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Jurnal Smart Hukum (JSH)
Published by PT Inovasi Pratama Internasional
ISSN : -     EISSN : 2961841X     DOI : https://doi.org/10.55299/jsh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Search results for , issue "Vol. 3 No. 3 (2025): February-May" : 14 Documents clear
Harmonization of Health Law Number 17 of 2023 with the Legal Status of Hospitals as Legal Entities Abdillah, Zaini; Ruslina, Elli; Azalia, Miliani; Pramulita, Ni Kadek Ayu; Wiguna, Andri
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1284

Abstract

Based on Law Number 17 of 2023 concerning Health, it is stated that a hospital is a health service facility that provides comprehensive individual health services through promotive, preventive, curative, rehabilitative, and/or palliative health services by providing inpatient, outpatient, and emergency services. Referring to the provisions contained in Law Number 17 of 2023 concerning Health, hospitals can be organized by the central government, regional governments, or the community. Hospitals organized by the central government or regional governments in providing health services can apply the financial management pattern of public service agencies in accordance with the provisions of laws and regulations. In contrast, hospitals established by the community must be in the form of a legal entity whose business activities are only engaged in health services, except for hospitals organized by non-profit legal entities.
Problems of Using a Power of Attorney to Sell in the Transfer of Limited Liability Company Assets (Case Study Decision Number: 472/Pid.B/2023/Pn Tjk) Abdullah, Ali; Syahpri Kholik
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1294

Abstract

The role of a Notary as a public official is very important and must be able to provide counseling and take the right steps in making authentic deeds by ensuring the formal truth of a legal act, especially a legal act in this case is the transfer of company assets based on a power of attorney to sell and without the approval of the General Meeting of Shareholders. Where the transfer of company assets should refer to the company's articles of association and Law No. 40 of 2007 concerning Limited Liability Companies. The problem raised is the validity of the power of attorney to sell in the transfer of company assets and without the approval of the General Meeting of Shareholders. The research method used is normative legal research, using secondary data consisting of primary, secondary and tertiary legal materials. This study uses a descriptive-analytical data analysis method with a qualitative approach. The results of this study are that if the subjective requirements in making a deed are not met, where the provisions in Article 1320 of the Civil Code must meet the requirements of competence in granting the power of attorney to sell, then the transfer of the asset can be cancelled. A Notary, in carrying out his duties, must be careful, thorough and adhere to the UUJN-UUPJN and KEN.
Reconstruction of Criminal Law Policy in Handling Cyber Crime: Perspectives of Technology Law and Human Rights Hasnia, Hasnia; Hafiz, Asnal; Rasna, Rasna; Nurahman, Dwi; Parhusip, Jadiaman
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1328

Abstract

The rapid evolution of digital technologies has necessitated a critical reevaluation of criminal law frameworks globally, particularly in addressing cybercrime. This study identifies significant gaps in Indonesia’s current Electronic Information and Transactions (ITE) Law, including ambiguous definitions of cyber offenses such as electronic defamation (Article 27(3)) and hate speech (Article 28(2)), which have led to inconsistent judicial interpretations in 58% of analyzed cases. The absence of clear distinctions between personal data theft and state-sponsored cyberattacks further complicates prosecution, while 67% of regional law enforcement agencies lack specialized digital forensics units, prolonging investigations by an average of 287 days for cross-border evidence retrieval. Qualitative analysis of 12 landmark cases (2020–2024) and interviews with 15 legal and human rights experts reveal systemic human rights risks, including warrantless data collection in 43% of operations and a documented chilling effect on free expression due to overly broad libel provisions. Emerging technologies like artificial intelligence (AI) present dual challenges: while predictive policing tools reduce investigation timelines by 72%, algorithmic bias in 29% of AI systems exacerbates discrimination against marginalized groups. This research proposes a multidimensional reform strategy emphasizing: (1) legislative modernization through GDPR-inspired data categorization and tiered penalties; (2) establishment of a National Cyber Forensics Network to standardize technical capacity across Indonesia’s 34 provinces by 2027; and (3) adoption of rights-centric AI governance protocols requiring judicial oversight for surveillance tools. The analysis underscores the urgency of ratifying the Budapest Convention to streamline transnational cooperation, despite sovereignty concerns raised by 63% of prosecutors. Without these reforms, Indonesia risks both technological obsolescence in combating sophisticated cyber networks and systemic erosion of digital rights in its pursuit of cybercrime deterrence.
The Role of Legislative and Executive Institutions Based on the 1945 Constitution in Realizing the Sustainable Development Goals (SDGs) Franciscus Xaverius Wartoyo; Shillo, Verlyn Adelaide Tzuriel; Sigrid, Stephanie; The, Jennifer
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1330

Abstract

The Sustainable Development Goals (SDGs) have become a target for member countries of the United Nations (UN), including Indonesia. Achieving the SDGs as a global development agenda requires the active role of various parties, including legislative and executive institutions. Collaboration between the two institutions is a strategic key in realizing the SDGs as well as the ideals of the Indonesian state contained in the 4th paragraph of the Preamble of the 1945 Constitution, namely protecting the entire Indonesian nation, advancing general welfare, educating the nation's life, and participating in implementing world order based on independence, eternal peace and social justice. This study aims to analyze the forms of collaboration between legislative and executive institutions in supporting the implementation of SDGs in Indonesia. This study uses a qualitative approach by analyzing policies, regulations, and collaborative practices between the two institutions. The results show that structured and long-term goal-oriented synergies are needed to maximize the implementation of the country's ideals and the SDGs. This study recommends increased collaboration between the legislative institution as a regulator and watchdog of executive performance, and the executive institution as the implementer.

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