Journal of International Islamic Law, Human Right and Public Policy
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
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<![CDATA[THE ROLE OF ELECTRONIC MEDICAL RECORDS IN MEDICAL DISPUTE RESOLUTION: LEGAL REVIEW ]]>
<![CDATA[Fauziah Nur]]>;
<![CDATA[Bambang Fitrianto]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.81
<![CDATA[Electronic medical records (RME) are important for increasing efficiency and accuracy in health services and facilitating the resolution of medical disputes by providing comprehensive and easily accessible documentation. However, the implementation of RME in Indonesia faces unclear regulatory challenges and data security issues. There is a need for harmonization of regulations to support the effective and safe implementation of RME, which can speed up the process of resolving medical disputes in a fair and transparent manner. This study aims to evaluate the regulations governing the use of electronic medical records (RME) in the health care system in Indonesia and assess their application in resolving medical disputes. Another aim is to identify the advantages and disadvantages of using RME in resolving medical disputes from a legal perspective. This research method uses a normative legal approach to analyze legal regulations related to electronic medical records and medical dispute resolution. Secondary data from various sources such as journals, books and legal articles are used for descriptive-analytical analysis. The research results show that regulations for the use of electronic medical records (RME) in Indonesia do not fully accommodate developments in RME technology, focus more on conventional medical records, and do not regulate aspects of data security, accessibility and interoperability of RME. Other challenges include data security and limited technological infrastructure in some areas. Compared with developed countries such as the United States (HITECH Act) and Europe (GDPR), Indonesia needs to update and harmonize regulations to support a more effective and safe implementation of RME in resolving medical disputes]]>
<![CDATA[ANALYSIS OF DELAYS IN BUDGET ABSORPTION IN THE ASAHAN DISTRICT HEALTH DEPARTMENT NORTH SUMATRA PROVINCE ]]>
<![CDATA[Dicky Muhammad Rahim Nasution]]>;
<![CDATA[Tengku Irmayani]]>;
<![CDATA[Muhammad Husni Thamrin]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.82
<![CDATA[The delay in budget absorption that occurred at the Asahan District Health Service was due to several causes. The research objectives to be achieved from this research are analyzing the Work Plan and Budget with the realization of activities, analyzing factors that influence budget realization at the end of the year, and analyzing the consequences of budget delays that occur at the Asahan District Health Service in the 2023 budget year. Researchers use qualitative research with explanatory methods. The findings that can be conveyed in the results of this research include: adjustments to the Work Plan and Budget with the realization of activities for the 2023 fiscal year at the Asahan District Health Service due more to the budget process. This means a budget policy with the principle of quality and targeted spending. Apart from that, the realization of the budget at the end of the year that occurred at the Asahan District Health Service was more due to technical instructions, human resource capacity, especially knowledge of PMK212 regulations, and budget sources such as PAD that was not reached targets and provisions of transfer funds from the center that were not in accordance with the schedule. Consequences of budget delays at the Asahan District Health Service, which can reduce the budget ceiling in the following year and results in activities not being realized.]]>
<![CDATA[PERFORMANCE ANALYSIS OF APIP (GOVERNMENT INTERNAL SUPERVISION APPARATUS) IN REALIZING GOOD GOVERNANCE IN THE INSPECTORATE OF NORTH SUMATRA PROVINCE ]]>
<![CDATA[Beni Pratama Harahap]]>;
<![CDATA[Hatta Ridho]]>;
<![CDATA[Tengku Irmayani]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.83
<![CDATA[Good governance is the key to realizing development in a region which can be seen from the compliance of policy makers in implementing government regulations. In order to ensure the realization of good governance, a Government Internal Oversight Apparatus (APIP) was formed which was handled by the Inspectorate through supervisory activities (audits, reviews, evaluations, monitoring and other supervisory activities).This research aims to analyze APIP's efforts to improve and strengthen performance at the North Sumatra Province Inspectorate and the factors underlying APIP to improve and strengthen its supervision. This study uses a qualitative method. Data was collected through interviews and the validity of the data was tested using data triangulation techniques. Data analysis was carried out with the help of performance indicators presented by Moeheriono. The results of the research show that (1) the efforts made by APIP to improve supervision are carried out through providing training for developing the quality of human resources, recruiting employees, optimizing time, integrating Inspectorate data digitally, maintaining websites, submitting additional budgets, and establishing regulations for OPDs that exceed limits. completion time for improvements to evaluation results; (2) the inhibiting factors for improving and strengthening supervision are the lack of quantity and quality of human resources, limited time, lack of facilities, lack of digital integration, insufficient budget, and no special regulations.]]>
<![CDATA[REVIEW ANALYSIS OF CLASS I NARCOTICS ABUSE SANCTIONS FOR YOURSELF ( Study Decision Number 707 PK/ Pid.Sus /2022) ]]>
<![CDATA[Ferdinand Sembiring]]>;
<![CDATA[Yasmirah Mandasari Saragih]]>;
<![CDATA[Rahmayanti]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.85
<![CDATA[Indonesia is one of the countries with draft Supremacy Law that is above law everything , law made as superiority the rules of the game in a country or can be called a rule of law ( rechtsstaat ). Therefore Therefore , Indonesia is a law - abiding country the rules are stated in regulation applicable laws in Indonesia . Writing This use study law descriptive , which is in study This writer use type study juridical normative use method Research data collection References. Study This For know the problem consideration Panel of Judges at Binjai District Court in implement the Circular Letter Supreme Court Number 4 of 2010 , analysis Review Return To Penalty Abuse Narcotics Group I Share Self Alone ( Study Decision Number 707 PK/ Pid.Sus /2022) . Reviewed from Constitution Number 35 of 2009 in conjunction with Circular Letter The Supreme Court Number 4 of 2010 ( Analysis Decision Number 707 PK/ Pid.Sus /2022. Based on results research and discussion so obtained picture , that consideration Panel of Judges at Binjai District Court in apply letter circular court great number 4 of 2010 inside decision level First only based on accusations and demands prosecutor without consider return fill letter circular court great number 4 of 2010 concerning placement abusers , abuse victims and addicts narcotics into the rehabilitation medical and rehabilitation social causes injustice decision for abuse narcotics group I for self Alone. That application the sentence carried out by the convict is decided by the Binjai District Court there is mistake so that Supreme Court in matter application review return is done convict decide convict do abuser narcotics group I for himself Alone .]]>
<![CDATA[DISPARITIES OF PUNISHMENT AGAINST PEOPLE OF THE CRIME OF ABORTION (Analysis Decision Number 01/ Pid.B /2013/ PN.Plp and Decision Number 242/ Pid.Sus /2015/ PN.Kpg ) ]]>
<![CDATA[Muhammad Rafandi Harahap]]>;
<![CDATA[Andry Syafrizal Tanjung]]>;
<![CDATA[Mhd Azhali Siregar]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.86
<![CDATA[Various form problems that occur in handling case follow criminal abortion that is exists disparity criminal in matter his punishment . Problem the the source is judge's decision . Power judiciary as something free and independent state power in one side bring huge impact positive to effort enforcement law in Indonesia. Writing This use study law descriptive , which is in study This writer use type study juridical normative use method Research data collection References . Study This For know How accountability criminal to perpetrator follow criminal abortion , implementation law to perpetrator follow criminal abortion , in analysis decision number : 01/ Pid.B /2013/ PN.Plp and decision number : 242/ Pid.Sus /2015/ PN.Kpg . Based on results research and discussion then get it picture , that accountability criminal perpetrator do follow criminal abortion arranged in Articles 299, 346-349 of the Criminal Code and regulated in Articles 75-77 and Article 194 of the Law Number 36 of 2009 Concerning Health . Application law to the perpetrator did it follow criminal abortion analysis decision Number 01/ Pid.B /2013/ PN.Plp and Number 242/ Pid.Sus /2015/ PN.Kpg , that before drop criminal to the defendant , the judge has base considered considerations from charges and facts at trial . Analysis decision Palopo District Court Already in accordance with the elements charged prosecutor prosecutor general which the judge decides with based charges and facts at trial , vs backwards with the Kupang District Court The Panel of Judges did not consider indictment prosecutor prosecutor second general that is elements chapter more dominant proven inside facts the judge Because perpetrator abortion No is from power medical or power health so that give rise to oddity rule law in the position process applied law to perpetrator follow criminal different abortions to two decision perpetrator follow criminal abortion .]]>
<![CDATA[ANALYSIS OF HALAL CERTIFICATES POST THE ISSUE OF LAW NUMBER 33 OF 2014 CONCERNING HALAL PRODUCT GUARANTEES RESEARCH STUDY OF MEDAN CITY ]]>
<![CDATA[Sardi]]>;
<![CDATA[Henry Aspan]]>;
<![CDATA[Tamaulina Br Sembiring]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.87
<![CDATA[A significant step in regulating halal certification in Indonesia occurred with the enactment of Law no. 33 of 2014 concerning Halal Product Guarantees. This law replaces previous regulations and establishes a more comprehensive legal framework to regulate the halal certification process. With this law, it is hoped that a solid foundation can be created to maintain the certainty and quality of halal products in the domestic research market This discuss about How Arrangement About Hal Certificates in Indonesia?, What Factors That Become Inhibitor In Making Or Publishing Halal Certificate ? How Implementation To Post Halal Certification Constitution Number 33 of 2014 Concerning Guarantee Halal Products ? Through approach qualitative with studies case as method main , research This identify change authority and structure institutions , potential contradictions and domination of the Halal Inspection Institute (LPH), as well as governance and infrastructure challenges in implementation halal certification . The research results show the unclear role of LPH, potential conflicts of authority, and obstacles in governance and infrastructure. To overcome this obstacle, the proposed solution involves clarifying the role of LPH, close collaboration between relevant institutions, establishing clear guidelines and standards, improving infrastructure and human resources, active involvement of related parties, updating and harmonizing policies, and improving monitoring and evaluation systems. This research emphasizes the importance of regulatory updates, involvement of related parties, and harmonization with international standards to increase efficiency and fairness in the halal certification system.]]>
<![CDATA[HEALTH FINANCING STRATEGY AND INNOVATION IN HEALTH INSURANCE IN THE DIGITAL TECHNOLOGY ERA ]]>
<![CDATA[Rahmayanti]]>;
<![CDATA[Iswahyudi]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.88
<![CDATA[This research aims to describe Health Financing Strategies and Innovations in Health Insurance in the Digital Technology Era. This type of Systematic Literature Review (SLR) method was used to compile this scientific article. Method The approach used in this research is the empirical juridical method. Data analysis was carried out qualitatively, comprehensively and completely. Data analysis means describing the data in a quality manner in sentences that are orderly, coherent, logical, non-overlapping and effective, making it easier to interpret the data and understand the results of the analysis. The research results talk about the potential of health insurance in the digital era, this offers great opportunities in the future. Because insurance is about people, the focus is on financial management of individuals, families and even companies. Apart from saving and investing, insurance is also important. In the era of digitalization, it is increasingly easier for health insurance companies to continue to encourage innovation by collaborating with various stakeholders and certain organizations. There are three forms of digital insurance industry. namely InsurTech Aggregator/Marketplace Aggregator. This is a contact point where we can gather information about the various insurance products of each company. The obstacle in the practice of digital health insurance is that it has not been regulated in special regulations, so it uses conventional health insurance regulations, namely OJK Regulation Number 67/POJK.05/2016 concerning Insurance Licensing and in general it is regulated in OJK Regulation Number 13/POJK.02/2018 concerning Digital Financial Innovation. The application period regarding the regulatory sandbox trial is in accordance with Article 4 of OJK Regulation Number 13/POJK.02/2018 which should be mandatory for all fintech companies but in this case no insurance company has carried out the trial.]]>
<![CDATA[CRIMINAL LIABILITY FOR A DENTIST'S NEGLIGENCE THAT CAUSES INJURY TO A PATIENT IS BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH ]]>
<![CDATA[Najib Albana Daulay]]>;
<![CDATA[Fitri Rafianti]]>;
<![CDATA[Bambang Fitrianto]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.89
<![CDATA[The profession as a dentist is not easy because many dentists in the world often commit malpractice acts. Law Number 17 of 2023 concerning Health regulates the qualifications and types of dental malpractice acts. Problems include how negligence by dentists in carrying out their duties is categorized as malpractice and is a criminal act, factors that cause dentists to be negligent in carrying out their duties and how criminal liability for dentist negligence which causes injuries to patients is reviewed from Law Number 17 of 2023 About health. The type of research used in this research is normative legal research. The nature of the research used in this research is descriptive. A dentist's negligence in carrying out their duties which results in injury to a patient can be categorized as malpractice and a criminal act. This occurs when dentists do not comply with professional standards, standard operating procedures, or applicable codes of ethics, which harms patients. The factors that cause dentists to be negligent in carrying out their duties include several important aspects, namely the negligence factor (culpa), the deliberate factor, the misunderstanding factor (dwaling), the error of judgment factor, the contributory negligence factor and the infrastructure factors. Criminal liability for a dentist's negligence which causes injury to a patient is reviewed by Law Number 17 of 2023 Health, regulated in Article 440 of the Law, punishable by a maximum imprisonment of 3 years or a maximum fine of IDR 250,000,000. If the negligence causes death, the sentence can increase to a maximum prison term. 5 years or a maximum fine of IDR 500,000,000. Researchers recommend that dentists regularly participate in training and education regarding professional standards, standard operating procedures (SOP). So that dentists increase awareness regarding the responsibility for negligence which can result in injury to patients..]]>
<![CDATA[ELECTION PARTICIPANTS' CAMPAIGN ON SOCIAL MEDIA DURING QUIET TIMES BASED ON KPU REGULATION NUMBER 232018 AND FIQH SIYASAH PERSPECTIVE ]]>
<![CDATA[Mutia Khairani Hasibuan]]>;
<![CDATA[Mhd. Yadi Harahap]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.90
<![CDATA[The use of social media as a campaign method for election participants can be very effective in building wide contacts and saving time compared to other campaign methods. This shows that with the help of social media, politicians and political parties can easily campaign anywhere and at any time, meaning that campaigning on social media is not limited by location and time. However, as a candidate, this can be realized as a form of campaign.The aim of this research is to find out whether this should be considered an election violation or a form of freedom of expression. The use of social media for non-campaign activities must be seen from several different points of view, this activity is a form of election violation but can also be seen as a form of freedom of opinion. The campaign in fiqh siyasah is not yet familiar and widely known. The term predates contemporary times, when many Muslim-majority countries, especially in the Middle East and Southeast Asia, formed democratic nation-states. Campaign behavior is one of the main parts in organizing elections. In Siyasaah Fiqh the word for general elections is called Intikhabah Al-'Ammah, Intikhabah is Jama'muannas' salim which means to choose. This research will examine in more depth the use of social media by election participants during the quiet period in terms of general election commission regulation number 23 of 2018 and also fiqh siyasah by using the opinion of Yusuf Al Qardhawi with the concept or theory of Siyasah Al-Syarr'iyyah, namely in terms of campaign.]]>
<![CDATA[HEALTH FINANCING LAW AND DIGITALIZATION OF HEALTH SERVICES ]]>
<![CDATA[Toga Adi Putra Sinaga]]>;
<![CDATA[Rahmayanti]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i3.91
<![CDATA[financing and the provision of health services. This journal explores the interaction between health financing legal regulations and the digitalization of online health services in Indonesia. The study aims to analyze how current regulations govern these two aspects and identify the challenges and solutions needed. Digitalization of health services, including the use of information technology such as electronic medical records (EMRs), telemedicine, and health applications, has significantly altered the healthcare landscape. This transformation presents new legal challenges, especially concerning health financing and personal data protection. This article discusses the interaction between digitalization and health financing regulations in Indonesia, focusing on how health laws and related policies address both aspects. It also explores the impact of digitalization on the management of health financing, patient rights, and provider responsibilities. Referring to Law No. 36 of 2009 on Health, Law No. 27 of 2022 on Personal Data Protection, and other regulations, this article provides an in-depth analysis of the need for regulatory adjustments to ensure effective integration of technology into the health system while maintaining the sustainability of financing and protecting patient rights. The methodology includes literature review, regulatory analysis, and case studies. Findings indicate that while digitalization offers improved efficiency and accessibility, there are regulatory challenges that need to be addressed to ensure effective integration between health financing systems and digital technology. Recommendations suggest updating regulations to create a more inclusive and secure system.]]>
