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Contact Name
Mashari
Contact Email
mashari@untagsmg.ac.id
Phone
+6282136150409
Journal Mail Official
jurnalilmiahduniahukum@gmail.com
Editorial Address
Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang
Location
Kota semarang,
Jawa tengah
INDONESIA
Jurnal Ilmiah Dunia Hukum
ISSN : 25286137     EISSN : 27210391     DOI : -
Core Subject :
Jurnal Ilmiah Dunia Hukum (JIDH) diterbitkan oleh Program Studi Hukum Program Doktor Fakultas Hukum Universitas 17 Agustus 1945 Semarang. JIDH merupakan e-jurnal sebagai media publikasi bagi akademisi, peneliti, dan praktisi dalam menerbitkan artikel ilmiah di bidang isue hukum kontemporer. Ruang Lingkup jurnal ini meliputi kajian hukum Pidana, Perdata, Tata Negara, Administrasi Negara, Hukum Internasional, Hak Asasi Manusia, Hukum Adat, dan Hukum Lingkungan.
Arjuna Subject : -
Articles 106 Documents
Legal Analysis of Marriage Agreements After the Constitutional Court Decision Number 69/PUU-xiii/2015 Munawar Arbiyanto; Wahyudi Wahyudi; Ari Nugroho W.; Agung Setya Nugraha; Dewi Sulisyaningsih
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6791

Abstract

This study aims to analyzes changes in the legal status and legal protection of prenuptial agreements before and after Constitutional Court Decision Number 69/PUU-XIII/2015. A comparative approach is used to evaluate the impact of this decision on the regulation of joint property, the rights and obligations of husband and wife, and the legal validation mechanism and legal protection for injured parties. The results show that the Constitutional Court decision expanded freedom of contract by allowing prenuptial agreements to be drawn up during the marriage, thereby strengthening flexibility and legal certainty. Furthermore, the validation mechanism now involves notaries and courts to ensure legality and protection for the weaker party and children. The implications of this decision not only increase justice and gender equality in marriage but also positively impact the business and banking worlds through the separation of personal and joint property. However, challenges such as a lack of publicity and technical guidelines still need to be addressed for this decision to be optimally implemented in family law practice in Indonesia.
Legal Protection for MSMEs as Borrowers in Peer-to-Peer Fintech Lending under on OJK Regulation Number 77/POJK.01/2016 Christmas Petra Keppy; Aurora Jillena Meliala
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6778

Abstract

The development of fintech Peer-To-Peer (P2P) lending services in Indonesia has opened up faster, more flexible, and affordable access to financing for Micro, Small, And Medium Enterprises (MSMEs), but has also given rise to problems of high interest rates, over-indebtedness, and imbalances in borrower bargaining power compared to providers. This study examines the form of legal protection for MSMEs as borrowers in fintech P2P lending services based on POJK Number 77/POJK.01/2016 and the development of interest limit regulations through the AFPI code of ethics, SEOJK Number 19/SEOJK.06/2023, and POJK Number 4/2024. The method used is normative legal research with a normative juridical approach, based on analysis of laws and regulations, literature, and secondary data related to P2P lending practices. The results show that POJK 77/2016 initially only provided preventive and repressive protection based on transparency and complaint mechanisms without explicit interest limits, so it is insufficient to suppress excessive interest practices and total costs. The shift to price-based regulation through formal interest caps strengthens legal protection for MSMEs by limiting the maximum daily economic benefit and total costs, reducing the risk of predatory practices and over-leverage, while maintaining P2P lending’s role as an alternative source of financing for MSMEs.
Legal Standing for Informed Consent During Referral Patient Transportation Sumitra, Syamsul; Aryaningruh, Eunike; Jamaludin, Ahmad
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v%vi%i.6560

Abstract

Informed consent is a fundamental legal and ethical requirement in medical practice, yet its implementation becomes challenging during the transport of referred patients, especially in emergencies when patients cannot provide direct consent. This study analyzes the legal standing and validity of informed consent in referral transport within Indonesian healthcare. Using a normative legal research method, this study examines relevant regulations such as the Health Law, Medical Practice Law, Civil Code, and the Minister of Health Regulation supported by legal doctrines and literature review. The results show that informed consent remains legally significant in-patient transport because the transfer constitutes a medical procedure with inherent risks. Ideally, consent includes explanations of the patient’s condition, referral purpose, transportation risks, and type of medical transport. However, emergency situations often require implied consent under the emergency doctrine. Challenges include limited understanding among families, time constraints, and inconsistent documentation. In conclusion, informed consent in referral transport is essential for protecting both patients and healthcare professionals. Improving SOPs, communication, and documentation systems is necessary to ensure legal compliance and patient safety.
Legal Protection of Health Workers and its Implications for Service Quality and Patient Satisfaction Maya Sari, Vera; Susanti, Reni; Suparman, Odang
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v%vi%i.6562

Abstract

Violence, legal threats, and professional risks faced by healthcare workers in Indonesia remain a concern despite the existence of statutory legal protections. Law Number 17 of 2023 on Health and Law Number 36 of 2014 on Health Workers normatively guarantee legal protection for healthcare personnel, however, empirical studies examining how such protection influences service performance and patient satisfaction are still limited. This study aims to analyze the relationship between legal protection for healthcare workers, service quality, and patient satisfaction at Dr. Achmad Mochtar Bukittinggi Regional General Hospital, with a focus on the mediating role of service quality. The study employs a normative–empirical (socio-legal) research design using a quantitative correlational approach. Data were collected through structured questionnaires from 238 healthcare workers and 800 patients and analyzed using descriptive statistics, Pearson correlation, multiple regression, and mediation analysis. The results show that legal protection is perceived as fairly good, service quality as good, and patient satisfaction as high. Legal protection has a significant positive relationship with service quality, while service quality strongly influences patient satisfaction and mediates the effect of legal protection. The study concludes that effective implementation of legal protection contributes indirectly to patient satisfaction by improving service quality.
Legal Protection of Personal Health Data in Electronic Health Records in Indonesia Arie Hidayat, Teuku; Gede Andi Kurniawan, Dewa; Lany, Arman
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v%vi%i.6561

Abstract

Digital transformation in Indonesia’s healthcare sector, particularly through Electronic Health Records (EHR), has improved efficiency and accuracy in managing patient data. However, protecting personal health information remains a major challenge. This study aims to analyze data protection within the EHR system in Indonesia, particularly in relation to existing regulations, such as Law Number 17 of 2023 on Health and Law Number 27 of 2022 on Personal Data Protection (PDP Law). Using a juridical normative approach and literature review, the study examines relevant legal documents. The research findings show that although regulations related to data protection are quite comprehensive, their implementation on the ground still faces obstacles such as a lack of legal awareness, infrastructure disparities, and limited human resources in hospitals. Furthermore, there is an overlap of authority between the Ministry of Health and the data protection authority, which could create legal gaps. The study recommends developing more specific regulations, strengthening inter-agency coordination, and enhancing hospital capacity to manage patient data security. While Indonesia has a robust legal framework, improvements in technical implementation, supervision, and hospital preparedness are essential to ensure effective protection of patient data within the EHR system.
The Position of Victims in the Restorative Justice Mechanism under the New Criminal Code: Between Legal Protection and Substantive Justice Henny Saida Flora; Berlian Simarmata
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 2 APRIL 2026
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.7096

Abstract

This study aims to analyze the potential problems in the implementation of restorative justice concerning the position of victims within the criminal justice system in Indonesia, as well as to formulate an ideal reconstruction of the victim’s position in restorative justice under the New Criminal Code based on justice and Pancasila values. The research employs a normative legal method with statutory, conceptual, philosophical, and comparative approaches. Legal materials are obtained through library research, consisting of primary, secondary, and tertiary sources, and are analyzed qualitatively using legal interpretation techniques. The findings reveal that the implementation of restorative justice still faces several challenges, including inadequate regulation concerning victims’ rights and protection, regulatory disharmony, the dominance of law enforcement authorities, and a legal culture that has not fully supported substantive justice. These conditions result in victims not being positioned as primary subjects but rather remaining in a vulnerable position within the criminal case resolution process. As a solution, this study proposes an ideal reconstruction of the victim’s position through strengthening legal substance that affirms victims’ rights, harmonizing regulations, limiting the discretion of law enforcement officials, and reinforcing a legal culture oriented toward victim recovery. This reconstruction is grounded in the values of Pancasila, particularly just and civilized humanity and social justice. Therefore, restorative justice is expected to function not only as a mechanism for resolving cases but also as an instrument for achieving substantive justice and comprehensive recovery of victims’ rights.

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