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Rico Nur Ilham
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radjapublika@gmail.com
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+6281238426727
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Jl. Cempaka Putih, Sp. Tiga Blang Rayeuk, Dsn. Angsana, Kelurahan Hagu Barat Laut, Kec. Banda Sakti, Lhokseumawe, Provinsi Aceh, 24315
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INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
Search results for , issue "Vol. 4 No. 2 (2026): June" : 20 Documents clear
DYNAMICS OF SOCIAL INTERACTION BETWEEN BOARDING HOUSE RESIDENTS AND THE LOCAL COMMUNITY IN MAJENE REGENCY Rahmatullah; Husniah; Muhammad Gaus
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study analyzes the dynamics of social interactions between boarding house residents and the local community in Majene Regency, West Sulawesi. The growth of boarding houses as a consequence of the increasing number of incoming students has created a new social space that brings together diverse cultural backgrounds. Using a qualitative phenomenological approach, this study explores the experiences of boarding house students, boarding house owners, and the local community in building social relationships, adapting to local norms, and managing potential conflicts. The results show that social interactions occur across a broad spectrum, ranging from associative forms such as accommodation and cooperation to dissociative forms such as controversy and value conflicts. Factors influencing the dynamics of interactions include cultural background, communication intensity, the role of boarding house managers, community leaders, and the duration of students' stay. Social capital in the form of networks, trust, and norms has proven to be an important instrument in facilitating student adaptation while strengthening social cohesion with the local community. This study confirms that boarding houses function not only as temporary housing but also as social institutions that play a role in the process of cultural and social integration in Majene. These findings contribute to the sociological study of social interaction and social capital and provide a basis for local policies to manage boarding houses more inclusively.
AN EVALUATION OF THE PRINCIPLE OF ADEQUACY IN THE U.S. AND INDONESIA RECIPROCAL TRADE AGREEMENT Abdul Azis Ali Ramdlani; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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International trade today is no longer limited to the pricing of physical commodities; it has shifted toward the exchange of data, digital services, and high-tech investments. In this dynamic, the Adequacy Principle emerges as a key instrument. Article 56 of Law Number 27 of 2022 on Personal Data Protection (PDP) stipulates that cross-border data transfers are only permitted if the destination country has: (1) an equivalent or higher level of PDP, or (2) adequate and legally binding PDP measures, or (3) the consent of the data subject. To date, the Government Regulation—which is intended to establish the aforementioned equivalence criteria as a derivative of Article 56 has not yet been issued. In Article 3.2 Agreement Between The United States Of America And The Republic Of Indonesia On Reciprocal regarding Trade Data Transfers The principle of adequacy in U.S.-Indonesia trade relations remains asymmetrical. The United States tends to use adequacy as a leverage tool for global standardization, while Indonesia is still in a transitional phase of aligning domestic regulations (such as the PDP Law) to gain international recognition. Major Obstacles to Achieving a Mutually Beneficial Adequacy Status in U.S. and Indonesia Trade Relations include Differences in Cross-Border Data Protection Paradigms, Differences in Cross Border Data Protection Paradigms, Misalignment of Intellectual Property Rights (IPR) Enforcement Standards, and Regulatory Inconsistencies and Legal Uncertainty in Indonesia
LEGAL PROTECTION OF PATIENT MEDICAL RECORD DATA IN TELEMEDICINE HEALTH SERVICES BASED ON LAW NUMBER 17 OF 2023 CONCERNING HEALTH AND LAW NUMBER 27 OF 2022 CONCERNING PERSONAL DATA PROTECTION Andreas Henfri Situngkir; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Law Number 27 of 2022 concerning Personal Data Protection, Personal Data is a fundamental right that must be protected in every healthcare service interaction and in Law Number 17 of 2023 concerning Health is the legal basis for regulating Health in addition to that until now legal clarity regarding licensing and permits that regulate Telemedicine healthcare services is also regulated in Minister of Health Regulation Number 20 of 2019 which stipulates that medical personnel and healthcare facilities must obtain a license to carry out telemedicine. In the practice of online healthcare consultations, medical data protection is highly dependent on the technological system used by the service provider. Digital healthcare platforms generally rely on website-based databases or applications connected to the internet network. Legal protection in Telemedicine services must be able to protect the dignity of recipients and healthcare providers in the implementation of Telemedicine so that their rights and obligations can be fulfilled in line with human rights inherent from birth.
LEGAL ASPECTS OF THE USE OF ARTIFICIAL INTELLIGENCE IN TELEMEDICINE-BASED DIAGNOSIS: BETWEEN AID TOOLS MEDICAL AND CLINICAL DECISION MAKING Kharmaedisyah Putra; Rahmayanti; Donald Rudi Pangaribuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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The development of Artificial Intelligence (AI) technology in healthcare has encouraged its use in telemedicine-based diagnosis. In Indonesia, the application of AI in telemedicine raises legal questions regarding the status of AI: whether it is merely a medical aid or has become a determinant of clinical decisions. This study aims to analyze the legal aspects of the use of AI in telemedicine by examining the legal framework, the principles of legal responsibility of medical personnel and healthcare facilities, and the ethical implications for the doctor-patient relationship. The research method used is normative juridical with a limited statutory, conceptual, and comparative approach. The results show that based on Law Number 17 of 2023 concerning Health, Law Number 29 of 2004 concerning Medical Practice, and the Minister of Health Regulation concerning the implementation of telemedicine, AI is not yet normatively recognized as a legal subject, but rather as an instrument or aid in the healthcare process. Clinical decisions remain with the physician as the primary person responsible for medical services. However, the high degree of autonomy of AI systems and doctors' reliance on AI recommendations creates a gray area of ​​legal liability, particularly in the case of misdiagnosis or delayed diagnosis. This study recommends the need for specific regulations (lex specialis) regarding medical AI, standards for AI-assisted medical practice, mechanisms for the feasibility and certification of AI devices, and strengthening informed consent that explicitly includes the use of AI in telemedicine services. This will ensure legal certainty, patient protection, and professional accountability in the era of digital transformation in healthcare services.
THE ROLE OF SOCIAL WORKERS IN CASE RESOLUTION BASED IN THE DIGITAL ERA Rendi Mark Sowaha Duha; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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The digital era has brought significant changes to various aspects of life, including the legal case resolution system. Amid this transformation, the role of social workers has become increasingly crucial as a bridge between clients and judicial institutions that now operate based on digital technology. This study aims to analyze the role of social workers in the case resolution process in the digital era, including assistance, mediation, and advocacy. The method used is qualitative research with a case study approach through in-depth interviews, observation, and documentation studies. The results show that social workers have a strategic role in facilitating access to justice for vulnerable groups amidst the digitalization of justice, despite facing various challenges such as the digital divide, technological literacy, and resource capacity. Strengthening the capacity of social workers in the field of information technology is needed, as well as adjusting regulations to accommodate their formal role in the digital justice ecosystem.
LEGAL ANALYSIS OF THE OBLIGATIONS OF ELECTRONIC SYSTEM OPERATORS (PSE) IN PROTECTING THE CONFIDENTIALITY OF ONLINE LOAN BORROWERS' DATA Rahmad Mirad; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Technology-Based Peer-to-Peer Lending Services are a formal form of online lending services initially regulated by POJK No. 10/POJK.05/2022. On the one hand, these online loans make it easier for the public to obtain funds quickly; on the other hand, they also have the potential to harm those involved—for example, the rampant buying and selling of users’ personal data from fintech apps, which recently made headlines on social media. Some sellers of personal data possess thousands to millions of records, including ID cards (KTP), family cards (KK), and even selfies taken with ID cards. Such data breaches should not occur, as personal data within electronic systems is confidential. The research method employed by the author is normative legal research; additionally, this study was conducted using a qualitative approach, focusing on data collection through library research. Electronic System Operators are obligated to maintain confidentiality and security by implementing robust security systems (encryption) to prevent failures in personal data protection. Ultimately, customer data may only be used for the original purpose for which it was collected; Electronic System Operators must not sell or disclose data to third parties for marketing purposes without consent. The misuse of personal data by online lending businesses constitutes an unauthorized act and is explicitly prohibited in the electronic agreement between consumers and the business. Consequently, any actions taken without the consent of both parties constitute a breach of contract and may also be deemed unlawful.
ELECTRONIC MEDICAL RECORD DATA PROTECTION IN DIGITAL HEALTH SERVICES Helviana Hasibuan; Rahmayanti; Poltak Marusaha Tambunan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Digital transformation in the healthcare sector is driving the adoption of electronic medical records as an effort to improve efficiency, service quality, and patient data integration. However, this digitalization also poses risks to the protection of sensitive patient personal data, such as potential data leaks, information misuse, and privacy violations. This study aims to analyze the legal protection provisions for electronic medical records and assess the effectiveness of law enforcement in digital healthcare services in Indonesia. The research method used is normative juridical with a statutory and conceptual approach. The legal materials consist of laws and regulations, scientific literature, and previous research results, which are analyzed qualitatively using descriptive-prescriptive methods. The research results show that, normatively, the protection of electronic medical records is regulated through the Personal Data Protection Law and sectoral regulations in the health sector, which emphasize the principles of confidentiality, security, and accountability of patient data. However, regulatory harmonization remains problematic, particularly regarding the division of legal responsibilities and cross-system data management mechanisms. Furthermore, the effectiveness of law enforcement remains suboptimal due to weak oversight, limited institutional capacity, low legal awareness, and uneven distribution of technological infrastructure. In conclusion, the protection of electronic medical records requires strengthening through regulatory harmonization, increased law enforcement capacity, and enhanced security systems and digital literacy. These efforts are crucial to ensure the protection of patient privacy rights while supporting the development of secure and reliable digital healthcare services.
REGULATION REFORM AND IMPLEMENTATION OF SANCTIONS FOR DRUG ABUSERS IN INDONESIA BASED ON LEGAL CERTAINTY Yulia Syafitri; Eriyantouw Wahid; Heru Susetyo
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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This study examines the urgency of regulatory reform and reform of the sanction system for drug abusers in Indonesia based on the principle of legal certainty. The main issues cover three dimensions: first, normative problems in the implementation of Law Number 35 of 2009 concerning Narcotics; second, a comparison of the sanction application models between Indonesia, Portugal, and the Netherlands; and third, the ideal concept of narcotics regulatory reform that can guarantee legal certainty, benefit, and justice. This study uses a normative juridical method with four approaches: statute approach, historical, comparative, and case study. The results of the study indicate that Law No. 35 of 2009 contains several structural weaknesses, including the ambiguity of the definition of abuser, addict, and victim; the potential for multiple interpretations in the article on narcotics possession; the dominance of a criminalization approach that has the potential to criminalize users; and the absence of specific provisions for sanctions for children. Comparatively, Portugal and the Netherlands have implemented a health-based paradigm and harm reduction as alternatives that have proven to be more effective. The ideal concept of national narcotics law reform must reflect the three objectives of law according to Gustav Radbruch, namely certainty (Rechtssicherheit), benefit (Zweckmassigkeit), and justice (Gerechtigkeit).
IMPLEMENTATION OF CUSTOMARY LAW PRACTICES IN THE CUSTOMARY COMMUNITY OF KAMPUNG NAGA, TASIKMALAYA, WEST JAVA: CHALLENGES OF MODERNIZATION AND PRESERVATION STRATEGIES Widya Noventari; Salsabila Kharisma Putri; Nurul Izah Qumairoh; Nimas Ayu Rutri Ami; Rida Nurhaliza; Rofi Rizky Ramadhan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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The Kampung Naga indigenous community in Tasikmalaya is one of the Sundanese indigenous communities that still maintains customary law practices and traditional leadership patterns amidst the currents of modernization and the penetration of state law. This study aims to describe the implementation of customary law practices in Kampung Naga, analyze the challenges of modernization to the sustainability of customary law, and explore preservation strategies developed by the community and customary leaders. The study uses a qualitative approach with descriptive methods, through participatory observation, in-depth interviews with kuncen, lebe, punduh, formal government officials, and residents, as well as documentation and literature studies. The results of the study indicate that the customary leadership structure in Kampung Naga—centered on the kuncen and assisted by lebe and punduh who have strong traditional authority and work side by side with the formal government structure (hamlet head, RW, RT) in a relatively harmonious manner. The practice of customary law is centered on the philosophy of pamali (matak kabadi) which functions as a mechanism of social control, environmental protection, and character formation of residents, especially the younger generation. Modernization presents challenges in the form of technological penetration, intensified tourism, and demands for adjustments to national laws. However, indigenous communities have developed selective adaptation strategies through internal regulation, the integration of Islamic values, and the strengthening of oral transmission of customs to the younger generation. This study recommends strengthening the recognition of customary law through state policy, developing multicultural education that is sensitive to the rights of indigenous peoples, and partnerships between the state and indigenous communities in preserving the culture and environment of Kampung Naga.
LOCAL DEMOCRACY IN INDONESIA: A COMPARISON OF DIRECT AND INDIRECT REGIONAL HEAD ELECTION SYSTEMS Muhammad Gaus; Farhanuddin; Muhammad; Asriani; Rahmatullah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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This paper begins with the debate over direct and indirect elections in regional head elections in Indonesia. This study aims to compare the two electoral systems that have each been implemented in Indonesia, particularly in selecting leaders at the regional government level. The research method used is a qualitative descriptive approach , with the primary data source coming from a literature review of scientific journals, books, reports, official documents, and other relevant references. The results show that both systems have a legitimate basis to justify their adherence to democratic values. Ultimately, no system is perfect; the most important thing is to pursue the best strategy within whichever system is agreed upon.

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