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WAHID FATHONI
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Faculty of Law Universitas Muhammadiyah Yogyakarta, 2nd Floor, Gedung Ki Bagus Hadikusumo E-5, Jalan Brawijaya, Tamantirto, Kasihan, Yogyakarta, Indonesia
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INDONESIA
Indonesian Comparative Law Review
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 26552353     EISSN : 26556545     DOI : 10.18196/iclr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Comparative Law Review (ICLR) (ISSN: 2655-2353, E-ISSN:2655-6545 is a periodical scientific-journal published by the Faculty of Law, Universitas Muhammadiyah Yogyakarta in collaboration with the Indonesian Association of Comparative Laws. The journal will be published twice a year in December and June. ICLR’s vision is to be a leading scientific journal in comparative law. ICLR has a unique approach in creating innovative discourse on harmonization among legal systems. ICLR will receive many articles from legal scholars from reputable universities worldwide.
Arjuna Subject : Umum - Umum
Articles 5 Documents
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Search results for , issue "Vol 2, No 2: June 2020" : 5 Documents clear
The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law Baharudin, Syaheera Aina
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2221

Abstract

Medical futility has always been a huge blow to the medical world. While medical practitioners live to save others’ lives, some cases may not be as kind to their honorable intentions. The problems that were posed by medical futility had always spark issues of morality, ethics and laws. The paper aims to address the laws governing any medical practitioner’s actions towards medical futility which is likely to result in the death of the patient. It will look into the current laws of four nations namely Malaysia, England, the United States of America and Indonesia, with special consideration towards Islamic Jurisprudence by referring to the opinions of various scholars and jurists. This paper has come into being through the studies of many literary articles, law cases, analyzing related statutes and studying the common practices of the previously stated nations. The paper had reached some fundamental outcomes which are: Malaysia and its mother land England shares similar practice in which withholding and withdrawal of treatment is considered lawful when faced with medical futility. As for the United States of America, some states adopted laws regulating end-of-life decisions, providing guidelines and proper sanctions for non-compliance which is contrary to Indonesia which do not have a specific regulation in dealing with medical futility cases. From the Islamic law perspective, scholars had advised that heavy consideration should be given according to the Maqasid Syariah by adhering to the hierarchy of fiqh of looking after necessities, then needs, and then embellishments.
Parties to Crime: Development and Comparison Santoso, Topo
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2217

Abstract

This article discusses parties to crime which are an important part of substantive criminal law. This concept is related to the involvement of more than one person in a criminal offence. Problems in participation include its definition, forms of participation, timing of implementation and criminal responsibility of the person involved in the participation. The debate over parties to crime has started from its definition since the formulation the Criminal Code is very short and need interpretation and the differences among the forms of participation. This article also discusses the arrangement of participation in several
The Implementation of the Patient’s Privacy Regulations in The People’s Republic of China Ghozali, Falah Al; Hardyanthi, Try; Fadhilah, Sarah
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2218

Abstract

The right to privacy, especially with regard to personal health condition, seems to be an issue in China. Illegal access to personal information and illegal disclosure of personal information to others constitute the infringement of the Personal Privacy Act. Although the privacy right has been governed under the Constitution since the 1980’s, however, its implementation has not yet been satisfactory due to some reasons. This paper aims to describe the implementation of the patient’s privacy regulations in the People’s Republic of China. This normative legal research employing a descriptive-qualitative method. The study shows that the right to privacy for the patients in China needs to get more attention from government, medical personnel and ruling groups.
Optimizing Personal Data Protection in Indonesia: Lesson Learned from China, South Korea, and Singapore Setiawati, Diana; Hakim, Hary Abdul; Hasby Yoga, Fahmi Adam
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2219

Abstract

Industrial revolution 4.0 offers both opportunities and challenges to all countries, including Indonesia. Personal data protection is necessary to encourage digital innovation. The existing regulation relating to personal data in Indonesia does not give sufficient protection especially with regard to the use of artificial intelligence and therefore is inadequate to encourage digital economic development. This paper aims to explore the importance of strong data protection regulation in Indonesia. This normative legal research employs comparative approach. Comparative study was made upon the development of personal data protection regulation in China, South Korea and Singapore. The study shows that these countries provide good lesson for Indonesia to learn in developing personal data protection regulation.
Protecting the Rights of Mental Health Patients: Comparative Study between Indonesia and Taiwan Wahyu, Muhammad Arizka; Elven, Tareq Muhammad Aziz
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2220

Abstract

The phenomenon of human shackling upon people with mental health disorder are still found in Indonesia. The latest data from Human Rights Watch shows that more than 18,800 people now live in shackled in Indonesia. The paper aims to elaborate the existing regulation on mental health patients in Indonesia and analyze necessary steps to be taken by the Indonesian Government to provide better protection for mental health patients. This normative legal research employs comparative approach. Comparison was made with Taiwan. The study shows that human shackling still persists in Indonesia due to some reasons including the inadequacy of regulations, the lack of mental health hospitals, the shortage of psychiatrists and other mental health providers, as well as the lack of educations.

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