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- Research Article
- 10.54752/ct.1738965
- Jan 24, 2026
- Çalışma ve Toplum
- Mahmut Kılıç + 3 more
This study aims to examine the relationship between occupational diseases and socioeconomic variables in Türkiye during the ten-year period following the enactment of the Occupational Health and Safety Law (2013–2022). Data were obtained from publicly available sources provided by the Social Security Institution (SSI), the Turkish Statistical Institute (TURKSTAT), and the World Bank. According to the findings, the incidence rate of occupational diseases increased from 2.67 per 100,000 workers in 2013 to 6.8 in 2019, followed by a decline to 4.81 in 2022, likely due to the impact of the COVID-19 pandemic. A significant positive correlation was found with the Human Development Index (r=0.759), while a significant negative correlation was observed with per capita income (r = –0.903, p < 0.01). The highest incidence rates were recorded in Eastern Marmara, Istanbul, and the Aegean regions, where industrial activity is most concentrated. These results indicate that occupational diseases are influenced not only by workplace conditions but also by broader economic and social factors. Therefore, preventive measures should address both sector-specific risks and regional socioeconomic disparities.
- Research Article
- 10.63363/aijfr.2026.v07i01.3089
- Jan 22, 2026
- Advanced International Journal for Research
- Ekta Saini
The use of euthanasia to relieve the suffering of terminally ill people is one of the most intriguing ethical, medical, and legal challenges of our time. The debate on legalising euthanasia and assisted suicide has a wide range of partakers including physicians, scholars in ethics and health law, politicians, and the general public. So to say it occupies a significant place in public policy discussions, for one of the most crucial issues in this discussion is the right to life, which is the central concern for all. Generally, the line of argument that supports the rejection of euthanasia is the belief that intentionally inflicting death on another human being is inherently wrong, and that the risks and harms of legalising euthanasia outweigh any benefits. On this moral dilemma, this paper will explore the Ethical alternatives to euthanasia, or whether there should be any. and examine the compatibility of euthanasia with physicians' primary mandate of healing. This paper will focus on the implications concerning the human right to live, especially in the field of medicine, and aims at expositing the issues of euthanasia from legal, social, and ethical perspectives.
- Research Article
- 10.12968/bjon.2026.0017
- Jan 22, 2026
- British journal of nursing (Mark Allen Publishing)
- Richard Griffith
Richard Griffith, Senior Lecturer in Health Law at Swansea University, uses examples from recent case law to illustrate when the compulsory treatment of physical disorders under the Mental Health Act 1983 would be lawful.
- Research Article
- 10.61860/jigp.v4i3.323
- Jan 20, 2026
- JURNAL ILMIAH GEMA PERENCANA
- Wildanul Hakim
This policy paper provides a policy overview that examines the crucial issue of the high administrative workload of Community Health Center staff in Bima City caused by the practice of double data input (manual and digital), which directly reduces the effectiveness of clinical service time for patients. This problem is analyzed as rooted in three main dimensions: limited information system interoperability, the use of heterogeneous legacy technology, and low Human Resources competency due to irrelevant training. The methodology used in writing this policy is Qualitative Policy Analysis through the Structural Problem Analysis approach and Comprehensive Literature Review. This analysis involves mapping the problem using a causality framework, evaluating policy alternatives based on William N. Dunn's criteria, and tracing regulatory support from the Health Law to the Minister of Health Regulation on Electronic Medical Records. The results conclude that the failure of integration is not merely a technical problem, but rather a failure of governance that triggers Human Resources inefficiency and a decline in data quality. The main policy recommendation is the simultaneous issuance of two Mayoral Regulations: 1) the Mayoral Regulation on Interoperability Standards and One Health Data that enforces system standardization to address the root of the technological problem, and 2) the Mayoral Regulation on Digital Competency Certification and Electronic-Based Service Performance Indicators that ties officer Performance Allowances to digital input compliance.
- Research Article
- 10.24815/kjih.v27i3.134
- Jan 19, 2026
- KANUN:JURNAL ILMU HUKUM
- Tengku Keizerina Devi Azwar + 1 more
Traditional medicine, as part of Indonesia’s healthcare system, is a form of treatment distinct from modern medicine that aims to complement technological advances. This article analyzes changes in health law amid globalization and its relationship to traditional medicine within Indonesia’s legal framework, focusing on Law Number 17 of 2023 and its derivative instruments. This normative legal study emphasizes conceptual and legislative approaches. The findings indicate that regulation of traditional medicine as part of the globalizing health system has been addressed through the Health Law and Government Regulation on Traditional Health Services. However, legal certainty regarding the liability of traditional medicine and the protection of patient rights remains insufficient. Therefore, strengthening regulations, improving supervision, enhancing public education, and establishing a responsive dispute-resolution system are essential to protect patients while ensuring the continuity of traditional medicine. The regulation of traditional medicine in Indonesia possesses specific characteristics that may require special regulations or affirmative action to address liability for errors or shortcomings within the Health Law and related regulations. Consequently, it is necessary to bolster derivative regulations, intensify supervision, expand public education, and implement a responsive dispute-resolution framework to safeguard patients and sustain traditional medicine in the era of globalization. Revising the Health Law and related regulations to reflect the scientific development of traditional medicine and to ensure accountability for medical negligence, surveillance, and patient rights is a strategic step toward clearly delineating accountability mechanisms, operational standards, and patient-protection guarantees.
- Research Article
- 10.12996/gmj.2025.4398
- Jan 19, 2026
- Gazi Medical Journal
- Osman Faruk Bayramlar + 1 more
Objective: This study examined the effects of the occupational health and safety (OHS) Law No. 6331, enacted in Türkiye in 2013. It analyzed the rates of work-related accidents (WrAs), occupational diseases (ODs), and work-related mortalities (WrMs) among compulsory insured workers from 2007 to 2023. Additionally, it aimed to reveal the situation prior to the introduction of compulsory OHS services for public institutions and low-risk workplaces with fewer than 50 workers in 2025. Methods: Using data from Türkiye’s Social Security Institution (SSI), trends across 81 cities were examined through an epidemiological, observational, and descriptive design. Indirect standardization was applied to adjust for variations in the number of “4-1/a compulsory insured” workers, allowing for comparisons of standardized (s) WrA, sOD, and sWrM ratios between cities. Results: The number of insured workers in Türkiye nearly doubled during the study period. Regional disparities became evident, with sWrA ratios higher in western provinces and sWrM ratios elevated in the east. Zonguldak, Bilecik, Kütahya, Manisa, Bartın, Karabük, and Kocaeli consistently showed the highest standardized ratios. After the law’s implementation, sWrA rose in the Black Sea region, while a modest rise in sOD was detected in Marmara. Peaks in sWrM occurred in various cities, with clustering observed in the Eastern Black Sea. Conclusion: This study highlights systemic weaknesses and regional inequalities in Türkiye’s OHS landscape. The upcoming 2025 expansion of Law No. 6331 provides an opportunity for improvement; however, persistent underreporting, limited diagnostic capacity for occupational diseases, and uneven implementation across regions suggest that significant structural gaps remain.
- Research Article
- 10.62383/amandemen.v3i1.1517
- Jan 19, 2026
- Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
- Emirza Nur Wicaksono
This research examines the disproportionate allocation of legal responsibility between doctors and nurses in Indonesia’s health care system and proposes measures to reorganize accountability in a more fair and proportional way. The issue addressed stems from shortcomings in existing regulations, which have not yet ensured legal certainty or balanced legal protection for both professions in clinical practice. The study uses a normative juridical method, applying both statutory and conceptual approaches. The statutory approach reviews laws and regulations that govern professional authority and legal liability of doctors and nurses, while the conceptual approach analyzes legal principles, doctrines, and concepts related to professional responsibility in health services. Legal materials are collected through library research, including primary, secondary, and tertiary legal sources, and are analyzed using qualitative descriptive methods. The results show that although statutory provisions formally regulate the distribution of authority and responsibility between doctors and nurses, there are still normative uncertainties, overlapping regulations, and legal gaps. These issues may lead to an unequal burden of legal responsibility, particularly in cases involving medical errors or negligence. Such conditions weaken legal protection for nurses and can negatively affect the quality of health care delivery. The study concludes that regulatory reform is needed to clarify legal responsibility in accordance with professional authority and to implement a more just and proportional system of accountability. The findings are expected to enrich health law studies and provide guidance for policymakers in developing a fairer legal responsibility framework for health professionals.
- Research Article
- 10.36948/ijfmr.2026.v08i01.66789
- Jan 19, 2026
- International Journal For Multidisciplinary Research
- Venugopal Reddy Iragamreddy
Healthcare organisations function within high-pressure environments that demand continuous service delivery, emotional resilience, and operational efficiency. However, growing evidence indicates that work life imbalance, mental stress, and workplace harassment among healthcare staff both clinical and non-clinical have emerged as critical challenges affecting workforce well-being, organisational culture, patient safety, and long-term business sustainability. These issues are largely systemic, rooted in organisational structures, leadership practices, workload expectations, and hierarchical power dynamics rather than individual vulnerabilities. This comprehensive review examines the prevalence, determinants, and manifestations of work life imbalance, psychological stress, and workplace harassment in healthcare settings. It analyses their impact on organisational structure, productivity, financial performance, and ethical governance, with a particular focus on the Indian healthcare context. The article further integrates India specific legal and regulatory frameworks, including POSH and occupational health laws, and proposes evidence based, leadership driven strategies to foster psychologically safe, resilient, and sustainable healthcare organisations. Addressing these challenges is not merely a human resource obligation but a strategic and ethical imperative for healthcare institutions.
- Research Article
- 10.33751/jhss.v10i1.16
- Jan 17, 2026
- JHSS (Journal of Humanities and Social Studies)
- Irfan Setyo Nugroho + 3 more
Patient safety incidents are unintentional events, an incident that can allow injuries that could have been avoided. When a patient safety incident occurs in a health facility, especially a hospital, a patient safety incident report must be made as a lesson so that it does not happen again in the future. Both Indonesia and Malaysia certainly have their own regulations in reporting patient safety incidents. So the purpose of this study is to find similarities and differences in reporting patient safety incidents in Indonesia and Malaysia. This type of research is a normative legal research with a comparative legal method approach and normative analysis. Legal sources obtained through secondary data through primary, secondary and tertiary legal sources. For the data validity technique, the data source triangulation technique is used, for data analysis techniques, secondary data is collected from primary sources and secondary sources, then the researcher studies and makes a summary. Based on the analysis, it can be concluded that there are similarities and differences regarding reporting of patient safety incidents in hospitals in Indonesia and hospitals in Malaysia. The author suggests that the Indonesian government should conduct a judicial review regarding the reporting of patient safety incidents in hospitals in a simpler way. For the hospital, it should always submit a report when a patient safety incident occurs so that it can be used as a lesson and not happen again in the future.
- Research Article
- 10.18623/rvd.v23.n2.4420
- Jan 16, 2026
- Veredas do Direito
- Idianto + 2 more
The implementation of menstrual leave for female workers represents a significant component of the protection of reproductive rights, as outlined in Indonesia’s Labour and Health Laws. Law No. 13 of 2003 provides female workers with the entitlement to refrain from work on the first and second days of their menstrual period, ensuring that they continue to receive their wages during this time. Nonetheless, implementing this is frequently obstructed by insufficient understanding among companies and prevailing negative perceptions of women who assert this right. Conversely, Law Number 17 of 2023 regarding Health establishes a legal framework to safeguard women’s reproductive health, including the provision of quality health services. For the effective implementation of menstrual leave rights, it is essential to foster collaboration among the government, employers, and relevant agencies. This can be achieved through socialisation and education that promote equality and welfare for female workers in Indonesia.
- Research Article
- 10.3390/healthcare14020222
- Jan 16, 2026
- Healthcare (Basel, Switzerland)
- Alina Doina Tanase + 4 more
Background and Objectives: Payment parity laws require commercial health plans to pay for telehealth on the same basis as in-person care. We systematically reviewed open-access empirical studies to identify and synthesize empirical U.S. studies that explicitly evaluated state telehealth payment parity (distinct from coverage-only parity) and to summarize reported effects on telehealth utilization, modality mix, quality/adherence, equity/access, and expenditures. Methods: Following PRISMA 2020, we searched PubMed/MEDLINE, Scopus, and Web of Science for U.S. studies that explicitly modeled state payment parity or stratified results by payment parity vs. coverage-only vs. no parity. We included original quantitative or qualitative studies with a time or geographic comparator and free full-text availability. The primary outcome was telehealth utilization (share or odds of telehealth use); secondary outcomes were modality mix, quality and adherence, equity and access, and spending. Because designs were heterogeneous (interrupted time series [ITS], difference-in-differences [DiD], regression, qualitative), we used structured narrative synthesis. Results: Nine studies met inclusion criteria. In community health centers (CHCs), payment parity was associated with higher telehealth use (42% of visits in parity states vs. 29% without; Δ = +13.0 percentage points; adjusted odds ratio 1.74, 95% CI 1.49-2.03). Among patients with newly diagnosed cancer, adjusted telehealth rates were 23.3% in coverage + payment parity states vs. 19.1% in states without parity, while cross-state practice limits reduced telehealth use (14.9% vs. 17.8%). At the health-system level, parity mandates were linked to a +2.5-percentage-point telemedicine share in 2023, with mental-health (29%) and substance use disorder (SUD) care (21%) showing the highest telemedicine shares. A Medicaid coverage policy bundle increased live-video use by 6.0 points and the proportion "always able to access needed care" by 11.1 points. For hypertension, payment parity improved medication adherence, whereas early emergency department and hospital adoption studies found null associations. Direct spending evidence from open-access sources remained sparse. Conclusions: Across ambulatory settings-especially behavioral health and chronic disease management-state payment parity laws are consistently associated with modest but meaningful increases in telehealth use and some improvements in adherence and perceived access. Effects vary by specialty and are attenuated where cross-state practice limits persist, and the impact of payment parity on overall spending remains understudied.
- Research Article
- 10.18623/rvd.v23.n2.4141
- Jan 16, 2026
- Veredas do Direito
- Abdullah Ali Salim Alshibli + 1 more
Being fundamental social and economic rights, the right to food also accompanies the most basic elements of human decency and the fundamental rights to live, be healthy, and develop in a sustainable manner. Article 11 of the 1966 International Covenant on Economic, Social and Cultural Rights makes it a statute of the States Parties to ensure the availability of food that is adequate, safe, and healthy, and to take legal and institutional measures to eliminate hunger. Oman is asserted, in the Basic Law, not to recognize this right, but this can be understood by the provisions of Article 17 of Royal Decree No. (6/2021) which is a recognition of the commitment of the State to its citizens to the assured standard of living. Increased national efforts of Oman Vision 2040 arguably observe this right by focusing on food self-sufficiency and sustainable social well-being. This paper attempts to provide the legal foundation of the right to food in Omani Law and examine its compliance to the international standards. It considers a number of laws such as the Consumer Protection Law (Royal Decree No. 66/2014), the Competition Protection and Anti-Monopoly Law (Royal Decree No. 67/2014) and the Public Health Law, the Environmental Protection and Pollution Control Law, as well as the Laws on Agriculture and food Security. The research analyzes the way Omani law sustains development, intertwining food security with human rights. The conclusions drawn from the research suggest the precisely defined the right to food ought to be balanced with the goals of development through the additional focus of intergenerational food equity. The research suggests the need to incorporate contemporary devices such as AI and renewable energy to enhance the advanced food production systems.
- Research Article
- 10.54536/ajet.v5i1.6050
- Jan 14, 2026
- American Journal of Education and Technology
- Rich Paulo S Lim + 1 more
This study evaluated the implementation of Gender and Development (GAD) programs among public secondary schools in Region III, Philippines. Anchored on Republic Act 9710 or the Magna Carta of Women and DepEd Order No. 32, s. 2017, the research examined the extent of compliance of schools with gender-responsive education policies. Using a descriptive evaluative design, data were collected from 80 GAD coordinators through a researcher-made survey validated by experts in the field. The study described school profiles in terms of School-Based Management (SBM) levels, number of GAD coordinators, and GAD-related awards. Results indicated that most schools are at SBM Level III, though few have received GAD-related recognition. Findings revealed that schools generally comply with GAD requirements in curriculum, instruction, assessment, public affairs, and work environment, but partial compliance persists in areas such as provision of learning resources, monitoring and evaluation mechanisms, computerization, and establishment of pools of experts and legal counsels. Common programs implemented include gender sensitivity orientations, seminars on sexuality, teenage pregnancy, reproductive health, and anti-violence laws. A GAD Mainstreaming Framework was proposed, highlighting three core standards: expanded opportunities for advocates, inclusive research for development, and accelerated human capital in education. The study concludes that while substantial progress has been made in institutionalizing GAD policies, gaps in expertise, resource development, and recognition mechanisms remain. Implications for educational management emphasize the need for sustained monitoring, stronger policy enforcement, and resource support to achieve a gender-responsive education system.
- Research Article
- 10.1111/jols.70031
- Jan 13, 2026
- Journal of Law and Society
- Matthew Watkins + 3 more
Abstract Devolution since 1998 has seen administrations in England, Northern Ireland, Scotland, and Wales gain distinct powers over a range of policy fields, with health prominent among them. This poses two pressing questions for socio‐legal scholarship that we address in this article: to what extent are changing territorial arrangements significant for the substance of United Kingdom (UK) health law and the values by which it is oriented, and what role is played by devolved health law in redefining territories and values within the UK? Informed by perspectives from human geography and policy studies, and drawing on our own qualitative empirical research, we examine recent lawmaking processes in relation to organ donation reform. ‘Opt‐out’ or ‘presumed consent’ schemes, adopted in sequence in each of the UK countries, appear to challenge the centrality of voluntary altruism, extolled as a fundamentally British value in Richard Titmuss’ post‐war work on social policy. Our findings confirm that there has been a reterritorialization of values under devolution, with greater emphasis on sub‐state identities. However, they also indicate the persistence of a common space of policy learning across the UK and an enduring concern with altruism in this area.
- Research Article
- 10.1017/ipm.2025.10167
- Jan 13, 2026
- Irish journal of psychological medicine
- Elizabeth Wicks
In this article, I explore how the mental health and mental capacity laws in England and Wales can be used for suicide prevention. I criticise the use of compulsion for persons diagnosed with a mental disorder who nonetheless retain decision-making capacity and argue for a greater reliance upon capacity as a distinguisher between autonomous decision-making about the end of life and the risk to life posed by symptoms of mental illness. The label of 'suicide' is also criticised as an outdated legal notion carrying pejorative meaning. Although focused on the law in England and Wales, the arguments apply much more broadly to all jurisdictions seeking to reconcile the demands of respect for life and respect for autonomy.
- Research Article
1
- 10.21070/acopen.11.2026.13227
- Jan 12, 2026
- Academia Open
- Dzulqarnain Andira
General Background: Indonesia’s health legal system has introduced a dedicated professional discipline mechanism through the Majelis Disiplin Profesi (MDP) under Law Number 17 of 2023 on Health. Specific Background: Articles 304–309 position MDP as the initial forum to examine alleged breaches of medical and health professional discipline prior to criminal investigation, reflecting a quasi-judicial role within health governance. Knowledge Gap: The statutory design raises unresolved concerns regarding guarantees of institutional autonomy and protection from executive intervention, despite the direct significance of MDP recommendations for subsequent criminal and civil processes. Aims: This study articulates the urgency of structural independence for MDP by mapping its juridical position, independence dimensions (institutional, functional, and administrative), and normative risks within the lex specialis framework for medical disputes. Results: The analysis identifies that insufficient independence may generate legal uncertainty, weaken objectivity of recommendations, and risk constraining constitutional access to justice, including tensions with equality before the law, while also creating overlap risks with the general judiciary if recommendations are treated as an absolute procedural prerequisite. Novelty: The article synthesizes MDP’s quasi-judicial character with a three-dimensional independence model to assess the feasibility of lex specialis discipline mechanisms under the 2023 Health Law. Implications: Strengthening MDP’s institutional design and ensuring transparent examination procedures are positioned as priority measures to sustain professional accountability, balanced protection for patients and health workers, and public trust in disciplinary adjudication. Highlights: The disciplinary mechanism is placed as the initial examination stage before investigative procedures begin. Autonomy deficits are linked to risks of non-objective recommendations and constrained access to justice. Treating council recommendations as an absolute procedural gate may create overlap with general adjudication. Keywords:Professional Discipline Council, Health Law 2023, Institutional Independence, Quasi-Judicial Body, Lex Specialis
- Research Article
- 10.1017/s1744133125100340
- Jan 12, 2026
- Health economics, policy, and law
- Iris Wallenburg + 1 more
Preparing for uncertainty and health system responses: a new year for Health Economics, Policy and Law.
- Research Article
- 10.2196/75836
- Jan 9, 2026
- JMIR Formative Research
- Manon W H Peeters + 10 more
BackgroundSoftware solutions for wearable-based stress monitoring offer significant potential in health care, particularly for vulnerable populations such as individuals with dementia or persistent physical symptoms. Despite technological advances, designing user-centered, ethically grounded, and contextually relevant software remains challenging. Vulnerable populations often have specific cognitive, physical, and emotional needs that require customization, yet these are rarely prioritized in mainstream development. Our so-called Sensors2Care project addressed these challenges by co-developing stress-monitoring prototypes in collaboration with stakeholders from health care, law, and technology within a transdisciplinary setting.ObjectiveThis article has two aims: first, to describe how the Sensors2Care project operationalized the transdisciplinary approach (TDA) within a learning community (LC) to guide the development of stress-monitoring software; second, to share stakeholder needs and design requirements for wearable technologies in complex health care contexts, derived from this process.MethodsThe Sensors2Care project applied a TDA embedded in an LC. This approach combined participatory design research with mixed methods across 3 iterative components: requirements gathering, prototype development, and early-stage evaluation. Research activities included scoping reviews, semistructured interviews, focus groups, legal analyses, and field testing. In the LC, students and researchers from health professions, computer science, and law collaborated with patients, (in)formal caregivers, and industry partners in a transdisciplinary consortium. User stories served as both a methodological tool and design outcome, helping to capture stakeholder needs and align input from technical, health, and legal domains. Feedback was collected continuously and used to refine requirements and prototypes throughout the development process.ResultsUser stories revealed 7 key themes relevant to developing and using wearable-based stress monitoring, including strategic use, notifications, user input, data insight, data access and sharing, hardware design, and support. Stakeholders emphasized the need for customization, durability, and comfort, aligned with the cognitive and physical needs of the target populations. Prototype evaluations indicated the practical relevance of these features and revealed a need for training and insight into long-term usability. Beyond their role in capturing content-driven input, user stories also supported transdisciplinary collaboration by aligning legal, health, technical, and experiential perspectives. This was facilitated by the LC structure, which enabled sustained engagement between students, researchers, and societal stakeholders and illustrated the feasibility of implementing TDA in a university context.ConclusionsThis project illustrates how TDA, when embedded in an LC, supports the co-development of ethically grounded, contextually relevant, and practically applicable stress-monitoring software for vulnerable populations. The iterative design process enabled early integration of legal, health, and technical considerations, while user stories supported structured collaboration across domains. Although the project resulted in concrete prototypes and clustered design requirements, further research is needed to assess long-term use and real-world implementation across health care contexts. Embedding TDA in LCs may strengthen future professionals’ ability to address complex health care challenges collaboratively.
- Research Article
- 10.59188/eduvest.v5i12.52613
- Jan 2, 2026
- Eduvest - Journal of Universal Studies
- Raymond R Tjandrawinata + 1 more
This research examines the legal and moral dimensions of the state's responsibility for the right to health in Indonesia by synthesizing legal positivism and contemporary theories of justice. Focusing on Law No. 17 of 2023 on Health and the National Health Insurance scheme (Jaminan Kesehatan Nasional, JKN), the research argues that formal legal validity alone is insufficient to discharge the state’s constitutional obligations. While Indonesia has constructed a procedurally coherent health law framework that satisfies positivist criteria of legality, significant gaps remain in the realization of substantive justice, particularly for disadvantaged populations. By juxtaposing H.L.A. Hart’s conception of legal validity with John Rawls’s theory of justice as fairness, this study demonstrates that the legitimacy of health law must be assessed not only by its formal pedigree but also by its distributive consequences. The research concludes that state responsibility for health rights requires an integrated approach in which legal positivism is complemented—and normatively corrected—by justice-based evaluation, thereby proposing a dual-threshold conception of state responsibility in health law that distinguishes legal validity from normative legitimacy through doctrinal analysis and normative institutional evaluation. This study conceptually reframes state responsibility for social rights as a dual-threshold structure in which formal legality constitutes a necessary condition of obligation, while distributive justice operates as an independent condition of legitimacy.
- Research Article
- 10.47467/as.v8i1.11041
- Jan 2, 2026
- As-Syar i: Jurnal Bimbingan & Konseling Keluarga
- Sabrina Nuraini Sari + 5 more
The 2023 Indonesian Criminal Code reform introduces the criminalization of cohabitation under Article 412, raising concerns regarding its implications for the civil status of children and vital administrative procedures. Although cohabitation is criminalized as a complaint-based offense, the provision may lead to misinterpretation among healthcare providers and civil registry officers, particularly regarding the issuance of birth certificates. Employing a normative juridical method with statutory, conceptual, and case approaches, this study examines the interaction between Article 412 of the Criminal Code, the Marriage Law, Constitutional Court Decision No. 46/PUU-VIII/2010, the Population Administration Law, and the 2023 Health Law. The findings indicate that the criminalization of cohabitation does not alter the civil status or rights of children, which remain protected through recognition mechanisms and identity rights. However, regulatory gaps persist due to the absence of clear implementation guidelines, posing risks of administrative barriers. Regulatory harmonization and technical directives are therefore necessary to ensure that children’s rights remain fully protected regardless of their parents’ legal circumstances.