responsibilities and cross-system data management mechanisms. Furthermore, the effectiveness of law enforcement remains suboptimal due to weak oversight, limited institutional capacity, low legal awareness, and uneven distribution of technological infrastructure. In conclusion, the protection of electronic medical records requires strengthening through regulatory harmonization, increased law enforcement capacity, and enhanced security systems and digital literacy. These efforts are crucial to ensure the protection of patient privacy rights while supporting the development of secure and reliable digital healthcare services.
ANALYSIS OF CRIMINAL RESPONSIBILITY AGAINST THE PERPETRATOR CRIMINAL ACTS OF CORRUPTION IN THE USE OF TECHNOLOGY DIGITAL AS A MEANS OF CRIME Mhd Ihwanuddin Hasibuan; Rahmayanti; Mahadi Siregar
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The rapid development of digital technology has opened up new opportunities for perpetrators of corruption to exploit various digital platforms and systems as a means of committing crimes. This study aims to analyze the forms of criminal liability for perpetrators of corruption who utilize digital technology, review applicable regulations, and formulate comprehensive legal policy recommendations. The research method used is normative juridical with a statutory approach and a conceptual approach. The results show that the use of digital technology in corruption crimes includes the use of virtual accounts, digital cross-border transfers, manipulation of electronic procurement system data, and concealment of assets through crypto assets. Provisions for criminal liability are regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption and Law Number 19 of 2016 concerning Electronic Information and Transactions. The conclusion of this study is that there is a legal gap in handling digital-based corruption that requires comprehensive legislative updates along with strengthening the capacity of law enforcement officers in the field of digital forensics.
CRIMINAL RESPONSIBILITY FOR CRIMES BASED ONARTIFICIAL INTELLIGENCE FROM THE PERSPECTIVE OF INDONESIAN CRIMINAL LAW Hendri Saputra Manalu; Rahmayanti; Tita Rosmawati
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The rapid development of Artificial Intelligence (AI) technology has complex legal implications, particularly in the field of criminal law. Crimes committed using AI systems such as deepfakes, automated cyber attacks, algorithm-based fraud, and data manipulationraises fundamental questions about who should be held criminally responsible. This study aims to analyze the concept of criminal liability for AI-based crimes within the existing Indonesian criminal law framework and identify existing legal gaps (leemten in het recht). The research method used is normative juridical with a statute approach, a conceptual approach, and a comparative approach. The results show that the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) have not been able to optimally address criminal liability for crimes mediated by autonomous AI systems. Comprehensive regulatory reform is needed, including the determination of new legal subjects, the implementation of adapted strict liability and vicarious liability doctrines, and the establishment of a specific legal framework related to AI. This study recommends the drafting of an Artificial Intelligence Bill that explicitly regulates aspects of criminal liability in the AI ​​ecosystem.