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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 414 Documents
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Construction of Telemedicine Implementation License Arrangements Application Based in Indonesia Hadiyantina, Shinta; Supaat, Dina Imam; Sudjati, Xaviera Qatrunnada Djana; Rahmatika, Nur Auliya; Maharani, Tiara
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.10

Abstract

Health services have become more accessible than ever due to the rise of telemedicine. Among the most popular are application-based telemedicine services, especially those offered by tech companies specialising in teleconsultation. In Indonesia, users are particularly drawn to e-services that partner with healthcare providers, pharmaceutical services or maternity care providers. However, unlike Malaysia and Singapore, which have made significant strides in telemedicine for their communities, Indonesia still faces a legal gap in regulating, implementing, guiding and overseeing telemedicine services—especially those that are application-based and developed by tech companies. This study adopts a juridical-normative approach, analysing Indonesian laws and regulations and comparing them with those in Malaysia and Singapore. Using statutory, conceptual and comparative methods, the study aims to generate specific ideas for implementing regulations to govern the licensing of application-based telemedicine in Indonesia. The findings indicate that Indonesia lacks specific licensing regulations for telemedicine services developed by tech companies. More detailed regulations could be introduced through government regulations that align with the legal framework and ‘beleidsregel’ (policy rules), utilising the discretionary authority of administrative officials to address this regulatory gap. This approach aligns with the legal principle lex semper dabit remedium, meaning ‘the law always provides a remedy’, resonating with the spirit of progressive law in society.
Legal Aspects of Telemedicine and Prevention of Malpractice Risks Nasution, Fatihana; Aji Lukman Ibrahim
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.9

Abstract

This study aims to determine the practice of implementing telemedicine in Indonesia and examine the legal formulation of telemedicine implementation to prevent malpractice risks to patients. The study employs a normative juridical method with a statutory and conceptual approach. Secondary data is utilised, including primary (legislation), secondary (literature reviews), and tertiary legal materials (dictionaries) relevant to telemedicine and its legal implications. The findings reveal that Indonesia currently lacks specific regulations governing telemedicine. The existing Health Minister Regulation Number 20 of 2019 is inadequate to comprehensively guide telemedicine practices in the country. As a result, the implementation of telemedicine carries significant legal risks. Based on established principles of medical practice, telemedicine poses malpractice risks because doctors do not physically examine patients. Furthermore, the current regulations fail to address the primary aspects of telemedicine comprehensively, exacerbating the risk of malpractice and creating legal uncertainty when malpractice occurs. To address these issues, it is crucial to develop specific telemedicine regulations. These regulations should define the doctor-patient relationship, outline the rights and obligations of all parties, ensure the protection of electronic medical records, establish criminal sanctions for violations, and create an independent supervisory body to oversee telemedicine practices.
Preventing Personal Data Misuse: Legal Protection in Online Loans Rahayu Hartini; Pramesti, Yashinta Chindy; Moh.Ali, Hasani
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.12

Abstract

The rapid growth of online lending platforms in Indonesia has raised concerns regarding personal data misuse. This research examines the legal protections available to protect personal data in online lending by emphasising the importance of strict regulations and legal enforcement mechanisms. This research also explores how existing laws, including the Indonesian Personal Data Protection Law, exist. This normative legal research employs a statutory approach. This research highlights gaps in current legislation by analysing cases of personal data breaches and unethical practices. It offers recommendations for strengthening the legal framework to prevent misuse of personal information. The research concludes that a stronger legal approach is needed to protect consumers from potential harm from online lending and promote trust in digital financial services.
Measuring Options for Customary Land Registration From the Perspective of East Nusa Tenggara Findings Chamdani, Muchammad Chanif
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.2

Abstract

This article identifies various options for administering the lands of customary law communities (MHA) that have been implemented or are enshrined in laws and regulations regarding the land sector in Indonesia and sees in what cases specific administration options can be implemented and what the possible challenges are. This research refers to secondary data from findings from the Inventory and Identification of Customary Land in 2021, especially in the province of East Nusa Tenggara. The research also uses a normative approach by examining laws and regulations regarding MHA land registration in the land sector. Based on rules and regulations in the land sector in Indonesia, there are several options for administering MHA lands, namely delineation of land parcels, registration of property rights, registration of communal rights, registration in the land register, and registration in the land management rights (HPL).
Appraisal Team: Responsibility and Principle of Fairness in Determining the Value of the Auction Object Limit Muslim, Shohib; Noerdajasakti, Setiawan; Setyowati, Dewi; Siboy, Ahmad
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.7

Abstract

Appraisal service companies are entities tasked with determining the true value of wealth or property for various trade transaction purposes, but they currently face a range of economic and legal challenges. This study analyses the appraisal team's principles of justice and legal responsibility in setting the minimum bid value for auctioned collateral. Employing a normative legal research method, this research draws on statutory, conceptual and case approaches supported by primary legal material. The findings show that the appraisal team is legally responsible for the values they determine for collateral auctions, with the liability encompassing three main areas, including civil liability. If the team is proven to have violated the provisions of the auction as mentioned in PMK Number 228 / PMK.01 / 2019 concerning Public Appraisers, they may face administrative sanctions, such as written warnings, restrictions on certain appraisal services, suspension of permits, or permit revocation. Furthermore, the Government has provided legal protection to auction buyers with good faith who participate in auctions in compliance with applicable regulations. Fairness must be achieved and upheld through just procedures to ensure fair results, giving all parties equal standing and rights in the auction process.
Disparity in Jurisprudence on Breaking a Marriage Promise Jeremia Alexander Wewo
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.4

Abstract

The study aims to analyse the differences in judicial decisions that classify breaking a marriage promise judgements as either breach of promise or wrongful acts against the Law and the legal implications of these differing judgments in breaking a marriage promise cases. The research adopts a normative legal approach. The findings reveal that the basis for judicial consideration in categorising cases as either breach of promise or wrongful acts varies significantly, as illustrated in two cases. In Case Number 8/Pdt.G/2019/PN.Mme, the judge ruled that the agreement between the petitioner and the respondent created a binding legal consequence, whereby the wedding vows established a binding commitment between the parties that could not be nullified, requiring good faith in fulfilment. Conversely, in Case Number 295/Pt.G/2020/PNKpg, the judge classified the respondent’s unfulfilled promise to marry the petitioner as wrongful, thus breaching the law. These differences in legal reasoning lead to legal uncertainty and the absence of legal order. The study suggests that a unified approach is essential for handling cases involving broken marriage promises, so that there is a need for the uniformity of the judge’s ruling in dealing with the marriage promises and this will be realized through the formulation of the provisions in the Circular Letter of the Supreme Court.
Reviewing Victimological Aspects and the Effectiveness of Legal Protection in Cases of Commercial Sexual Exploitation of Children Rosyada, Rosa Auliya; Muhammad Arief Dwi Ramadhan; Sumali
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.11

Abstract

This research is triggered by the rampant cases of commercial sexual exploitation of minors. Based on data from UNICEF, as many as 1,200,000 (one million two hundred thousand) children throughout the world are trafficked per year, with many factors causing this crime. Therefore, this research aims to examine in more depth the crime of commercial sexual exploitation of children by focusing on determining the victimological condition of the victim and also examining the effectiveness of legal protection against CSEC. This research method employs normative juridical research methods for collecting legal materials. Secondary legal sources were obtained by reviewing and studying various reference books, scientific articles and journals, while the primary ones referred to a statutory approach based on applicable laws and regulations and a case approach for criticising a case. With this research, it is hoped that the government can strive to protect CSEC victims through supervision, protection, prevention, treatment, rehabilitation, and a deterrent effect on the perpetrators. The role of international organisations is also needed to increase awareness and sensitisation of the community and children vulnerable to CSEC crimes and also as a way to help the victims' psychological recovery.
The Responsibility of Transboundary Haze Pollution: The Case of Wildfire in Canada Gunawan, Yordan; Hafsari, Dhayu Ajeng; Khasanah, Pentanita Uswatun; Arumbinang, Mohammad Hazyar
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.6

Abstract

Responsibility for losses other countries suffer due to haze pollution is a serious issue. Transboundary haze pollution responsibility is related to the impact of smog pollution in one country and negatively impacts other countries in the vicinity. A country should take responsibility for forest fires out of respect for the country and its citizens. One example is the forest fires in Canada that spread smoke to neighbouring countries. This involves cooperation between countries to reduce the risk of transboundary haze pollution. This article used qualitative descriptive research methods. Qualitative descriptive research methods seek to answer the "what," "how," or "why" questions related to the phenomenon under study. The aim is to understand the research subject deeply and not generalise the results to the wider population. This research article concludes the principle of state responsibility, which essentially contains the obligation of states that have an impact on other countries to make reparation to the aggrieved country and restore the condition of the concerned country. In Canada, there were frequent forest fires in previous years, causing haze that spread to various countries. By understanding the consequences of forest fires and haze spread, Indonesia should enhance its prevention and management strategies by adopting approaches from Canada's forest fire management. The Trail Smelter case serves as a benchmark for addressing haze pollution, and Canada's experience offers valuable lessons for Indonesia, which also faces similar wildfire risks.
Hospital Liability for Negligence of Medical Personnel Found in Hospitals Following the Issuance of the Constitutional Court Decision Number 82/PUU-XIII/2015 Khoironi, Moh. Lu'ay; Nazidah, Febrianti Putri Ainun
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.8

Abstract

As an important element in welfare efforts, everyone has the right to health services, like those provided by hospitals seeking to treat visiting patients. This measure certainly entails several elements, including health workers and medical personnel as in line with the Constitutional Court Decision Number 82 / PUU-XII / 2015, declaring Article 11, Paragraph (1) letter a of Law Number 44 of 2009 concerning Hospitals no longer valid, thus removing the existence of doctors and dentists as health workers. Under this decision, Doctors and dentists are identified as medical personnel. Article 46 of Law Number 44 of 2009 concerning Hospitals regulates that in the event of a malpractice that causes harm by health workers, a hospital is responsible for this misconduct unless the practice is performed outside of the hospital. However, doctors and dentists are no longer identified as health workers under the decision. In other words, any negligence committed by doctors and dentists should no longer hold the hospital liable This research employs a normative method supported by statutory and case approaches, while the legal materials were analysed based on descriptive-analytical methods
Paradigm of Recodification of Corruption in Criminal Code Against its Designation as Extraordinary Crime Bahar, Muhamad Ghifari Fardhana; Firdaus, Sendy Pratama; Fairuza, Hanny Hilmia
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.10

Abstract

In December 2022, the Government and DPR passed Law Number 1 of 2023 concerning the Criminal Code, setting out provisions on corruption previously regulated by special laws. The inclusion of corruption raises the question of whether including articles on corruption in the New Criminal Code will eliminate the title of extraordinary crime and its specificities. This research analyses the effect of the recodification of corruption articles in the New Criminal Code on the specificity of corruption and its designation as an extraordinary crime. This research uses normative research methods by examining the theory of various formal laws and regulations to answer legal issues. The results of his research are as follows: first, the recodification of corruption articles into the New Criminal Code is viewed from the perspective of Lawrence M Friedmann’s Legal System Theory. From the standpoint of legal substance, corruption does not terminate its designation as an extraordinary crime. From the legal structure perspective, corruption may terminate the title of extraordinary crime because there are restrictions on the KPK’s authority to calculate state financial losses. From the standpoint of legal culture, corruption remains an extraordinary crime. Second, the existence of the New Criminal Code affects the concept of punishment regulated in the Anti-Corruption Law, namely, the imposition of the death penalty regarding the death penalty regulated in the Anti-Corruption Law and changing the special minimum threat of Article 2 of the Anti-Corruption Law, which is lower from four to three years.

Page 39 of 42 | Total Record : 414

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