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INDONESIA
Journal Indonesia Law and Policy Review (JILPR)
Published by INTERNATIONAL PENELITI EKONOMI, SOSIAL, DAN TEKNOLOGI
ISSN : -     EISSN : 2715498X     DOI : https://doi.org/10.56371/jirpl.v3i3
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. Journal Indonesia Law and Policy Review (JILPR) publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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Hospital Responsibilities in Storing Electronic Medical Record Documents Sugianto Prajitno; Mokhamad Khoirul Huda; Asmuni
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.161

Abstract

Medical records in hospitals are data for compiling health information and every health service and every health service, whether providing outpatient or inpatient services, is required to make a medical record and sanctions are imposed for those who violate it in accordance with applicable laws and regulations. The aim of this research is to analyze the norms for storing and destroying manual medical record documents and to analyze the legal responsibility of hospitals for storing electronic medical records in hospitals. The type of research used in this research is legal research. This type of research is carried out by examining legal norms in applicable laws and regulations related to guidelines and codes of ethics for a profession, especially in this case, medical laboratory technology experts in providing health services. Specifically, the type of research is normative juridical or doctrinal research. The findings of this research are that the legal responsibility of hospitals for storing electronic medical records in hospitals has been regulated by Minister of Health Regulation No. 24 of 2022, while the responsibility of hospitals in implementing electronic medical records is also outlined in the Ministry of Health in the form of ministerial supervision through the director general. If deviations occur, administrative sanctions will be given in the form of a warning or revocation of accreditation status.
Legal Protection for Patients Participating in Health Insurance Administering Agencies with Heart Disease with Medication Restrictions in Outpatient Services in Hospitals Suwondo Ariyanto; Mokhamad Khoirul Huda; Asmuni
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.162

Abstract

Health is a human right that must be realized in accordance with Pancasila and the 1945 Constitution. BPJS patients have the right to get good health services and medicines according to their diseases, including heart disease. The administration of drugs in the National Health Insurance (JKN) program must be in accordance with the National Formulary (Fornas). There are rules regarding drug restrictions in Fornas that cause problems in outpatient services for BPJS patients with heart disease. The purpose of this research is to analyze the legal protection of patients and the hospital's responsibility for drug restrictions. Research Methods: The type used in this study is normative juridical with a statute approach and a conceptual approach. Collection and processing of legal materials using document studies or library materials with added literature, journals and expert opinions related to legal issues and then read, studied and analyzed to arrive at a conclusion. Results: Legal protection for BPJS patients with heart disease is contained in the 1945 Constitution and the Law on Health in 2023. The hospital is also responsible for BPJS patients to get medicines according to medical examination. Conclusion: BPJS patients with heart disease have legal protection to get optimal therapy and the hospital is responsible for administering restricted heart drugs so that patients get therapy according to the guidelines.
Hospital Legal Responsibilities for Misuse of Patient Personal Data In Electronic Medical Records Dian Ayu Lukitasari; Mohammad Zamroni; Andika Persada Putera
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.164

Abstract

The purpose of this study was to analyze the patient's personal data protection law in the electronic medical record and to analyze the legal responsibility of the hospital for the misuse of patient's personal data in the electronic medical record. This research uses normative research methods and uses statutory and conceptual approaches. The issuance of Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records which requires hospitals to maintain electronic medical records no later than December 31, 2022. The transition from conventional medical records to electronic medical records carries the risk of misusing patient personal data. The results of this study conclude that hospitals as personal data controllers and electronic system operators are required to implement Law Number 27 of 2022 concerning Protection of Personal Data in organizing electronic medical records except those specifically regulated by other laws and regulations and hospitals as corporations have legal responsibilities for misuse of patient personal data in electronic medical records, namely administrative liability, civil liability and criminal liability.
Medicolegal Aspects of Visum Et Repertum in Sexual Violence Criminal Cases Renny Sumino; Adriano; Budi Pramono
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.166

Abstract

One important component in disclosing the cases of criminal acts of sexual violence case is Visum et Repertum (VeR). Based on article 133 of the Criminal Procedure Code. VeR clarifies cases, especially in the context of proving someone's guilt relating to the body or parts of the human body. The purpose of this research is to analyze the medicolegal aspect in handling TPKS victims, especially victims of rape or sexual intercourse. By using normative research methods and using statutory and conceptual approaches. TPKS arrangements are regulated in Law Number 12 of 2022 concerning Crimes of Sexual Violence. Handling of TPKS victims is regulated through Minister of Health Decree number 1226/Menkes/SK/XII/2009 concerning Guidelines for the Management of Integrated Services for Victims of Violence Against Women and Children in Hospitals. Indonesian medical council regulation number 66 of 2021 concerning forensic and medicolegal medical education standards regulates clinical authority in handling TPKS victims. There are two regulations related to medical services for legal purposes, Minister of Health Regulation Number 38 of 2022 concerning Medical Services for Legal Purposes and Minister of Health Regulation Number 77 of 2015 concerning Guidelines for Mental Health Examination for the Interests of Law Enforcement.
The Urgency of Hospital Internal Regulations in Governance of Indonesian National Army Hospital Paulin Marwita; Sutarno; Adriano
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.169

Abstract

This research analyzed the component of hospital bylaws in the corporate governance of the Indonesian National Army Hospital and the urgent of hospital bylaws in association with protection and legal certainty of the Indonesian National Army Hospital. As a legal subject, the Indonesian National Army Hospital has certain legal obligations and they are not free from lawsuits, therefore the Indonesian National Army Hospital must equip themselves with adaptive and up to date hospital by laws that provide protection and legal certainty to the medical officers in peace and armed-conflict time. The hospital bylaws must contain the characteristics of the Indonesian National Army Hospital including code of ethics for military medicine, Indonesian National Army law, military discipline law, military court law, humanitarian law, human rights law and also describing the relationship between the owner of the hospital, in this case the chief of the staff of the army, with the head of the hospital and medical staff. Therefore, this research is juridical-normative research using statute, conceptual and comparative approaches.
Implementation of Child Support Payments After Divorce in East Kutai Regency, East Borneo Luqman Hariyadi; Darmawati; Akhmad Haries
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.171

Abstract

The purpose of this research is to understand and analyze the implementation of child support payments post-divorce in Kutai Timur Regency, East Kalimantan Province. The research method used is a field study with a normative-empirical approach. Primary data sources were gathered through interviews with the Chief of the Religious Court in Sangatta, judges, child support claimants, and other relevant parties. The results of this research indicate that child support payments after the dissolution of marriage in the jurisdiction of the Religious Court in Sangatta are still not functioning properly. This is due to the economic incapacity of the fathers and negligence on the part of fathers in providing post-divorce child support.
Violations of the Principles of Democracy and People's Sovereignty Related to Bureaucracy in Central Sulawesi Nazwa Defa; Vera Desti Puspitasari; Alicya Rahmawati; Ahmad Rifki Hanafi
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.173

Abstract

This study means to link violations committed by bureaucratic officials in the Indonesian region with the principles of Indonesian constitutional law, namely the principles of democracy and the principle of people's sovereignty, which are in accordance with the legal basis, by the Amendment to Article 1 paragraph (2) of the 1945 Constitution by the MPR. Regarding Indonesian sovereignty which is in the hands of the people and carried out in accordance with the Constitution. This study uses the Normative Juridical method, which means that research is carried out by examining legal regulations and other supporting materials that are still related to violations committed by government bureaucrats against the principles of constitutional law, namely the principles of democracy and people's sovereignty. This research is based on descriptive characteristics, namely research that has the plan to describe events related to the topic of this research. From this study, it is clear that the appointment of regional head officials without elections by the people is against the principle of popular sovereignty and the principle of democracy. In this case, the participation and responsibility of all Indonesian citizens are needed to create a democratic system that is fair, equitable, and beneficial for the entire Indonesian government.
Legal Protection for Corruption Crime Reporters (Whistle Blower) in Bandung High Court Decision Number: 32/PID.TPK/2022/PT BDG Muhamad Maulana Yusup
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.175

Abstract

Legal protection for reporting witnesses in criminal acts of corruption is part of and protects human rights, because witnesses in corruption cases are considered community participation to reveal criminal acts that are very detrimental to the state, so that the state has an obligation to protect the human rights of its citizens, will However, many people do not want/reluctant to become witnesses, for the reason that there is no clear legal protection, especially for witnesses reporting criminal acts of corruption. The role of someone who reports actions around them, especially within the agency where they work, or what is known as a whistle blower is very important in efforts to eradicate corruption in Indonesia. Therefore, the whistle blowing system must continue to be improved starting from the rules and implementation. The approach method used in this research is normative juridical research, namely analyzing written law, library materials and document studies are used as the main material while field data through interviews is used as supporting/complementary data. Data Analysis, after all secondary data has been obtained through library research, as well as supporting data from interviews, examination and evaluation are carried out to determine its validity, then the data is grouped into similar data. Qualitative data is interpreted juridically, logically, systematically using deductive and inductive methods. Indonesians are still afraid to become whistle blowers, because there are many risks that must be faced, and are even difficult to avoid. Threats of demotion, suspension, even firing, will occur. In fact, reporting someone related to a corruption case to law enforcement officials could also be dangerous for him. Therefore, it is necessary to provide legal protection for whistle blowers so that people are not afraid to become whistle blowers.
Implementation of Sea Work Agreement for Work Safety Insurance Program for Fishing Vessel Crew Julianto Jover Jotam Kalalo; Restu Monika Nia Betaubun; Rudini Hasyim Rado; Rulfino Rupang
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.176

Abstract

Sea Work Agreement is a written agreement between the crew of the Fishing Vessel and the owner of the Fishing Vessel or the operator of the Fishing Vessel or the skipper or agent of the crew of the Fishing Vessel which is a provision in Article 1 number 65 of Government Regulation (PP) Number 27 of 2021. The purpose of this study is to find out and understand the implementation of the sea work agreement as well as the forms of protection and settlement efforts in the event of a breach of the sea work agreement. The type of research carried out is Juridical Empirical Research, using the law approach and the case approach. In the results of this study, it is explained that the implementation of the sea work agreement is a work safety insurance program for fishing vessel crews which is an agreement that must be carried out by everyone who does work at sea. This sea work agreement is carried out between the two parties, namely between a shipping entrepreneur who owns a ship company as one party and a worker or ship crew on the other. In relation to the implementation of the sea work agreement, seen from the form, content and format, the flow of the implementation process up to the marine work agreement insurance program has been implemented based on the provisions of the applicable laws and regulations, although there are obstacles found and faced in the field. Then the form of protection provided is to ensure the fulfillment of the rights and obligations of the parties who carry out the Sea Work Agreement, namely to fishing vessel crews in the form of risk protection while working and to fishing companies in the form of business risk protection while working. As for the efforts made when the default occurs, namely the settlement of the parties by deliberation to reach an agreement. If an agreement is not reached, the dispute is resolved through mediation.
Restrictions on Cross-Border Trade in E-Commerce as a Form of Consumer Protection Yuyut prayuti
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.177

Abstract

Since the beginning of the third millennium era, the world of commerce has experienced a significant evolution with the emergence of e-commerce platforms. Bank Indonesia estimates that e-commerce transactions in 2022 will reach Rp489 trillion. Correspondingly, in Q3 2022, it was recorded that 62.6% of internet users over the age of 16 have used e-commerce platforms to purchase products and services online, increasing the potential for discrepancies between product descriptions and reality, as well as difficulties in returning products from abroad, resulting in financial losses and dissatisfaction for consumers. This research aims to investigate the effectiveness of cross-border trade restrictions in e-commerce as a consumer protection strategy in Indonesia. The normative juridical method is used in this research. The research found that restrictions on cross-border trade in e-commerce refer to various barriers and regulations applied by states to govern cross-border electronic commerce activities. These barriers include tariffs, taxes, quotas, product quality standards, certification, etiquette, as well as rules regarding consumer personal data and payment transactions. In addition, in the era of globalization, trading cross-border transactions has become routine, but carries legal and commercial risks for consumers transacting with entities outside their jurisdiction. Therefore, to respond to the escalation of cross-border trade in e-commerce platforms, Indonesia needs to emphasize data protection and security in digital transactions such as related to cryptographic techniques and privacy policies of e-commerce providers in order to provide certainty and legal protection in terms of protecting consumers.

Page 8 of 22 | Total Record : 215

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