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p-Index From 2021 - 2026
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All Journal Journal of Law, Poliitic and Humanities
Marsudi Dedi Putra
Wisnuwardhana University, Malang
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization Of State Law And Customary Law In Traditional Health Service Practices In Indonesia Teguh Adi Partama; Ida Bagus Tatwa Yatindra; I Putu Hari Jaya Tirta; Marsudi Dedi Putra
Journal of Law, Politic and Humanities Vol. 6 No. 3 (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.v6i3.3145

Abstract

This study aims to analyze the harmonization between state law and customary law in traditional health service practices in Indonesia, identify the forms of incompatibility that occur, and formulate efforts to create harmony between the two legal systems through normative juridical research methods that focus on the study of legal norms, laws and regulations, and doctrines. The data collection technique is carried out through a literature study of primary, secondary, and tertiary legal materials which are then analyzed qualitatively to produce logical and structured legal arguments. The current arrangement of traditional health services has been transformed from Law Number 36 of 2009 to Law Number 17 of 2023 concerning Health which places the practice as an integral part of the national health system. Customary law acts as a living law that provides social legitimacy, regulates practitioner ethics through communal values, and maintains the authenticity of traditional knowledge that has been passed down from generation to generation. Efforts to harmonize are carried out through constitutional recognition of customary law communities and the integration of local norms into formal regulations to ensure security and service standards for communities without erasing cultural identity. This synergy creates dual protection for Indonesia's ethnobotanical wealth from exploitation by outsiders while ensuring that every health practice can be legally and empirically accounted for. Such alignment requires ongoing dialogue between governments, indigenous leaders, and health practitioners to address the challenges of the differences between modern medical methodologies and traditional healing techniques.
Reconstruction of Telemedicine Regulations In The Indonesian Health Legal System Based on A Legal Pluralism Approach Hawreyvian Rianda Seputra; Setyarini; Yuswanti; Marsudi Dedi Putra
Journal of Law, Politic and Humanities Vol. 6 No. 3 (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.v6i3.3146

Abstract

This research aims to analyze the urgency of reconstructing telemedicine regulations in Indonesia using the legal pluralism approach to create legal certainty that is adaptive to the development of digital health technology. The research method applied is normative law with a focus on the analysis of legal texts, laws and regulations, doctrines, and scientific publications related to the health legal system. Literature studies are used as a secondary data collection technique to map the current legal position as well as existing legislative gaps in the practice of remote health services. Qualitative juridical analysis was carried out to formulate normative solutions to strengthen the legal framework of telemedicine to suit the characteristics of legal science and social realities in Indonesia. The results of the study show that the current telemedicine regulations, including Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Permenkes Number 20 of 2019, are still global and delegative, causing uncertainty at the operational technical level. The absence of specific norms regarding remote diagnostic standards, remote therapy procedures, and limitations on non-face-to-face medical measures increases the risk of malpractice and uncertainty of the legal liability of health workers. The protection of patients' personal data has also not been regulated in detail, especially regarding the security mechanism for sensitive medical data and reporting obligations in the event of a digital information breach. Regulatory reconstruction based on legal pluralism is needed to integrate formal positive law, medical professional ethics, and information technology law into one harmonious legal system. Standardization that includes consultation procedures, electronic prescriptions, and effective supervision mechanisms will provide balanced legal protection for patients, medical personnel, and digital platform operators. Adaptive and flexible arrangements ensure that the law remains relevant to technological innovation without compromising the principles of justice and public safety.
Co-Authors Hawreyvian Rianda Seputra I Putu Hari Jaya Tirta Ida Bagus Tatwa Yatindra Setyarini Teguh Adi Partama Yuswanti