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All Journal Justitia et Pax South East Asian Journal of Advanced Law and Governance
Stogmuller, Katharina
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Law, Crime, Criminology & Criminal Justice

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A Critical Review of Indonesia’s Health Law and Its Implementing Regulations: Strengths and Challenges Puspita, Anita Arum; Maryanti, Salza Putri; Wardani, Anggun Retno; Jasinta, Indri; Stogmuller, Katharina
South East Asian Journal of Advanced Law and Governance (SEAJ-ALGov) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.19387

Abstract

This research explores the impact of Indonesia's Health Law Number 17 of 2023, particularly the removal of mandatory spending provisions and the introduction of Government Regulation Number 28 of 2024, which has led to significant public discourse. Utilizing normative legal methods with a conceptual and statutory approach, the study evaluates the alignment of these changes with the Indonesian Constitution, specifically Article 28H paragraph 1 and Article 34, as well as their compatibility with societal norms and values. The findings indicate that the abolition of mandatory spending may hinder equitable access to healthcare, despite the intention to enhance fiscal flexibility through program-based budgeting. Additionally, Article 103(4)(e) of the regulation, which addresses the provision of contraceptives for adolescents, has raised concerns due to its ambiguity and perceived misalignment with cultural and moral standards in society. This research highlights the critical need for policies that are not only legally sound but also contextually appropriate and responsive to societal needs, offering insights into the challenges of health policy reform in Indonesia.
KOMITMEN INDONESIA DALAM PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG BERDASARKAN INSTRUMEN HUKUM INTERNASIONAL Stogmuller, Katharina
Justitia et Pax Vol. 41 No. 2 (2025): Justitia et Pax Volume 41 Nomor 2 Tahun 2025
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v41i2.10331

Abstract

This research focuses on human trafficking in Indonesia. The Indonesian government has ratified several international agreements such as the United Nations Convention Against Transnational Organized Crime (UNCTOC), Protocol to Prevent, Suppress and Punish Trafficking in Person, Especially Women and Children (Palermo Protocol), Protocol against the Smuggling of Migrants by Land, Sea, and Air, ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). However, cases of human trafficking agreements involving Indonesian citizens still show significant numbers. This research uses a normative legal research method, focusing on international agreements adopted by the Indonesian government, including multilateral, regional,  bilateral agreements, and memorandum of understanding (MoU) that relate to the prevention and handling of human trafficking. This research finds out that although the Indonesian government has undertaken various efforts to prevent human trafficking the effectiveness of their implementation remains constrained.
Co-Authors Jasinta, Indri Maryanti, Salza Putri Puspita, Anita Arum Septiarahma, Fadilah Utamie, R. Aj. Nindya Rizky Wardani, Anggun Retno