Rechtsvinding

Legal Analysis of Corporations with Alleged Exploitation of 1,047 Indonesian Students by Corporations in Internship Programs in Germany

Tue, 22 Apr 2025 00:00:00 +0000

Trafficking in persons is the act of recruiting, transporting, harboring, sending, transferring, or receiving a person by threat of violence, use of force, abduction, harboring, falsification, deception, abuse of power or vulnerable position, debt bondage or giving payments or benefits, so as to obtain the consent of the person who has control over the other person, both within the country and between countries, for the purpose of exploitation or resulting in exploitation. The practice of transnational crimes of trafficking in persons that violate human dignity has been going on throughout history in various parts of the world, including in Indonesia. This deep-rooted global phenomenon is essentially a modern manifestation of slavery, which fundamentally deprives people of their fundamental rights. This research uses a normative juridical method to analyze and examine the legal review related to the Crime of Trafficking in Persons in the case of exploitation of Indonesian students to Germany, legal responsibility for TPPO perpetrators, and countermeasures in the criminal justice system. The results show that international organizations such as IOM are needed to prevent similar cases in the future. The governments of Indonesia and Germany, together with international institutions, must improve regulations, supervision, and strict sanctions to prevent the occurrence of TPPO cases.

Immunization Rejection as a Parental Right and Children's Right to Health in the Perspective of Health Law in Indonesia

Repelita Witri, Marsudi Dedi Putra — Tue, 22 Apr 2025 00:00:00 +0000

Parental refusal of immunization for children creates a conflict between parental rights in caregiving and the child’s right to health, which is guaranteed by law. This research aims to analyze the conflict between these two rights within the framework of Indonesian health law and to explain the state's authority to protect children's health rights. This research uses a normative juridical method by analyzing legal regulations, scholarly literature, and legal principles concerning the best interests of the child. The results indicate that parental rights are relative and may be restricted if they endanger the child's health. The state has a constitutional obligation to ensure immunization as part of the child’s right to health. The best interests of the child principle form the legal basis for limiting parental rights, and refusal of immunization can be classified as neglect of the child’s rights. This study recommends strengthening immunization regulations, community education, and inter-institutional collaboration between health and legal sectors to ensure optimal protection of children's rights.

Non Conviction Base (NCB) Asset Forfeiture Regarding the Recovery of Assets from the Proceeds of Corruption Crimes

H. A. Lawali Hasibuan — Thu, 01 May 2025 00:00:00 +0000

Non-Conviction Based Asset Forfeitureas a new formulation in efforts to return assets resulting from corruption crimes can be adopted into the Indonesian national legal systemas an effort to restore state losses to the maximum. The state losses that have been returned are still not comparable to the state losses that actually exist due to corruption.The research method used is normative juridical law or library legal research (search library), by analyzing literature or secondary data relevant to the topic. This research is descriptive analytical, the data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations on Non Conviction Base (NCB) Asset Forfeiture against the Asset Confiscation Bill with data collection methods through document studies. The results of the study show that asset confiscation without criminalization orNon-Conviction Based Asset Forfeitureis a major breakthrough regarding the return of state wealth (asset recovery) issued by UNCAC in 2003. The conceptNCB Asset Forfeiturein essence is the seizure of assets from the perpetrator of a crime without any prior legal process. So in this case, the seizure is carried out in a civil manner (in brake) and is aimed at the perpetrator's assets without going through a criminal process.

Constitutional and Ethical Dilemmas in Gender Affirmative Care in Children with Gender Dysphoria

Achmad Hasan Alfarisi, Rahmat Wildan Safari Abdi — Sat, 03 May 2025 00:00:00 +0000

Gender dysphoria occurs not only in adults, but also in children under the age of majority. Their inner belief that their gender identity is not aligned with their physical body causes a desire to change their physical appearance through treatments that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapy. Proponents argue that these desires should be accommodated because everyone, including children, has the right to determine what can be done to their own bodies. In addition, some findings suggest that these treatments can provide positive psychological benefits for these children. On the other hand, opponents question whether the consent given by children who want such treatments is valid. In addition, providing irreversible medical treatment simply to affirm gender identity can have physiological and psychological impacts. So instead of affirming the wishes of these children, medical doctors should focus on saving them from irreversible medical actions. This discourse is carried out by considering the child's rights proportionally, which needs to be balanced by ensuring their knowledge and maturity in making decisions. Keywords: children, gender dysphoria, gender affirmative care, constitutional obligations

Protection of Personal Data in Electronic Medical Records (RME) in Healthcare Facilities Reviewed from a Human Rights Perspective

Mon, 05 May 2025 00:00:00 +0000

The advancement of digital technology has transformed medical record systems from conventional formats to Electronic Medical Records (EMRs). While EMRs enhance healthcare service efficiency, they also introduce challenges concerning the protection of patients’ personal data. Privacy issues have become increasingly critical and require examination from a human rights perspective, particularly the right to privacy and personal data protection. This study employs a normative qualitative method focusing on legal frameworks, human rights principles, and relevant regulations. Data were collected through literature reviews of national laws, international human rights conventions, academic journals, and official documents. A descriptive-qualitative analysis was used to construct a systematic and logical scientific argument. Findings show that patient data protection in EMRs is regulated under the Personal Data Protection Law and Ministry of Health regulations, emphasizing confidentiality, data integrity, and security in accordance with human rights standards. However, practical implementation faces several challenges, including inadequate technological infrastructure, low awareness among healthcare personnel, and weak oversight and law enforcement. These gaps result in a high risk of data breaches, driven by technical vulnerabilities, human error, misuse of access by internal staff, and the absence of effective monitoring systems. Although patients' rights to access and correct their data are legally acknowledged, consistent implementation across healthcare facilities remains limited.

Settlement of Rejection of Land Acquisition Activities According to Fiqh and Indonesian Law

Artiyanto Artiyanto, Elce Purwandari, Husni Husni — Tue, 13 May 2025 00:00:00 +0000

This research aims to formulate a mechanism for resolving objections from land rights holders to land procurement activities intended for public purposes. Employing a qualitative approach and literature study, this research is guided by Maslahat Theory with a comparative approach. It relies on secondary data, including primary, secondary, and tertiary legal materials. The study reveals that objections to land procurement activities have existed since the early period of Islam, notably during the times of Prophet Muhammad SAW and al-Khulafā' ar-Rāshidun. Fiqh does not provide a standardized mechanism for resolving land rights holders' objections to land procurement, instead leaving resolution to government policy based on the broader benefits of the state and religion, ensuring land rights holders are not oppressed or harmed. Based on resolutions used by early Islamic caliphs, this research identifies three resolution methods: discussion and dialogue, tahkim (arbitration), and court proceedings. Implementing these three methods is entrusted to the government, tailored to local customs (uruf) and the evolving dynamics of land procurement regulations for public purposes. In Indonesia, objections to land procurement activities are comprehensively regulated, notably through Law No. 2 of 2012 on Land Procurement for Development in the Public Interest.

Penal Policy Against Online Gambling Criminals Reviewed from Law Number 19 of 2016 Concerning Electronic Information and Transactions

Aras Firdaus, Mohd. Ansor Lubis, Daniyel Arkan, M. Taufik Kurniawan — Thu, 15 May 2025 00:00:00 +0000

Legal efforts from the government carried out by law enforcers for criminal acts of online gambling. The implementation of legal applications in society does not only depend on legal awareness in society, but is also greatly influenced by law enforcement officials. Current developments that encourage progress in the field of technology have a positive impact on society so that people can easily access various websites on electronic media. Developments in internet-based electronic media can also have negative impacts such as online gambling. Online gambling is a form of betting between fellow players who use money as a bet, so online gambling users can do this via electronic media connected to the internet. Online gambling is one of the unlawful acts carried out by adults and teenagers, but it also violates the values and norms that exist in society. Therefore, legal efforts from the government against online gambling players are increasingly common in society due to developments in science and technology. One type of gambling that will be followed up is online slots. The government requires strict criminal action to be imposed on online gambling users. Criminal acts for online gambling perpetrators in Indonesia are regulated in Article 303, article 303 bis of the Criminal Code, article 2 paragraphs (1), (2), (3) of Law no. 7 of 1974 concerning Controlling Online Gambling and also article 27 paragraph 2 Jo. Article 45 paragraph 2 of the ITE Law.

Legal Review of the Provisions on “Cohabitation” Based on Law Number 1 of 2023 Concerning the Criminal Code

Azwir Agus — Fri, 16 May 2025 00:00:00 +0000

Cohabitation or kumpul kebo is a popular term in society to refer to people who live together as husband and wife but are not married or outside of a legal marriage as regulated in Law Number 1 of 2023 concerning the Criminal Code. The research method used is normative juridical or library research, by analyzing library materials or secondary data that are relevant to the topic. This research is descriptive analytical, namely data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations on Cohabitation as regulated in Articles 412, 417, 418, 419 with data collection methods through document studies. The results of the study show that the provisions of the laws and regulations governing cohabitation in the new Criminal Code create legal uncertainty and even lead to the criminalization of all perpetrators of sexual intercourse who are not bound by a legal marriage to become a criminal offense that results in the restriction of a person's individual rights which causes the loss of human rights protection as regulated in the 1945 Constitution.

Resolution of Traffic Accident Cases Resulting in Death Through Restorative Justice (A Study at the Polrestabes Medan)

Omar Abdul Rahman Bahajjad, Nanang Tomi Sitorus — Sun, 18 May 2025 00:00:00 +0000

Traffic accidents that result in fatalities are tragic events that not only affect the victim and the perpetrator, but also the victim's family and the wider community. In an effort to achieve a more humane and just resolution, restorative justice approaches have been adopted as an alternative to formal court proceedings in criminal cases. This study aims to analyze the application of restorative justice by the Traffic Unit (Satlantas) of Medan City Police (Polrestabes Medan) in handling fatal traffic accident cases and identify the supporting and inhibiting factors in its implementation. This research uses normative juridical method with qualitative approach, supported by primary and secondary data collected through literature study and interviews with police officers and related stakeholders. The results showed that the implementation of restorative justice at Satlantas Polrestabes Medan involved a mediation process between the offender and the victim's family, with the participation of community leaders and under police supervision. Agreements reached usually include an apology, compensation, and a commitment to prevent future offenses. Supporting factors for this approach include mutual agreement between the parties and support from the community and law enforcement.

The Effectiveness of Law Enforcement Against Fraud in the Implementation of the National Health Insurance Program (JKN)

Setyarini Setyarini, Kuntardjo Carolina, Sugiati Ratna, Respati Giri — Thu, 22 May 2025 00:00:00 +0000

This study aims to analyze the effectiveness of law enforcement against fraud in the implementation of the National Health Insurance (JKN) program and formulate recommendations to strengthen the legal system and supervision. The method used is normative legal research with a normative juridical approach, including documentation studies of laws and regulations, legal doctrines, and other secondary legal sources. The data analysis technique follows the model of Miles & Huberman (2018) through data reduction, data presentation, and conclusion drawn. The results of the study show that the effectiveness of law enforcement against fraud in the JKN program is still low because the sanctions regulated in regulations, such as the Regulation of the Minister of Health Number 16 of 2019 and Government Regulation Number 28 of 2024 as the implementing regulations of the Health Law number 17 of 2023, are only administrative in nature and do not include strict criminal sanctions, so they do not have a deterrent effect on fraudsters. Weak inter-agency coordination, a lack of optimal supervision and reporting systems, and low public participation in reporting fraud also exacerbate this condition. The analysis also found that the main obstacles came from the lack of legal literacy of participants, weak regulatory supervision, and the lack of optimal implementation of sanctions against violating service providers. To increase the effectiveness of law enforcement, stronger regulatory reforms, strengthening the supervision system, and intensive socialization are needed so that the rights of JKN participants can be optimally protected and public trust in the National Health Insurance program can increase.

Legal Force of Decision of Consumer Dispute Resolution Agency (BPSK) on Rejection of Life Insurance Claims

Maslon Hutabalian, Ida Nadirah — Mon, 26 May 2025 00:00:00 +0000

Claim rejection by life insurance companies is one form of consumer dispute that often occurs in the financial services sector. To ensure legal protection for consumers, the Consumer Dispute Resolution Agency (BPSK) is authorized to resolve disputes outside the court quickly, simply, and cheaply. This study aims to analyze the legal force of BPSK decisions on life insurance claim rejection disputes and the extent of their effectiveness in practice. The method used is a normative legal approach with an analysis of laws and regulations, BPSK decisions, and related court decisions. The results of the study indicate that BPSK decisions have final and binding legal force if no objections are filed with the court within the specified time period. However, the effectiveness of its implementation is often hampered by institutional weaknesses and overlapping authority with other financial services sector dispute resolution institutions.

Legal Review of Criminal Law on Children as Victims of Human Trafficking (Study of Decision Number: 1824/Pid.Sus/2023/PN.Mdn)

Putri Ayu Marsally, Sugih Ayu Pratitis, Muslim Harahap — Fri, 06 Jun 2025 00:00:00 +0000

Children are a vulnerable group that requires special legal protection, especially in cases of human trafficking. The research method used is normative juridical or library research, by analyzing library materials or secondary data relevant to the topic. This research is descriptive analytical, namely data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations and law enforcement against children as victims of human trafficking as regulated in Article 2 and Article 3 of Law Number 21 of 2007 concerning TPPO and Article 455 - 257 of Law Number 1 of 2023 concerning the Criminal Code with data collection methods through document studies and interviews. Research Results Show that criminal law in Indonesia has strictly regulated the protection of children as victims of human trafficking, both through Law Number 35 of 2014 concerning Child Protection and Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking, then in Decision Number: 1824 / Pid.Sus / 2023 / PN.Mdn Shows the role of law enforcement officers is quite significant in enforcing the law and providing justice for child victims, although there are still challenges such as evidence, protection of witnesses / victims, and psychological recovery of children after the incident.

Legal Protection for Injured Parties in Goods and Services Procurement Agreements

Alifa Alifa, Maman Sudirman, Benny Djaja — Thu, 19 Jun 2025 00:00:00 +0000

The procurement of products and services is an important component of economic activities, both in the public and private sectors. Nevertheless, in practice, legal complications often arise, which can hinder the progress of the project and result in financial losses for all parties. Administrative errors, violations of the law, and differences in contract interpretation that result in disputes are some of them. The purpose of this study is to investigate the legal protections afforded to aggrieved parties in procurement agreements. The expected result is a reduced risk of disputes and increased transparency and effectiveness in the procurement process through an understanding of the legal aspects that govern procurement. Legal protection in disputes over the procurement of goods and services was analyzed using a qualitative method with an analytical descriptive approach in this study. Data was collected from primary legal sources, including statutes, regulations, and court rulings, as well as secondary sources, including academic journals, books, and research reports. The findings of the study show that the procurement of goods and services still faces a range of challenges, including regulatory uncertainty and less transparent practices, which hinder legal protection. Therefore, the mechanism for procurement of goods and services needs to be improved to increase effectiveness and fairness in resolving disputes.

Legal Protection for Parties in Online Sale and Purchase Agreement

Helda Leriana, Benny Djaja, Maman Sudirman — Fri, 20 Jun 2025 00:00:00 +0000

More and more people are taking advantage of the convenience offered by online shopping thanks to advances in information technology. Nevertheless, there are a number of legal issues lurking behind the convenience offered, including unclear rights and responsibilities of the parties, conflict resolution, and consumer protection from unsuitable or harmful products. The purpose of this study is to examine the strengths and weaknesses of the Indonesian legal system, evaluate the effectiveness of existing regulations, and determine the extent to which the parties to online sales and purchase agreements are legally protected. This study uses a qualitative normative juridical methodology, with information gathered from a review of laws, scientific articles, and other relevant legal documents. The results of the study show that the low level of public legal literacy and the absence of an efficient online dispute resolution process are 2 (two) areas where the laws governing consumer protection still have room for improvement. To build a secure and sustainable digital commerce ecosystem, existing legal protections for online transactions need to be optimized and legal education for consumers and business actors needs to be improved.

Open Legal Policy Regarding the Age Limit of Notary Public Based on Constitutional Court Decision Number. 84/PUU-XXII/2024

Gerald Elisa Munthe — Wed, 25 Jun 2025 00:00:00 +0000

Open legal policy emerged when the 1945 Constitution gave an order to regulate a norm through a law, in this case the Legal Regulation of Article 8 Paragraph (2) of Law Number 2 of 2014 as an amendment to Law Number 30 of 2004 concerning the Position of Notary. The research method used is normative juridical or library research, by analyzing library materials or secondary data relevant to the topic. This research is descriptive analytical, namely the data obtained and processed and analyzed to provide a comprehensive picture of the open legal policy in the norming of Article 8 paragraph (2) which regulates the age limit of the notary office as stated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary. Research Results Show that the determination of the age limit for notaries is part of an open legal policy that is within the authority of the legislators, as long as it does not conflict with the principles guaranteed in the 1945 Constitution. However, this policy can be considered invalid if it violates constitutional principles, such as the principle of non-discrimination, equality before the law, and the feasibility and rationality of public policy.

Criminal Policy as an Instrument for Controlling Criminal Acts Based on Restorative Justice

Shulhan Iqbal Nasution — Mon, 30 Jun 2025 00:00:00 +0000

Criminal policy in Indonesia plays an important role in crime control efforts, but the dominant approach, namely retributive, has not been able to resolve the roots of social problems and restore victims' rights comprehensively. The research method used is normative juridical or library research, by analyzing library materials or secondary data that are relevant to the topic. This research is descriptive analytical, namely the data obtained and processed and analyzed to provide a comprehensive picture of criminal policy functioning as an instrument for controlling criminal acts based on restorative justice with data collection methods through document studies and interviews. Research Results Show that Criminal Policy in Indonesia has not been able to resolve the root of social problems and restore victims' rights comprehensively. Therefore, a more humanistic and participatory policy reformulation is needed through a restorative justice approach. Restorative justice offers a resolution mechanism that actively involves perpetrators, victims, and the community with the main goal of recovery and reconciliation. Although its implementation has begun through a number of internal policies of law enforcement institutions, its implementation still faces structural and normative challenges. Optimizing this approach requires strengthening regulations, increasing the capacity of officers, and shifting the legal culture from an orientation towards revenge towards just social recovery

The Urgency of Customer Personal Data Protection in Digital Banking

Alvin Hamzah Nasution — Tue, 08 Jul 2025 00:00:00 +0000

The development of digital technology in the financial sector has transformed banking services to be more open, fast, and data-driven. On the other hand, the increasing intensity of processing customers' personal data also poses new challenges related to the protection of privacy rights. This study aims to examine the urgency of legal protection for customers' personal data in Indonesia's digital financial ecosystem. The method used is a normative legal approach with an analysis of regulations such as Law Number 27 of 2022 concerning Personal Data Protection and POJK No. 6/POJK.07/2022. The results of the study show that although Indonesia already has a formal legal framework, its implementation still faces obstacles such as the absence of a data supervisory authority, low digital legal literacy among the public, and weak enforcement of sanctions. Therefore, a holistic approach is needed in the form of strengthening regulations, public education, and harmonization with international standards to guarantee customer rights and build a safe and sustainable digital financial industry.