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All Journal JOURNAL OF SCIENCE AND SOCIAL RESEARCH JUSTISI Jurnal Analisis Hukum Interdisciplinary Social Studies Arus Jurnal Sosial dan Humaniora Journal of Law, Poliitic and Humanities Jurnal Hukum dan Peradilan SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan Hakamain: Journal of Sharia and Law Studies
Annisa Fitria
Universitas Esa Unggul
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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The Legal Status of the Parties to a Joint Operating Agreement (KSO) Based on the Principle of ‘Pacta Sunt Servanda’ (Case Study: Court Judgment No. 391/Pdt.G./2024/Pn. Jkt.Utr.) Melinda Endarti; Annisa Fitria; Dyah Permata Budi Asri; Rita Alfiana
Journal of Law, Politic and Humanities Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i6.3736

Abstract

An Operational Cooperation Agreement (KSO) is a form of unnamed contract (innominate contract) that has developed in accordance with the principle of freedom of contract as set out in the Civil Code. In practice, KSOs often give rise to disputes due to the failure of the parties to fulfil their rights and obligations. This study aims to analyse the legal status of the Operational Cooperation Agreement (KSO), the forms of breach of contract, and the legal consequences arising therefrom based on Judgment No. 391/Pdt.G./2024/PN Jkt.Utr. The study employs a normative legal method using a statutory approach, a conceptual approach, and a case-based approach. The legal materials used include primary, secondary, and tertiary sources, which were analysed qualitatively through deductive reasoning. The results of the study indicate that an Operational Cooperation Agreement (KSO) is legally binding in accordance with the provisions of Article 1338 of the Civil Code; consequently, the parties are obliged to fulfil the terms of the agreement in good faith. Breach of contract in this case occurred because one party failed to fulfil its agreed obligations, thereby causing loss to the other party. The court’s ruling confirms that a breach of the terms of a contract gives rise to legal liability in the form of an obligation to pay damages in accordance with the provisions of civil law. It is hoped that this research will contribute to the development of contract law, particularly with regard to the resolution of disputes arising from Production Sharing Agreements in Indonesia.
Pertanggungjawaban Hukum Rumah Sakit dan Penyelenggara Sistem Elektronik (PSE) atas Kebocoran Data Rekam Medis Elektronik Eros Syah Warongan; Irman Jaya; Rita Alfiana; Annisa Fitria; Tuti Elawati
SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Vol. 5 No. 4 (2026): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/seikat.v5i4.3475

Abstract

The development of information technology in the healthcare sector has encouraged the transformation of conventional medical records into Electronic Medical Records (EMRs) integrated through the Satu Sehat application. However, this digitalization has raised legal issues concerning the leakage of sensitive electronic medical record data. This study aims to analyze the legal liability of the parties involved, particularly hospitals and Electronic System Operators (ESOs), for data breaches occurring within the system. The study employs the theories of legal protection and legal liability as analytical frameworks. The research method used is normative legal research with statutory and conceptual approaches. The findings indicate that legal liability for electronic medical record data breaches should be determined based on a causality model distinguishing between human error and system failure. Data breaches resulting from weaknesses in electronic systems place ESOs as the predominantly liable party, whereas breaches arising from internal management errors place hospitals as the predominantly liable party. Therefore, the most appropriate liability model within the Satu Sehat application is shared liability. This study concludes that a clear allocation of responsibilities between hospitals and ESOs is necessary. Accordingly, it is recommended that the government strengthen regulatory frameworks and supervisory mechanisms, while the Ministry of Health enhance the security of the Satu Sehat application system.
Co-Authors Adi Nur Rohman Agustinus Nicholas L Tobing Alfiana, Rita Alyana Marsyanda Andre Cardenas Jr. Dyah Permata Budi Dyah Permata Budi Asri Elawati, Tuti Eros Syah Warongan Heru Nugroho Horadin Saragih Irman Jaya Irmanjaya Thaher M. Abyan Mufid Melinda Endarti Mira Kartika Dewi Djunaedi Muhammad Ilham Fauzi Rivaldy Archarelly Rompis Sugeng Sugeng Sugeng Sugeng Yohanes Christopher June Zulfikar Judge Zummiyanuran Habibi