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Fox Justi : Jurnal Ilmu Hukum
Published by SEAN INSTITUTE
ISSN : 20871635     EISSN : 28084314     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and Deductive Reasoning International Law Constitutional Law Law of Contract Administrative Law International Legal Environment Money Loundry Analysis of contemporary environment of business law Civil and Criminal Procedures Business Law and International Trade Alternative Dispute Resolution Real Estate Law Criminal Law Immigrant and Tourism Law The Concepts of Tort and Strict Liability Ethics and Diversity Common Law Contract Theory Leadership and Business Ethics Corporate Culture and Business Ethics Organizational Ethics Agency Law Social Responsibility and Business Ethics Employment Law Business Ethics Evaluations and Intentions Law for Business Structures Codes of Ethics and Compliance Standards Ethical Conflict Organizational Structure and Business Ethics Corporate Culture and Business Ethics The Ethical Compliance Audit Organizational Structure and Business Ethics Significant others and Ethical Behavior in Business
Arjuna Subject : Umum - Umum
Articles 273 Documents
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Application of the Principle of Lex Specialis Derogat Legi Generali in Cases of Medical Malpractice in Law Number 17 Of 2023 Concerning Health Christy Efiyanti; Raden Arif Awangga
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Medical malpractice is a legal issue in the health sector that often sparks debate regarding the accountability mechanisms for healthcare workers. In practice, the resolution of malpractice cases is often directly linked to general criminal provisions in the Criminal Code (KUHP), even though the health sector already has specific regulations through Law Number 17 of 2023 concerning Health. This raises issues regarding the application of the lex specialis derogat legi generali principle in law enforcement against medical personnel. This study aims to analyze the application of the lex specialis derogat legi generali principle in medical malpractice cases based on Law Number 17 of 2023 concerning Health and its implications for legal protection for medical personnel and patients. The study uses a normative legal research method with a statute approach and a conceptual approach . The results of the study indicate that the application of the principle of lex specialis derogat legi generali places the mechanism for enforcing professional discipline as the initial stage in handling alleged medical malpractice through the Professional Disciplinary Council as regulated in Article 304 of Law Number 17 of 2023 concerning Health, the implementation of which is further regulated in Government Regulation Number 28 of 2024 and Regulation of the Minister of Health Number 3 of 2025. This mechanism is used to assess alleged violations based on professional standards, service standards, standard operating procedures, and professional ethics before applying administrative, civil, or criminal liability based on Law Number 1 of 2023 concerning the Criminal Code. The application of this principle provides legal certainty for medical personnel through a professional assessment mechanism, while still guaranteeing legal protection for patients through the fulfillment of their rights, enforcement of professional discipline, and the right to demand accountability if a violation is proven.
Legal Analysis of the Implementation of Government Policy in Tuberculosis Control Reviewed from a Human Rights Perspective in Indonesia Fahamzah Mahsal; Fakhlur Fakhlur
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Tuberculosis (TB) remains a major public health problem in Indonesia, with high case and death rates. Consequently, the government has implemented various control policies through Presidential Regulation Number 67 of 2021 concerning Tuberculosis Control. This study aims to analyze the legal regulations and implementation of government policies for tuberculosis control in Indonesia and to assess their compliance with human rights perspectives, particularly the right to health. This study uses a normative legal research method with a statutory and conceptual approach . The research results show that the legal framework for tuberculosis control is adequately grounded in the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 17 of 2023 concerning Health, and Presidential Regulation Number 67 of 2021 as a technical regulation. Policy implementation has shown positive progress through improved case detection, treatment, surveillance, and health service innovation. However, obstacles remain, including the failure to achieve case detection targets, high mortality rates, unequal access to health services, and stigma against tuberculosis sufferers. From a human rights perspective, the implementation of this policy aligns with the fulfillment of the right to health, although its implementation still requires strengthening to ensure that the right to health is fulfilled effectively, equitably, and fairly.
Socio-Legal Dynamics of Online Gambling among Middle-Aged Adults: Economic Drivers and Preventive–Repressive Responses in Aceh, Indonesia Syarif Hidayatullah; Yuni Roslaili; Yusnaidi Kamaruzzaman
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

The rapid expansion of digital technology has reconfigured gambling from a place-based practice into an online activity that is accessible, anonymous, and difficult to regulate, producing distinctive socio-legal problems in Aceh, Indonesia, where Islamic law is formally enforced. This study analyses the involvement of middle-aged adults (40–60 years) in online gambling in Kemukiman Saree, Lembah Seulawah District, Aceh Besar, and examines the preventive and repressive responses that have emerged at the community level. A qualitative case study was combined with a socio-legal perspective. Primary data were gathered through semi-structured in-depth interviews with village officials, community leaders, religious leaders, and middle-aged residents selected purposively; secondary data were drawn from scholarly literature, the Indonesian Criminal Code, the Electronic Information and Transactions Law, and Qanun Aceh No. 6 of 2014 on Jinayat Law. The data were analysed descriptively through data reduction, data display, and verification, with source and method triangulation. The findings show that participation is driven by four mutually reinforcing conditions: economic vulnerability, the low cost of digital access, social influence within neighbourhood networks, and the need for entertainment and psychological escape. Low legal and digital literacy blurs the boundary between digital recreation and criminal conduct. Prevention operates through families, religious institutions, and village government, whereas repression relies on the parallel operation of national law and Qanun Jinayat, whose deterrent effect is amplified by social shame. The study concludes that controlling online gambling requires integrating formal legal enforcement with informal social control.

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