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Abdul Kadir Jaelani
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JHCLS
Published by Yayasan Pendidikan Contrarius Indonesia
ISSN : 28072979     EISSN : 28072812     DOI : 10.33292
Core Subject : Health, Social,
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice
Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal of Human Rights, Culture and Legal System also covers multiple studies on law in a broader sense. This journal is periodically published (in March, July and November). The focus of Journal of Human Rights, Culture and Legal System is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. Journal of Human Rights, Culture and Legal System aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Journal of Human Rights, Culture and Legal System is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Tourism Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 164 Documents
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Protection for Victims of Sexual Violence from Secondary Victimization: Lessons from Malaysian Regulations July Wiarti; Supriyadi Supriyadi; Wening Udasmoro; Yance Martulesi
Journal of Human Rights, Culture and Legal System Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Journal of Human Rights, Culture and Legal System

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i2.696

Abstract

Secondary victimization remains a serious concern for victims of sexual violence who encounter criminal justice institutions and public authorities in Indonesia and Malaysia. Although both countries have reformed their laws to strengthen victim protection, existing legal mechanisms do not always prevent victims from experiencing further psychological and institutional harm during legal proceedings. This study examines and compares the legal safeguards against secondary victimization established under Indonesia’s Sexual Violence Crimes Law and Malaysia’s Anti Sexual Harassment Act and identifies regulatory lessons for improving future victim protection. The study applies normative legal research supported by interviews with two psychologists and one gender expert. It employs statutory, case, and comparative approaches and draws on feminist legal theory and psychological perspectives on trauma. The findings demonstrate that, first, both countries address secondary victimization through rules governing professional competence, prohibited conduct, procedural safeguards, and mechanisms for resolving sexual violence cases. Second, Indonesian law regulates professional competence and prohibited conduct more comprehensively, but its reliance on judicial proceedings may place additional psychological pressure on victims. Malaysia provides an alternative mechanism through its tribunal system, although this approach also presents institutional and procedural challenges. Third, psychological perspectives reveal that formal legal proceedings may aggravate existing trauma when legal institutions fail to recognize victims’ experiences, vulnerabilities, and psychological needs.
A Cross-Border Regulatory Coordination Framework for Digital Asset Governance: Lessons from Uzbekistan and Kazakhstan Mukhammad Ali Turdialiev; Yuldashev Jakhongir Inomovich; Khazratkulov Odilbek Turasunovich; Dilboboev Nozimbek Shavkat Ugli; Gulomjon Khakimov
Journal of Human Rights, Culture and Legal System Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Journal of Human Rights, Culture and Legal System

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i2.761

Abstract

The rapid expansion of digital asset transactions has reshaped international economic activity and challenged the capacity of national legal systems to provide consistent regulatory protection. Kazakhstan and Uzbekistan have developed distinct legal approaches based on their institutional priorities and financial supervisory policies. This study examines how these regulatory differences influence legal certainty in cross border digital asset transactions. The analysis identifies three principal findings. First, different regulatory philosophies shape the recognition, classification, and supervision of digital assets, creating uncertainty about applicable legal standards. Second, differences in institutional authority and administrative practices produce overlapping responsibilities, inconsistent compliance requirements, and weak coordination among regulatory authorities. Third, limited regulatory interoperability complicates jurisdictional determination, information exchange, regulatory recognition, and cross border enforcement. The study therefore proposes a Cross Border Regulatory Coordination Framework that promotes regulatory compatibility, functional equivalence, mutual recognition, supervisory cooperation, and coordinated enforcement while preserving national regulatory autonomy and strengthening legal certainty across both jurisdictions.
Inconsistency of Industrial Design Protection in the Indonesian Legal System: Policy and Challenges Abd Thalib; Abu Bakar Munir; Nur Aisyah Thalib
Journal of Human Rights, Culture and Legal System Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Journal of Human Rights, Culture and Legal System

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i2.828

Abstract

Indonesia continues to record growth in industrial design applications, yet its legal system has not provided equally effective protection for registered designs. This condition creates a gap between the development of industrial design regulation and its implementation in protecting designers and rights holders. This study examines the structural weaknesses of Indonesia’s industrial design protection system and develops an adaptive and integrated model for legal reform. The study applies a sociolegal approach by integrating regulatory, empirical, and comparative analyses. It examines legislation, judicial decisions, registration data, and institutional practices and compares the Indonesian system with the legal frameworks implemented in Japan and Malaysia. The findings reveal that regulatory inconsistency, institutional limitations, and implementation problems collectively weaken industrial design protection in Indonesia. The current registration mechanism provides limited substantive examination, which increases legal uncertainty and creates potential conflicts between industrial design and copyright protection, particularly in determining originality and ownership. Complex administrative procedures, ambiguous regulatory provisions, limited institutional capacity, and insufficient public understanding further reduce the effectiveness of protection. The comparative analysis shows that Japan and Malaysia have developed institutional and administrative mechanisms that offer relevant approaches for strengthening Indonesia’s system.
Rethinking Patient Protection and Legal Accountability in Artificial Intelligence Assisted Orthopedic Surgery Arief Budiono; Clarizze Yvoine Mirielle; Achmadi Achmadi; Mohammad Indra Bangsawan; Siti Soekiswati
Journal of Human Rights, Culture and Legal System Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Journal of Human Rights, Culture and Legal System

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i2.995

Abstract

The growing adoption of artificial intelligence in healthcare has improved clinical assessment, surgical planning, decision making, and orthopedic procedures, while simultaneously raising legal concerns regarding patient safety, professional responsibility, personal data protection, and accountability for technology supported clinical decisions. This study examines the adequacy of legal protection for patients receiving AI assisted orthopedic surgical services in Indonesia and develops a regulatory framework that strengthens patient rights and legal certainty. The study applies an empirical legal research method through observation and in-depth interviews, complemented by an analysis of relevant laws and regulations governing healthcare services, medical practice, digital technology, and patient protection. The findings reveal three main issues, first, the Indonesian legal framework does not specifically regulate the use of AI in clinical decision making, particularly when AI contributes to medical errors or patient harm. Second, existing regulations do not clearly allocate legal and professional responsibility among physicians, healthcare institutions, and technology developers involved in AI assisted orthopedic surgery. Third, Indonesia requires an integrated regulatory framework that establishes clear standards for professional accountability, informed consent, patient safety, clinical supervision, cybersecurity, personal data protection, and electronic medical records to ensure that AI assisted orthopedic surgery operates safely, transparently, accountably, and consistently with patients’ rights.

Page 17 of 17 | Total Record : 164

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