Journal Indonesia Law and Policy Review (JILPR)
Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of high-quality original research with conclusions representing a significant advance, novelty or new finding in the field; (2) Topical Reviews: written by leading researchers in their fields, these articles present the background to and overview of a particular field, and the current state of the art. Topical Reviews are normally invited by the Editorial Board; (3) Comments: comment or criticism on work previously published in the journal. These are usually published with an associated Reply. Journal Indonesia Law and Policy Review (JILPR) publishes three (February, June, October) issues per year, published by IPEST, International Peneliti Ekonomi, Sosial and Teknologi. Article must publish in English.
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<![CDATA[Mediated Dispute Resolution in the Distribution of Outsourced Labor in the Gili Tramena Area ]]>
<![CDATA[Rahmawati Kusuma]]>;
<![CDATA[Zaeni Asyhadie]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.154
<![CDATA[This research aims to determine how the resolution of labor disputes through mediation in the outsourcing workforce distribution in the Gili Tramena (Trawangan, Meno and Air) tourism area, as well as the factors influencing the effectiveness of labor dispute resolution through mediation in the outsourcing workforce distribution. The legal status between workers and employers in an employment relationship is said to be the same, but empirically, this juridical fact is difficult to establish. In employment relationships, employers are often "perceived" to have a higher status than workers, leading to inequalities and misunderstandings. The issues to be discussed in this research are how labor dispute resolution through mediation in the outsourcing workforce distribution in the Gili Tramena tourism area and the factors influencing labor dispute resolution through mediation in the outsourcing workforce distribution in the Gili Tramena tourism area. This research is expected to provide positive benefits for the development of teaching materials for the Labor Law course at the Faculty of Law, University of Mataran, including enhancing the literature or references for the relevant course. In practical terms, the results of this research are expected to provide input to relevant parties on the methods of labor dispute resolution through mediation in the outsourcing workforce distribution.]]>
<![CDATA[The Role of the Police in Efforts to Overcome Sexual Violence Against Children ]]>
<![CDATA[Abdul Hamid]]>;
<![CDATA[Nanda Ivan Natsir]]>;
<![CDATA[Ruli Ardiansyah]]>;
<![CDATA[Titin Nurfatlah]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.155
<![CDATA[Sexual violence is an act that can be categorized as abnormal sexual relationships and behaviors, resulting in serious harm and consequences for the victims. Cases of sexual violence against children in West Nusa Tenggara are quite common. Based on data from the West Nusa Tenggara Regional Police (POLDA), the Central Lombok Police Resort handles the most cases of sexual violence against children. The purpose of this research is to understand the role of the police in efforts to combat sexual violence against children and to identify the challenges faced by the Central Lombok Police Resort in preventing sexual violence against children. The research method used in this study is empirical legal research. The implementation of legal protection for children who are victims of sexual violence in West Lombok Regency is in accordance with Article 64 paragraph (3) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. In addition, obstacles in the implementation of legal protection for children who are victims of sexual violence in Central Lombok Regency consist of internal and external factors.]]>
<![CDATA[Authority to Appoint Non-Permanent Employees by Personnel Management Officers or Other Officials ]]>
<![CDATA[Adityawarman]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.156
<![CDATA[This thesis examines and describes the dynamics of the existence of Non-Permanent Employees (PTT) after the enactment of the ASN Law and PP 49 of 2018. The nomenclature of Honorary Employees or Non-Permanent Employees (PTT) is no longer recognized in the ASN Law and PP 49 of 2018. This research aims to analyze the authority of Civil Service Development Officials in the Regions or other Officials in appointing Non-Permanent Employees (PTT) and analyzing the legal implications for the appointment of Non-Permanent Employees (PTT) after the promulgation of PP 49 of 2018. In this study using normative research types, namely normative legal research (legal research). The results of the research are: First, the ASN Law only recognizes a limited nomenclature of government employees, namely PNS and PPPK, then it is emphasized in PP 49 of 2018 which prohibits PPK or other officials from appointing non-PNS and/or non-PNS employees, from the aspect the authority of the PPK or other officials does not have authority in procuring PTT within the scope of the government agency under its auspices, previously PP 49 of 2018 procuring PTT could be carried out through the discretionary authority of each PPK. Second, the legal implications that can occur are, first, for PPK or other officials who still appoint PTT after the enactment of PP 49 of 2018 as a form of defiance of clear rules governing prohibitions and orders.]]>
<![CDATA[Legal Protection for Wives Regarding Disputed Joint Property Issues in Divorce Lawsuits ]]>
<![CDATA[Sri Hariati]]>;
<![CDATA[Musakir Salat]]>;
<![CDATA[Ita Surayya]]>;
<![CDATA[Fatahullah Fatahullah]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.157
<![CDATA[The purpose of this counseling is to understand the recognition of disputed joint property in divorce lawsuits and how the system of dividing contested joint property works in divorce lawsuits. It serves as input for readers, academics, and government authorities. The research method used is normative empirical legal research. The filing of joint property lawsuits can be done simultaneously with divorce lawsuits, child custody, child support, and spousal support (consolidated lawsuits) or separately after the divorce lawsuit is finalized. Both the husband and wife can file consolidated lawsuits. The wife can file more lawsuits than the husband, particularly in cases of spousal support (iddah and mut'ah), while if the husband files a lawsuit for spousal support, it becomes problematic because spousal support is the husband's obligation. The wife is entitled to iddah support. The common obstacle in seeking legal protection through joint property lawsuits in divorce cases is the wife's limited legal knowledge, which can affect outcomes that do not meet expectations.]]>
<![CDATA[Legality of Anesthesia Assistance in Surgical and Anesthesia Health Services in Hospital ]]>
<![CDATA[Bambang Eko Prasetyo]]>;
<![CDATA[Sutarno Sutarno]]>;
<![CDATA[Asmuni]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.159
<![CDATA[There is a demand from the community for quality health services, but the number of anesthesia service providers is still small. This poses a problem considering that it is the anesthesiologist who must accept the delegation of authority for medical anesthesia procedures. From these problems, this research aims to analyze the arrangements for assisting anesthesia services in hospitals and analyze the legal consequences for hospitals that employ health workers in anesthesia services that are not in accordance with competence and statutory regulations. This research method uses a normative juridical approach with statutory, conceptual and comparative approaches. The results showed that anesthesia services were only recognized after having applied a bachelor's degree in anesthesiology nursing and having certification in the form of Anesthesia Administration Registration Certificate and Anesthesia Management Practice License which are renewed every 5 years. Anesthesia service assistants who have a certificate must be able to carry out their professional authority responsibilities which include pre-anesthesia, intra-anesthesia and post-anesthesia authority by applying 5 competency standards which include legal ethics and patient safety; self-development and professionalism; effective communication; scientific basis of biomedical sciences, anesthesiology, and instrumentation; and clinical skills.]]>
<![CDATA[Hospital Responsibilities in Storing Electronic Medical Record Documents ]]>
<![CDATA[Sugianto Prajitno]]>;
<![CDATA[Mokhamad Khoirul Huda]]>;
<![CDATA[Asmuni]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.161
<![CDATA[Medical records in hospitals are data for compiling health information and every health service and every health service, whether providing outpatient or inpatient services, is required to make a medical record and sanctions are imposed for those who violate it in accordance with applicable laws and regulations. The aim of this research is to analyze the norms for storing and destroying manual medical record documents and to analyze the legal responsibility of hospitals for storing electronic medical records in hospitals. The type of research used in this research is legal research. This type of research is carried out by examining legal norms in applicable laws and regulations related to guidelines and codes of ethics for a profession, especially in this case, medical laboratory technology experts in providing health services. Specifically, the type of research is normative juridical or doctrinal research. The findings of this research are that the legal responsibility of hospitals for storing electronic medical records in hospitals has been regulated by Minister of Health Regulation No. 24 of 2022, while the responsibility of hospitals in implementing electronic medical records is also outlined in the Ministry of Health in the form of ministerial supervision through the director general. If deviations occur, administrative sanctions will be given in the form of a warning or revocation of accreditation status.]]>
<![CDATA[Legal Protection for Patients Participating in Health Insurance Administering Agencies with Heart Disease with Medication Restrictions in Outpatient Services in Hospitals ]]>
<![CDATA[Suwondo Ariyanto]]>;
<![CDATA[Mokhamad Khoirul Huda]]>;
<![CDATA[Asmuni]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.162
<![CDATA[Health is a human right that must be realized in accordance with Pancasila and the 1945 Constitution. BPJS patients have the right to get good health services and medicines according to their diseases, including heart disease. The administration of drugs in the National Health Insurance (JKN) program must be in accordance with the National Formulary (Fornas). There are rules regarding drug restrictions in Fornas that cause problems in outpatient services for BPJS patients with heart disease. The purpose of this research is to analyze the legal protection of patients and the hospital's responsibility for drug restrictions. Research Methods: The type used in this study is normative juridical with a statute approach and a conceptual approach. Collection and processing of legal materials using document studies or library materials with added literature, journals and expert opinions related to legal issues and then read, studied and analyzed to arrive at a conclusion. Results: Legal protection for BPJS patients with heart disease is contained in the 1945 Constitution and the Law on Health in 2023. The hospital is also responsible for BPJS patients to get medicines according to medical examination. Conclusion: BPJS patients with heart disease have legal protection to get optimal therapy and the hospital is responsible for administering restricted heart drugs so that patients get therapy according to the guidelines.]]>
<![CDATA[Hospital Legal Responsibilities for Misuse of Patient Personal Data In Electronic Medical Records ]]>
<![CDATA[Dian Ayu Lukitasari]]>;
<![CDATA[Mohammad Zamroni]]>;
<![CDATA[Andika Persada Putera]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.164
<![CDATA[The purpose of this study was to analyze the patient's personal data protection law in the electronic medical record and to analyze the legal responsibility of the hospital for the misuse of patient's personal data in the electronic medical record. This research uses normative research methods and uses statutory and conceptual approaches. The issuance of Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records which requires hospitals to maintain electronic medical records no later than December 31, 2022. The transition from conventional medical records to electronic medical records carries the risk of misusing patient personal data. The results of this study conclude that hospitals as personal data controllers and electronic system operators are required to implement Law Number 27 of 2022 concerning Protection of Personal Data in organizing electronic medical records except those specifically regulated by other laws and regulations and hospitals as corporations have legal responsibilities for misuse of patient personal data in electronic medical records, namely administrative liability, civil liability and criminal liability.]]>
<![CDATA[Medicolegal Aspects of Visum Et Repertum in Sexual Violence Criminal Cases ]]>
<![CDATA[Renny Sumino]]>;
<![CDATA[Adriano]]>;
<![CDATA[Budi Pramono]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.166
<![CDATA[One important component in disclosing the cases of criminal acts of sexual violence case is Visum et Repertum (VeR). Based on article 133 of the Criminal Procedure Code. VeR clarifies cases, especially in the context of proving someone's guilt relating to the body or parts of the human body. The purpose of this research is to analyze the medicolegal aspect in handling TPKS victims, especially victims of rape or sexual intercourse. By using normative research methods and using statutory and conceptual approaches. TPKS arrangements are regulated in Law Number 12 of 2022 concerning Crimes of Sexual Violence. Handling of TPKS victims is regulated through Minister of Health Decree number 1226/Menkes/SK/XII/2009 concerning Guidelines for the Management of Integrated Services for Victims of Violence Against Women and Children in Hospitals. Indonesian medical council regulation number 66 of 2021 concerning forensic and medicolegal medical education standards regulates clinical authority in handling TPKS victims. There are two regulations related to medical services for legal purposes, Minister of Health Regulation Number 38 of 2022 concerning Medical Services for Legal Purposes and Minister of Health Regulation Number 77 of 2015 concerning Guidelines for Mental Health Examination for the Interests of Law Enforcement.]]>
<![CDATA[The Urgency of Hospital Internal Regulations in Governance of Indonesian National Army Hospital ]]>
<![CDATA[Paulin Marwita]]>;
<![CDATA[Sutarno]]>;
<![CDATA[Adriano]]>
<![CDATA[ Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023 ]]>
Publisher : <![CDATA[International Peneliti Ekonomi, Sosial dan Teknologi ]]>
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DOI: 10.56371/jirpl.v5i1.169
<![CDATA[This research analyzed the component of hospital bylaws in the corporate governance of the Indonesian National Army Hospital and the urgent of hospital bylaws in association with protection and legal certainty of the Indonesian National Army Hospital. As a legal subject, the Indonesian National Army Hospital has certain legal obligations and they are not free from lawsuits, therefore the Indonesian National Army Hospital must equip themselves with adaptive and up to date hospital by laws that provide protection and legal certainty to the medical officers in peace and armed-conflict time. The hospital bylaws must contain the characteristics of the Indonesian National Army Hospital including code of ethics for military medicine, Indonesian National Army law, military discipline law, military court law, humanitarian law, human rights law and also describing the relationship between the owner of the hospital, in this case the chief of the staff of the army, with the head of the hospital and medical staff. Therefore, this research is juridical-normative research using statute, conceptual and comparative approaches.]]>
