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Journal of Law and Policy Transformation
Published by Universitas Internasional Batam
ISSN : -     EISSN : 25413139     DOI : -
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 307 Documents
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Personal Data Protection in Telemedicine: Comparison of Indonesian and European Union Law Jannah, Miftahul; Amboro, F. Yudhi Priyo; Shahrullah, Rina
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.8827

Abstract

Telemedicine allows patients to receive remote medical consultation, diagnosis, and treatment through a digital platform. However, with the development of telemedicine, personal data protection has become one of the main concerns. This research aims to compare the regulation of personal data protection in telemedicine services in Indonesia and the European Union. The type of research in this scientific article is Normative Juridical Research with a comparative legal approach. The data sources obtained in this paper are primary data and secondary data. The data collection method is a literature study. The data analysis method in this paper uses a qualitative approach. The results show that personal data protection in Indonesia is regulated by Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). While in the European Union, Personal Data Protection is regulated in the General Data Protection Regulation (GDPR) which regulates the collection and use of personal data by organizations. Some similarities in personal data protection in both telemedicine in Indonesia and in the European Union are that the same consent requires telemedicine providers to obtain clear and explicit consent from patients. Both telemedicine providers must not disclose the patient's personal data to third parties without the patient's consent. Telemedicine providers to implement security measures to protect patient personal data. Both Indonesia and the European Union give patients the right to access, correct, delete, and limit the use of their personal data
Comparison of Carbon Trading in Asean Countries: An Explanation From a Policy Perspective Rafiqi, Ilham Dwi; Mentari, Nikmah
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9044

Abstract

Along with the threat of the climate crisis, countries in the world are starting to make efforts to mitigate and adapt to climate change. This commitment is outlined in the Earth Summit, Kyoto Protocol and even the Paris Agreement. One form of effort is to carry out carbon trading as an economic instrument in controlling climate change. In the course of its implementation, carbon trading can actually give rise to problems of conflict, evictions, violations of human rights, and even an increase in carbon emissions, especially for developing countries as carbon providers/carbon offsets. Thus, an assessment needs to be carried out to find out the source of the problem. This article aims to examine carbon trading policies in ASEAN countries in an effort to find comparisons as well as existing shortcomings or problems. The method used is normative legal research with a statutory approach and a comparative approach to examine differences in policies from each country. It is hoped that this article can provide a contribution in the form of an analytical picture and information that can help the government to continue to make improvements through economic instruments to control climate change.
Enacting Blue Economy in Indonesia: Addressing Climate Change within Global Legal Framework Sabatira, Febryani; Davey, Orima; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

The World Bank has launched a maritime economic-environmental strategy referred to as the blue economy. This strategic initiative places a strong emphasis on sustainability in marine economic endeavors, aiming to generate both economic and social benefits while protecting the lasting integrity of marine ecosystems amidst the challenges of climate change. The core objective of the blue economy is to notably improve human welfare and social equity while simultaneously reducing environmental risks and ecological scarcities. The relevance of the blue economy concept is especially pronounced in countries with extensive water bodies, such as Indonesia. As an archipelagic state, Indonesia holds significant promise for the development and utilization of marine resources. Leveraging this economic potential holds the potential to create new job opportunities, enhance food security, and support the sustainability of global marine ecosystems. In this regard, adopting a blue economy strategy emerges as a compelling approach to achieve these objectives, especially given that a significant portion of Indonesia's population relies on traditional fishing for their livelihoods. The upcoming research aims to explore two fundamental aspects: firstly, the regulatory framework of the blue economy in relation to climate change, adhering to international legal standards; and secondly, the practical implementation of the blue economy in addressing climate change challenges specific to Indonesia. This research employs a normative research methodology, characterized by a problem-solving approach structured across a series of defined stages.
Judge Independence in Criminal Imposition Below The Special Minimum Case of The Criminal Action of Corruption Shafira, Maya; Achmad, Deni; Pitaloka, Diva; Jumadi, Joko; Silvia Riani, Rahmawati; Ernawati, Ninin
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

The inclusion of a specific minimum crime in the Law on the Eradication of Criminal Acts of Corruption is intended to prevent a very striking disparity of sentencing, both for the same case in the context of deelneming, as well as for different cases but the types of offenses involved. the ratio decidendi of the judge's decision that imposes a criminal under a special minimum in corruption cases. Judges who impose criminal penalties under the special minimum criminal threat on decisions on corruption cases, the authors of the analysis assume that the degree of guilt of the accused is not directly proportional to its dangerous act and will be very disproportionate between the act and the punishment that will be given to the defendant of a criminal act of corruption, so that in the name of "Justice" the judge carries out contra legem or legal breakthroughs against the provisions of the special minimum criminal threat in the Law on the Eradication of Criminal Acts of Corruption. The independence of judges and the conviction of judges in imposing criminal penalties under a special minimum penalty in cases of criminal acts of corruption are reflected in legal reasoning in the judge's decision.
Indonesia's Contribution to The Development of International Climate Law (Judicial Analysis of The Implementation And Development of International Climate Law in The Riau Islands Province Region) Hidayah, Luthfia; Shahrullah, Rina Shahriyani; Girsang, Junimart
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

The Indonesian state has made an important contribution to the development of international climate law by implementing efforts to reduce greenhouse gas emissions and protect environmental sustainability. By collaborating with other countries, Indonesia has also actively participated in negotiations on global agreements on climate change. Indonesia has also implemented regulations and programs for greenhouse gas emissions and deforestation, prioritizing ecosystems, which aim to improve ecosystem balance through sustainable forest and land management. Indonesia has pledged its commitment to overcoming climate change, remembering that Indonesia has peat soil and is rich in natural energy sources that can be used as renewable energy sources, developing renewable energy is a substitute for reducing fossil fuels that trigger greenhouse gas emissions. Indonesia has also developed an action concept aimed at reducing emission problems by up to 29% by 2030. RAN GRK is integrated through national agendas such as Nawacita and RAN (National Action Plan). In conducting research, the author uses normative legal research methods by accumulating information in the form of legal products. And with cooperation from developed countries as the largest contributors to gas emissions, developing countries should be able to collaborate well in carrying out efforts to develop international climate legislation.
Preventing Illegal Apple Imports: How BP Batam Contributes in Free Trade Zone Silviani, Ninne Zahara; Febriyani, Emiliya; Hartono, Adi
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

Batam is recognized as one of the regions within the Riau Islands Province designated as a Free Trade Zone (FTZ) in Indonesia due to its strategic positioning along international shipping routes. As a border region of Indonesia, it encounters challenges typical of other border areas, closely linked to issues of order, security, and national integrity. Moreover, within Batam, which serves as both a border area and an FTZ, a persistent issue revolves around the prevalence of illicit activities and the smuggling of foreign-origin products. The smuggling of electronic goods in Batam is driven by market demands beyond the city, seeking electronic items at comparatively lower prices than those in other regions. The lack of public awareness regarding the implications of purchasing illegal or smuggled goods constitutes a significant impediment to the eradication of illicit smuggling in Indonesia. This research employs the doctrinal or normative legal research method, utilizing secondary data obtained through a comprehensive review of literature such as books, journals, articles, and other relevant sources, including online resources. The choice of normative legal research method is justified by the research's objective, which aims to analyze the law from the perspectives of three fundamental legal values: justice, utility, and certainty. The findings of this research affirm that despite the legal regulations governing the criminal offense of smuggling and associated sanctions outlined in the legislation, the oversight implementation by BP Batam has not been entirely effective. This is evidenced by the continued occurrence of smuggling activities in Batam, attributed to various challenges encountered by BP Batam in their enforcement endeavors.
Health Security Protection For Indonesian Migrant Workers: A Ministerial Regulation Perspective Puspitasari, Eva
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

Migrant workers are an asset for the country because they make many good contributions to the country. Just like other citizens, migrant workers have the right to access social security, especially health, in their country of placement. However, in reality access to health insurance in the host country is still limited due to the absence of technical regulations that specifically regulate this situation. Apart from that, the current policies are not yet able to protect migrant workers due to the lack of clarity regarding technical protection, which affects migrant workers' compliance in paying mandatory health insurance contributions. Therefore, this research will discuss in more detail the provision of social health security for migrant workers. The formulation of the problem studied in this research is what is the ideal health insurance protection policy for Indonesian Migrant Workers abroad? And how to strengthen the commitment to protect the health insurance of Indonesian Migrant Workers abroad in their country of placement? The research method used in this research is a normative legal method with statutory, case and conceptual approaches. This research finds that current policies do not provide good access for migrant workers, so policy reformulation is needed, one of which is a direct payment method from the government to the placement country. The strategy to strengthen commitment that can be carried out to provide good access to migrant workers is to make improvements in the legal system which includes substance, law enforcement and legal culture.
The Legal Advantages Of Blockchain Technology For Notary Protocol Archives Kridawidyani, Widya; Indradewi, Astrid Athina; Sugianto, Fajar; Michael, Tomy
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

This paper discusses the legal advantages of using blockchain technology for notary protocol archives in Indonesia. This research is normative legal research. It uses primary and secondary legal materials to analyze the blockchain technology for notary protocol archives. With the development of information technology, notary services are inevitably shifting to electronic services, known as cyber notaries. The Notary Protocol is considered a state document and must be treated as such, stored, and kept authentic according to Law of Republic of Indonesia Number 30 of 2004 concerning Notary. Even if the notary who owns the protocol is on leave or dies, the protocol is categorized as a State Archive and is subject to Law of Republic of Indonesia Number 43 of 2009 concerning Archives. Blockchain technology offers a decentralized way of digital archiving.
Legal Analysis Of Testament Wajibah For Interfaith Heirs (Case Study: Religious Court Decision No.0554/PDT.P/2023/PA.Sby) Pitaloka, Diva; Jumadi, Joko; Putra, Muhd. Hamka Maha; Ridwan, Ridwan; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

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Abstract

There are 3 (three) conditions that must be met in order to become an heir as regulated in Article 171 letter c of the Compilation of Islamic Law (KHI) namely that an heir is a person who at the time of death, he was related by blood or marriage to the testator, was a Muslim and was not prevented by law from becoming an heir. As in case number 0554/Pdt.P/2023/Pa .Sby. In this decision the Panel of Judges granted the applicant's request and determined the applicant to be a mandatory testator. This research method is  normative legal research, conceptual approach and case approach. The result states that the judge granted the Petitioner to be the Legal Heir as a Testament Wajibah even though he had a different religion from the Muslim heir due to consideration of justice. Judges are not mouthpieces of the law, so for the sake of 'justice' judges carry out legal inroads (contra legem) into the provisions contained in the Compilation of Islam.
Postponement Of The Death Penalty: An Overview Of Human Rights And Restorative Justice Husin, Umar
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

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Abstract

The implementation of the death penalty must be carried out with full consideration of the law and existing facts, so that in its implementation the death penalty must be measured and not imposed with careless considerations. One way to prevent errors in administering the death penalty is to provide a time lag between the execution and execution of the death sentence so that the convict is still given the opportunity to defend himself in order to explain the defense which can mitigate it. However, what is happening now is that many death sentences are being carried out with very quick executions. This certainly has an impact on potential violations of the rights of convicts. Therefore, this research will discuss further the retention of the death penalty from a human rights and restorative justice perspective. To analyze the problem, this research use normative method with regulatory, conceptual, and case approach. This research found in postponement of the execution of death row convicts has two jusctification are juridical justification and empirical justification. However, needs special regulation to arrange the posponement and it could be form in presidential regulation.

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