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All Journal Nusantara: Journal Of Law Studies Journal of Sustainable Development and Regulatory Issues
Henning Glaser
Unknown Affiliation
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health

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Combating Digital Defamation: Regulations, Challenges and Protecting Reputation Anis Mashdurohatun; Sugihartono, Bambang; Nurul Masrifah; Arief Indra Kusuma Adhi; Henning Glaser
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.147

Abstract

Indonesia regulates digital defamation through the ITE Law; however, the existing framework remains inadequate because it fails to achieve a balanced integration of reputation protection, freedom of expression, legal coherence, institutional coordination, and public awareness. This research aims to analyze regulatory inadequacies on digital defamation, identify weaknesses in the existing framework, and propose a justice-based reconstruction for Indonesia’s legal system. Employing a constructivist paradigm, this study adopts a socio-legal research approach with a descriptive type of analysis. Data were derived from secondary sources, including primary, secondary, and tertiary legal materials, collected through library research and analyzed qualitatively. The research demonstrates that Indonesia’s regulation of digital defamation remains unjust because it fails to adequately protect citizens’ right to express opinions without surveillance, restriction, or silencing. Substantively, lawmakers must critically reconsider Article 45 paragraph (4) of the ITE Law to ensure fair and consistent enforcement. Structurally, law enforcement institutions must strengthen coordination between the police, prosecutors, and judiciary to address weak institutional synergy. Culturally, policymakers and stakeholders must expand public dissemination of the ITE Law to improve legal understanding across society. Based on these findings, the study concludes that reconstructing the regulation of digital defamation requires embedding justice-oriented values into both legal norms and enforcement mechanisms, particularly through reforming Article 27A and Article 45 paragraph (5) of the ITE Law.
Reconstruction of Legal Protection for Nurses in the Provision of Hospital Nursing Care Based on Restorative Justice Endro Haksara; Shohibul Hilmi; Elyani; Jaka Kusnanta; Henning Glaser
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18357611

Abstract

Nurses play a central role in the delivery of healthcare services in hospitals, yet they remain vulnerable to legal risks arising from nursing practices, including allegations of malpractice and professional misconduct. Existing legal protections for nurses tend to emphasise punitive and procedural approaches, often neglecting principles of fairness, proportionality, and relational justice. This study aims to reconstruct the legal protection framework for nurses in the provision of hospital nursing care, grounded in the restorative justice approach. Employing a normative juridical research method, this study analyses statutory regulations, professional standards, court decisions, and relevant legal doctrines concerning nursing practice and health services. The findings reveal that current regulatory frameworks inadequately accommodate restorative mechanisms, resulting in legal uncertainty and psychological vulnerability for nurses during professional practice. This study proposes a restorative justice–based regulatory reconstruction that prioritises dialogue, accountability, victim recovery, and professional rehabilitation while maintaining patient safety and public trust. The reconstruction model emphasises mediation, proportional responsibility, and institutional support mechanisms as integral components of legal protection for nurses. This study contributes academically by offering a conceptual and normative framework for integrating restorative justice into nursing law and, practically, by providing policy recommendations for more humane, balanced, and sustainable legal protection in hospital nursing care.
Co-Authors Anis Mashdurohatun Arief Indra Kusuma Adhi Elyani endro haksara Jaka Kusnanta Nurul Masrifah Shohibul Hilmi Sugihartono, Bambang