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All Journal Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI)
H, Hufron
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Penyalahgunaan Data Pribadi Pasien Dalam Rekam Medis Oleh Tenaga Medis/Tenaga Kesehatan Rumah Sakit Setiawan, Dion Putra; H, Hufron
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14281661

Abstract

Misuse of patient personal data in medical records by medical personnel or health workers in hospitals is a very crucial problem from a legal perspective, because it is directly related to violations of the right to privacy and protection of personal data. Medical records, which contain highly sensitive health information, have strong legal protection at both national and international levels. In Indonesia, Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) provides a legal basis for managing and protecting patient personal data, including medical data. Misuse of data can take the form of unauthorized access, disclosure of data without permission, or use of data for personal interests. This criminal act of misuse of personal data has serious legal impacts, both for the medical personnel concerned and hospitals as health service providers. This research aims to analyze forms of misuse of patient personal data in medical records by medical personnel and health workers, as well as examine the legal implications that arise, including administrative and criminal sanctions in accordance with applicable regulations. Apart from that, this research also discusses preventive measures that can be implemented by hospitals to prevent these violations from occurring, such as implementing an adequate security system and understanding legal obligations regarding the protection of patient personal data.
Pencatutan Kartu Tanda Penduduk Tanpa Persetujuan yang Dilakukan Oleh Calon Kepala Daerah Sebagai Tindak Pidana Pemilu Rahma, Balgis Faradillah Aulia; H, Hufron
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14523904

Abstract

The unauthorized use of Electronic Identity Cards (KTP-el) by regional head candidates is a serious issue that threatens the integrity of elections in Indonesia. This practice involves the use of citizens' personal data without consent to meet the support requirements for independent candidates in regional head elections (pilkada). According to Article 185A paragraph (1) of Law No. 10/2016, this act is classified as a criminal offense with a minimum imprisonment of 36 months and a maximum of 72 months, and a fine of at least IDR 36 million and a maximum of IDR 72 million. If the violation is committed by election organizers, the penalty is increased by one-third of the maximum penalty. Additionally, the unauthorized use of KTP-el also violates the Personal Data Protection Law (UU PDP), which mandates that personal data controllers must protect personal data during processing. Violations can result in criminal penalties of up to 5 years imprisonment and/or fines of up to IDR 5 billion, as well as administrative sanctions such as written warnings, temporary suspension of all data processing activities, deletion or destruction of personal data, and administrative fines. This study highlights the importance of strict law enforcement against unauthorized use of KTP-el to maintain public trust in the democratic process. Furthermore, education and socialization are needed to inform the public about their rights regarding personal data and the importance of reporting violations. Thus, it is hoped that elections can be more transparent, fair, and democratic.
Mekanisme Tanggung Jawab Pers Atau Media yang Menyebarkan Berita Bohong atau Informasi Menyesatkan Selama Masa Pemilu Prasetiyo, Ricy Budiman; H, Hufron
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 5 (2025): Volume 3, Nomor 5, June 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15729251

Abstract

The spread of fake news or hoaxes through mass media, particularly during election periods, can potentially disrupt public order and undermine the integrity of democracy. This study aims to examine the forms of legal protection governing the responsibilities of the press in preventing the spread of fake news in Indonesia. The method used is a normative juridical approach by studying statutory regulations and related documents. Study results show that legal protection against the spread of fake news has been regulated through several legal instruments, among them the Law Number 40 of 1999 on the Press which guarantees the freedom of the press yet obliges the presentation of accurate and non-misleading information; the Journalism Code of Ethics which governs the standards of journalistic work ethics; as well as provisions in the Information and Electronic Transactions Act (UU ITE) and the Criminal Law Book (Criminal Code) that provide a criminal basis for the dissemination of fake news causing trouble. Additionally, the Press Council plays a role in providing legal protection through press dispute resolution mechanisms as well as education towards the media. These legal protections are not only repressive through sanctions, but also preventive through ethical regulation and institutional oversight. Thus, the responsibility of the press in preventing fake news is not only anchored on the principle of freedom, but also subject to legal corridors in the public interest.
Co-Authors Prasetiyo, Ricy Budiman Rahma, Balgis Faradillah Aulia Setiawan, Dion Putra