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The Conflict of Justice and Legal Certainty in the National Criminal Code: A Middle Way

The research discusses the unclear meaning of Article 53 paragraph (2) of Law No. 1 of 2023 which states that "If in upholding law and justice as referred to in paragraph (1) there is a conflict between legal certainty and justice, judges must prioritize justice." Justice is used for judges to adjudicate cases and certain conditions are used as a benchmark for judges in making decisions. However, there are several existing definitions of justice, there are still many views. The norm in the article has a vagueness of meaning, making it difficult for judges to equate commensurate thoughts. The implication of vagueness results in disparity in the use of justice to be used by judges, this potential disparity needs to be prevented by mediating the conflict between justice and certainty and providing guidance for judges in using justice in their decisions. This research uses a normative research approach. The results showed that judges have the authority to choose justice that contains legal certainty because a just decision is a manifestation of legal certainty, justice itself is born with the freedom of judges. The formulation of Article 53 paragraph (2) of the Criminal Code needs to be interpreted correctly so that there is no disparity in decisions because justice is what the judge wants based on the law to create justice itself.

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Open Access
Implications of Personal Data Protection Law in Consumer Health Data Management to Improve Secure and Confidential Handling in Indonesia

The purpose of this study is to understand the impact of the implementation of the Personal Data Protection Law (PDP Law) on the management of consumer health data in Indonesia, with a focus on enhancing secure and confidential handling. In the midst of the rapidly evolving digitalisation era, the management of personal data, especially those related to health information, requires strict and effective legal regulation. This is becoming increasingly urgent given the increasing incidents of data leaks and privacy violations, one of which occurred in the leak of the Indonesian Ministry of Health's server which collected 6 million patient medical record data. The research method used is normative juridical with a conceptual approach and a statutory approach, where secondary data is broken down into three different types of legal materials, namely primary, secondary, and tertiary legal materials. The PDP Law and Consumer Protection Law are the primary legal sources, accompanied by the use of relevant literature as secondary legal sources as well as dictionaries and encyclopedias as tertiary legal materials to further explain. The novelty of this research lies in the comprehensive analysis of the existing regulations and their applicability in the health context, as well as considering the increasing public awareness of their rights to personal data. The results show that although challenges such as uneven technological infrastructure and lack of awareness among health staff still exist, the measures taken through the PDP Law have created a strong foundation for better health data protection in the future, improving security and confidentiality in health data management.

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Open Access
The Implementation of Equidistance Line on Maritime Delimitation between Indonesia-Australia in Perth Treaty 1997

This article proposes some suggestions to the government in renegotiating the Perth Treaty to provide a solution for a definitive maritime boundary between Indonesia and Australia. Renegotiation of the Perth Treaty in terms of maritime delimitation between the two countries needs to be done in relation to the limitation of sovereignty of both countries. This treaty has never been ratified by both countries after the signing in 1998. The fundamental reason of Australia is associated with the independence of Timor-Leste in 1999 so that the rebus sic stantibus principle then applies. This research employed legal method to provide recommendations to the government as a basis for renegotiating the Perth Treaty according to international law. It also used a statutory and case approach. There are underlying reasons for the urgency of renegotiating the Perth Treaty using the median line with an equidistance line approach. The median line in UNCLOS 1982 has proven to provide progressive results regarding the maritime delimitation of countries. However the decisions of the International Court of Justice, resulted in various side effects with the use of the median line as a single effort to resolve maritime delimitation disputes. Therefore, a new solution is proposed, namely the median line with an equidistance line approach as the most effective method to create justice for each party. The equidistance line in international law serves as a legal resolution method, emerging from customary practices. It is recognized as new customary law for resolving maritime delimitation disputes between countries. Harmonisation of the median line concept using the equidistance line approach in resolving maritime delimitation disputes between Indonesia and Australia is a new approach that can be used based on the successful harmonisation of these two concepts in resolving delimitation disputes globally.

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Open Access
State Responsibility in Protecting Indonesian Migrant Workers as Fulfillment of Human Rights

<p>This research aims to examine the state's responsibility in protecting Indonesian migrant workers in an effort to fulfill human rights. Indonesian migrant workers have an important role in the nation's economic development. As a contributor to the country's foreign exchange, legal protection for Indonesian migrant workers abroad is very important. The placement of migrant workers abroad has increased. The increasing interest of Indonesian migrant workers abroad is in line with the growing complexity of problems faced by Indonesian migrant workers in the form of human rights violations, verbal, physical, and sexual harassment, and other violence. The urgency of this research is to determine the role and responsibility of the state in protecting Indonesian migrant workers, especially those abroad, based on existing laws and regulations, such as the existence of Law Number 18 of 2017. This research is normative legal research. Updates and research results carried out by the government regarding the protection of Indonesian migrant workers have been regulated in Law Number 18 of 2017. Forms of protection are carried out starting before placement, during placement, and after placement. From the research conducted, it was concluded that the state's responsibility and protection for Indonesian migrant workers still need to be improved.<em></em></p>

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Open Access
Strengthening Regulations towards Implementation of Intellectual Property-Based Financing Scheme with YouTube Content as Collateral

This research aims at examining how the regulator can make regulation to optimize financing implementation with <em>YouTube </em>content as a collateral. This research is considered necessary, because besides Government Regulation Number 24 Year 2022 which becomes the basis to give financing under an intellectual property as a collateral, banking institutions might still be in doubt to implement such a financing scheme due to many weak supporting regulations. This research is conducted with a normative-juridical approach method. The research shows that there are still many regulations which have not accommodated the financing implementation of intellectual property-based financing scheme basis, especially those regulations related to valuation, recognition of intellectual property as a banking asset and execution of intellectual property when a debtor default. The weak regulation of these three aspects makes financial institutions doubtful to implement the intellectual property-based financing especially because bank activities are to collect and distribute funds to the society. The conclusions of this research show that basically there has been a method or way to anticipate the three problems, but it needs to be legalized in a form of regulation so that the bank has legal certainty and protection in its financing with intellectual property as the collateral. The regulators are supposed to be able to create regulation to optimize financing implementation with intellectual property as the collateral.

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Open Access
The Phenomenon of Violence Against Women and Children in Households

<p><em>This research aims to conduct a study and conduct more in-depth research regarding the phenomenon of domestic violence that occurs in the Tangerang City community. The background to the problem in this writing is that there are still many cases of domestic violence that occur in Tangerang City, there are people who have reported it but there are still many who have not reported it because of threats from their husbands, embarrassment, and so on. Therefore, this writing has an urgency that must be discussed and studied in depth by conducting research on various institutions that handle cases of domestic violence in Tangerang City</em><em>. T</em><em>his research method uses a qualitative juridical method using data collection in the form of observations, interviews, and documents carried out at the Tangerang City Metro Police, the Tangerang City Women's Empowerment, Child Protection, Population Control, and Family Planning (DP3AP2KB) Service, the Tangerang City Women's Empowerment and Child Protection Integrated Service Center (P2TP2A), and the Tangerang City District Court. The results of the research and discussion are that the violence that often occurs is physical violence, sexual violence, physical violence, and child neglect. The factors that cause this include economic factors, infidelity factors, educational factors, and employment factors. Efforts made to prevent domestic violence include education and outreach on violence against women and children in schools, Islamic boarding schools, and universities</em><em>.</em></p>

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Open Access