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Gedung C. Fakultas Hukum Universitas Lampung. Jl. Prof. Dr. Sumantri Brojonegoro No. 1 Bandar Lampung, 35145
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INDONESIA
Cepalo
Published by Universitas Lampung
ISSN : -     EISSN : 25983105     DOI : https://doi.org/10.25041/cepalo
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memiliki visi untuk menjadi jurnal ilmiah di bidang ilmu hukum yang sesuai dengan kearifan lokal Provinsi Lampung, yang akan di analisis secara komprehensif dengan perundang-undangan Nasional atau Internasional dan kondisi sosiologis. Misi dari Cepalo adalah untuk mempublikasikan hasil penelitian ilmiah di bidang ilmu hukum baik dalam skala nasional, maupun skala internasional. Cepalo pada dasarnya berisi topik tentang hukum, sistem hukum, hukum dan ekonomi, sosiologi hukum, antrophologi hukum, kebijakan publik, hukum internasional, hukum adat, hukum administrasi, hukum agraria, hukum islam, hukum bisnis, hukum pidana, hukum kesehatan, filsafat hukum, hukum kesehatan, hukum tekhnologi dan budaya. Namun tidak membatasi pokok bahasan mengenai studi hukum komparatif dan tidak menutup kemungkinan bagi penelitian yang bertemakan tentang kearifan lokal.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 105 Documents
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THE ETHICAL AND LEGAL ASPECTS OF HEALTH POLICY ON ELECTRONIC MEDICAL RECORDS IN INDONESIA Larasati, Ta; Fardiansyah, Ahmad Irzal; Saketi, Dwi; Nusa Dewiarti, Azelia
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3634

Abstract

The government has addressed the development of electronic medical records (RME) through Minister of Health Regulation (Permenkes) No. 24 of 2022, ensuring their legality in healthcare facilities across Indonesia. The primary goal is to integrate all patient data, enabling the Ministry of Health to map the health status of Indonesian citizens, including information about various diseases. However, principles related to medical records, particularly confidentiality, must be observed to prevent violations and guarantee the privacy of patient data, reflecting healthcare professionals' ethical responsibilities. The use of electronic medical records raises concerns about potential data leaks, necessitating the establishment of security measures and identification of responsible parties in case of breaches. Research indicates that challenges remain in implementing RME across healthcare facilities, including limited internet access and the lack of preparedness among practitioners, clinics, health centers, and hospitals. Therefore, the Ministry of Health must undertake extensive outreach and training initiatives to address these issues and enhance internet connectivity throughout the country.
INDIGENOUS COMMUNITY EMPOWERMENT POLICY FOR STRENGTHENING NATIONAL MARITIME DEFENSE Puri Maharani, Andina Elok; Leksono, Avivah Firisqi; Shinta Putri, Dyah Erie
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3645

Abstract

Community participation is mandatory as stipulated in Law Number 1 of 2014 which amends Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands. Challenges still occur in the implementation of this regulation, particularly regarding the suboptimal involvement of coastal Indigenous communities in managing their territories. This research examines how coastal Indigenous communities contribute to national maritime defense and how Government policies can empower them to enhance national defense. Utilizing a normative juridical approach, the research reviews and analyzes existing literature. The findings indicate that empowering coastal Indigenous communities plays a crucial role in preserving marine ecosystems, monitoring coastal areas, and identifying maritime threats, thereby strengthening national defense. Effective empowerment requires synergy between the central and regional Governments in policy formulation, ensuring community involvement. The novelty of this research lies in its proposal to formally integrate coastal Indigenous communities as a central element in national maritime defense, thus enhancing Indonesia’s maritime resilience.
LEGAL IMPLICATIONS OF REGIONAL HEAD ELECTIONS WITH A SOLE CANDIDATE: A PERSPECTIVE OF STATE ADMINISTRATIVE LAW Arifin, Firdaus
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3673

Abstract

The phenomenon of sole-candidate regional head elections in Indonesia has posed several challenges to democratic principles, particularly with regard to legitimacy, accountability, and public participation. This research aims to analyze the legal implications of regional head elections with sole candidates from the perspective of Administrative Law and evaluate their impact on democracy. The method used in this study is normative legal research, employing a legal and conceptual approach that includes a detailed analysis of election regulations, legal doctrines, and relevant literature studies. This method provides a robust framework for understanding the interplay between regulatory frameworks and democratic principles. The research findings indicate that elections with a sole candidate have the potential to undermine the legitimacy of the elected leader, reduce political accountability, and decrease voter participation rates. As a result, there is an urgent need to reform the electoral regulatory framework in Indonesia. Key recommendations include lowering the nomination threshold to foster competition, increasing transparency in the nomination process to ensure fairness, and strengthening political education to encourage public participation. These steps aim to enhance the quality of democracy and prevent the recurrence of sole-candidate elections in the future.
A COMPARATIVE ANALYSIS OF THE INDONESIAN AND PHILIPPINE JUDICIAL SYSTEMS: IDENTIFYING THE ROLE OF CUSTOMARY COURTS Kusmayanti, Hazar; Dewi Judiasih, Sonny; Kania, Dede; Sulastri, Dewi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3677

Abstract

Customary dispute resolution institutions in Indonesia and the Philippines serve to provide indigenous peoples with access to justice beyond state courts. This research, employing a normative juridical approach with a descriptive-analytical specification, highlights key differences between the two systems. In Indonesia, customary courts derive recognition from the 1945 Constitution, while in the Philippines, they are explicitly regulated under the Indigenous Peoples’ Rights Act (IPRA) of 1997, leading to greater integration with the national legal system. Indonesian customary courts handle a broader range of disputes, whereas Philippine customary courts primarily focus on land rights and natural resource management. Additionally, Indonesian customary court decisions often face dualism in the application of customary and national law when reviewed by state courts, while Philippine customary court decisions are more systematically recognized and enforced within the formal legal framework.
THE DYNAMIC ROLE OF COMMITMENT AND TRUST IN THE DEVELOPMENT OF JUVENILE REHABILITATION POLICIES Meutia, Intan Fitri; Tresiana, Novita; Assalam, Muhammad Shafwan
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3695

Abstract

This research examines the critical role of commitment and trust in the development of Child Rehabilitation Centers in Indonesia, with a specific focus on the Special Child Development Institution Class II in South Sumatra. It explores child welfare and rehabilitation within the juvenile justice system, highlighting key legal and practical challenges, including the gap between regulatory frameworks and field implementation, inadequate stakeholder coordination, and the absence of standardized rehabilitation procedures. The research investigates stakeholder commitment, encompassing government institutions, policymakers, juvenile justice professionals, and community members, while also analyzing the formation and maintenance of trust and its impact on rehabilitation effectiveness. Using an empirical qualitative approach, data is collected through interviews with correctional officers and children in the institution to capture their experiences, challenges, and expectations, alongside a review of relevant literature, policies, and legal frameworks. This research aims to identify legal barriers in child rehabilitation and propose policy recommendations to strengthen the rehabilitation and reintegration system for children in conflict with the law. The findings offer practical insights for policymakers and practitioners in designing rehabilitation strategies that align with national and international legal standards while safeguarding children's rights within Indonesia’s juvenile justice system.
PRESERVING LAKE POSO THROUGH THE INTEGRATED AND COMPREHENSIVE LEGAL POLICIES Palipadang, Lembang; Sulbadana, Sulbadana; Purnamasari, Andi Intan; Supriyadi, Supriyadi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3704

Abstract

Lake Poso, Indonesia's third-largest lake, faces severe ecological threats that endanger its biodiversity and the livelihoods of local communities. Despite its ecological significance, legal and policy responses remain fragmented, hindering effective conservation. This research employs a normative research method, integrating doctrinal and statutory approaches with qualitative analysis of relevant regulations and scientific literature. Findings highlight critical challenges, including endemic species decline, water quality degradation, climate change impacts, and socio-economic pressures from fisheries decline and unregulated tourism. Governance fragmentation emerges as a central issue, with national laws lacking ecosystem-specific provisions and regional regulations suffering from weak enforcement, limited institutional capacity, and inadequate funding. Drawing on successful conservation models from other Indonesian lakes, this research proposes a framework for integrated legal policies. Key recommendations include watershed management, sustainable fisheries practices, targeted pollution control, climate adaptation measures, and community-based conservation incorporating traditional ecological knowledge. By addressing regulatory gaps and enhancing policy coherence, this research provides a roadmap for Lake Poso’s long-term preservation and sustainable development.
PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION Junaidi, Junaidi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3943

Abstract

Medical malpractice refers to treatment by doctors or healthcare professionals that deviates from established standards or violates legal and ethical norms. However, Article 310 of Law Number 17 of 2023 on Health lacks clarity, as it does not explicitly define mediation as an alternative dispute resolution mechanism or address the resolution of criminal offences arising from medical malpractice. This research aims to propose penal mediation through the tepung tawar tradition as a means to achieve justice and introduce innovative reforms in criminal law. Using a normative juridical approach, which relies on library research and secondary legal sources, this research explores the tepung tawar tradition as a model for resolving medical malpractice cases through penal mediation, enabling amicable settlements that eliminate both civil and criminal liability. Therefore, harmonizing customary law with formal legal frameworks is essential to ensuring broader and more equitable justice in addressing medical malpractice in Indonesia.
JUSTICE OF INHERITANCE RIGHTS FOR WOMEN IN SAHU TRIBE CUSTOMARY LAW: A COMPARATIVE STUDY AND EFFORTS TOWARD HARMONIZATION Rumkel, Nam; La Ode, Muhamad Taufik
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.4027

Abstract

Indonesia's legal pluralism allows customary and national laws to coexist, presenting challenges in inheritance and gender justice. The Sahu Tribe's inheritance system in West Halmahera follows patriarchal, patrilineal principles, where inheritance is restricted to male heirs, leaving women without rights, even in the case of only daughters. This creates gender inequality and contradicts civil law, which guarantees equal inheritance rights. This normative legal research, using a comparative approach, analyzes the alignment of the Sahu Tribe's inheritance system with justice principles and compares it with civil law’s inclusive protection of women’s rights. The study proposes harmonizing customary and national law to create a fairer inheritance system. Findings suggest that civil law intervention, through reinterpretation of customary values, human rights alignment, and shifts in community attitudes, is necessary to reduce gender injustice. A more inclusive, bilateral inheritance codification is needed to preserve customary diversity while ensuring justice, with gender-responsive laws promoting equality and encouraging indigenous communities toward a more egalitarian system.
REFORMING ONLINE DISPUTE RESOLUTION (ODR) REGULATIONSIN GROWING E-COMMERCE FOR LEGAL CERTAINTY AND PROTECTION Rohaini, Rohaini; Anjani, Ega; Rusmawati, Dianne Eka; Wardhani, Yulia Kusuma
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3335

Abstract

Technological advancements have significantly transformed international trade, particularly through the rapid growth of e-commerce, necessitating effective dispute resolution mechanisms. This research adopts a normative descriptive analytical approach to examine Online Dispute Resolution (ODR) as an integration of Alternative Dispute Resolution (ADR) tailored to address disputes arising in the digital marketplace, with a specific focus on its implementation within the Shopee application. The research first outlines the conceptual framework of ODR and its relevance in the e-commerce context, followed by an analysis of Indonesia’s legal landscape, referencing key regulations such as Law No. 8 of 1999 on Consumer Protection, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, and Government Regulation No. 80 of 2019 on Trading Through Electronic Systems. A central contribution of this research lies in its exploration of artificial intelligence (AI) as a problem-solving tool within Shopee’s customer service system, demonstrating how AI can enhance the efficiency, accessibility, and fairness of dispute resolution processes. The research highlights the urgency of establishing a clear regulatory framework for ODR in Indonesia, especially in light of emerging AI-driven solutions that are reshaping the dynamics of e-commerce dispute resolution.
THE IMPORTANCE OF TENURE AND ACCESS RIGHTS FOR INDIGENOUS PEOPLES Hendra, Rahmad; Firmanda, Hengki; Samariadi, Samariadi; Manik, Rahmat GM.
Cepalo Vol 9 No 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no2.3616

Abstract

This research was performed to develop a model of legal protection for tenure rights and Indigenous peoples' access to forests based on local and ecological wisdom in Riau Province. Socio-legal research methods are employed to examine the relationship between law and government policy, with a focus on local and ecological issues. This approach facilitates a more fundamental understanding of the law's substance. Using the normative analysis with interdisciplinary dialogue, in a protection model for public interests over the long term is proposed. The research suggests that cooperation between the public and local or regional governments can be pursued to implement a legal protection model for tenure rights, ensuring that the traditional rights of customary law communities are recognized and upheld within judicial processes. The protection of traditional and constitutional rights of customary law communities has not yet implemented in concrete actions. As a result, the private property rights and access to land in Riau Province are currently protected by the local and ecological considerations..

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