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Rico Nur Ilham
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INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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 221 Documents
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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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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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.
LEGAL PROTECTION FOR CONSUMERS IN DIGITAL TRANSACTIONS IN INDONESIA Zulkifli; Sofyan Jafar; Teuku Yudi Afrizal; Muhibuddin; Nasrianti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The rapid development of information technology has accelerated the growth of digital commerce (e-commerce) in Indonesia. Along with the increasing use of electronic transaction systems, various legal problems have emerged that potentially harm consumers, including online fraud, product discrepancies, delays in delivery, misuse of personal data, and the inclusion of unfair standard clauses by business actors. These conditions indicate that consumers remain in a vulnerable position within digital transactions. This study aims to analyze the effectiveness of legal protection for consumers in digital commerce transactions in Indonesia and to identify the obstacles affecting its implementation. The research employs a normative legal research method using statutory and conceptual approaches. The study examines Law No. 8 of 1999 concerning Consumer Protection, Law No. 11 of 2008 concerning Electronic Information and Transactions and its amendments, as well as Law No. 27 of 2022 concerning Personal Data Protection. The results of the study show that consumer protection regulations in Indonesia have provided a normative legal framework for safeguarding consumer rights in digital transactions. However, their implementation has not yet been fully effective due to weak supervision of digital business actors, low public legal literacy, ineffective dispute resolution mechanisms, and technological developments that progress faster than existing legal regulations. In addition, the protection of consumers’ personal data remains vulnerable due to the increasing volume of electronic data processing in e-commerce activities. This study highlights the urgency of strengthening regulatory supervision, improving digital legal literacy among the public, and optimizing personal data protection mechanisms to ensure legal certainty, justice, and security for consumers in Indonesia’s digital commerce ecosystem.
RECONSTRUCTING CONTRACT LAW: ADDRESSING INEQUALITIES AND ETHICAL CHALLENGES IN MODERN COMMERCIAL TRANSACTIONS Zulkifli; Muhibuddin; Rahmaniar; Nasrianti; Sofyan Jafar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The rapid expansion of digital platforms in Indonesia has reshaped its economy, with e-commerce transactions expected to reach IDR 487.01 trillion in 2024, positioning Indonesia as a major player in Southeast Asia's digital economy (Google, Temasek, & Bain, 2023). Despite the advancements, the platform economy has introduced significant inequalities between platform operators and consumers, leading to consumer exploitation through data manipulation, dynamic pricing algorithms, and unclear contract terms. These issues are further exacerbated by Indonesia’s existing legal framework, which struggles to address the challenges posed by digital transactions. This study critically evaluates Indonesia's consumer protection laws and identifies the gaps allowing these exploitative practices. It proposes a legal reconstruction model that focuses on ensuring transparency, fairness, and accountability in digital contracts. The study's key findings highlight the legal deficiencies in regulating platform monopolies, the need for clearer regulations on algorithmic pricing, and the underregulation of data privacy concerns. Recommendations for legal reform aim to enhance consumer protection, creating a more equitable digital economy.

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