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All Journal Journal of Research in Social Science and Humanities Asian Journal of Healthcare Analytics
Siregar, Muhammad Azhali
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Religion Arts Humanities Chemistry Economics, Econometrics & Finance Education Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary Other

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Judicial Order in the Examination of the Constitutionality and Legality of Health Financing Norms Rambe, Muhammad Juang; Siregar, Muhammad Azhali; Sembiring, Danioko
Asian Journal of Healthcare Analytics Vol. 3 No. 2 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ajha.v3i2.12583

Abstract

This study examines the role of judicial orders in healthcare financing in Indonesia through decisions by the Constitutional Court (MK) and the Supreme Court (MA). It employs a normative approach with qualitative analysis to explore the role of judicial orders in regulating healthcare financing, focusing on decisions from both MK and MA. The analysis reveals that the MK, through Decision No. 63 of 2012, emphasizes the shared responsibility of the state and individuals in healthcare services, while Decision No. 72 of 2019 upholds the principle of non-regression. The MA, in Decision 7P of 2020, annulled the BPJS premium increase for violating the principle of social justice. This study underscores the importance of legislative responses to judicial decisions to establish a sustainable, fair, and inclusive healthcare financing system aligned with constitutional mandates.
Law Enforcement in Uncovering the Perpetrators of Fraud Crimes Committed by BRI Link Employees Saragih, Elisabeth; Sahlepi, Muhammad Arif; Siregar, Muhammad Azhali
Journal of Research in Social Science and Humanities Vol 5, No 3 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i3.465

Abstract

Law enforcement is a crucial element in maintaining order and justice within society, particularly in addressing increasingly complex fraud crimes involving various parties, including financial institution employees. Fraud committed by BRI Link employees has serious implications for customer trust and the stability of the banking system. This study aims to examine the mechanisms of law enforcement in uncovering the perpetrators of fraud crimes committed by BRI Link employees and to identify the obstacles encountered in the enforcement process. The research employs a normative juridical method with statutory and case approaches. The study finds that the ambiguous legal status of BRI Link agents constitutes a major obstacle to law enforcement. The investigation process often faces challenges such as insufficient physical evidence, the dominance of digital evidence, and limited access to bank data. The complexity of technology and fragmented regulations further hinder investigations. Based on normative jurisprudence, Article 378 of the Indonesian Criminal Code (KUHP) serves as the main legal basis for prosecuting fraud crimes, while the Banking Act and Consumer Protection Act govern the rights and responsibilities of victims. To enhance the effectiveness of law enforcement, regulatory harmonization, investigator capacity building, and inter-institutional cooperation are essential
Legal Analysis of The Legitimacy of Law Enforcement Intelligence Activities by The Indonesian Prosecution Service Based on The Attorney General’s Instruction No. 7 of 2023 in Handling Corruption Cases in Indonesia Rangkuti, Erwin Efendi; Siregar, Muhammad Azhali; Ramadani, Suci
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.472

Abstract

Corruption constitutes an extraordinary crime due to its pervasive and destructive impact on political stability, economic integrity, and the social order of society. In combating this crime, the Office of the Attorney General of the Republic of Indonesia plays a crucial role not only as a public prosecutor but also as an institution vested with the authority to conduct law enforcement intelligence activities. This authority is generally regulated under Law No. 16 of 2004, as amended by Law No. 11 of 2021 on the Prosecution Service of the Republic of Indonesia. However, such provisions remain too general and fail to provide clear technical guidelines regarding the scope, mechanisms, and oversight of prosecutorial intelligence operations. To optimize this function, the Attorney General issued Instruction No. 7 of 2023, which emphasizes the intelligence function of the Prosecution Service in supporting general criminal law enforcement, special criminal acts, and corruption prevention. Nevertheless, the Instruction remains an internal administrative directive with no binding external legal force. This research adopts a normative juridical method, employing statutory, conceptual, comparative, and case study approaches. The findings reveal that the prosecutorial intelligence function is strategically significant in supporting anti-corruption efforts. However, juridical weaknesses persist, potentially resulting in normative conflicts and risks of human rights violations. Therefore, the study concludes that a statutory-level regulation is necessary to strengthen the legality and accountability of prosecutorial intelligence within Indonesia’s criminal justice system.
Co-Authors Ramadani, Suci Rambe, Muhammad Juang Rangkuti, Erwin Efendi Sahlepi, Muhammad Arif Saragih, Elisabeth Sembiring, Danioko