The Functionalization of Law and Criminal Procedures to Confront Health Care Fraud in Hospitals

Fraud is a systematic crime that has a very broad impact. It can happen in any fields, including in hospitals. Fraud is a form of corruption. Hospital is a health service institution. Corruption in hospitals has the potential to lead to ineffective health services for people. The phenomenon of health care fraud in hospital is an indication the law does not function in accordance with the objective. This study aims to determine the functionalization of law and sentence for fraudulent acts as a form of corruption in hospitals based on justice values. This study is a descriptive study with normative juridical method that employed statutory and conceptual approaches. The data were collected through a literature study. It was subsequently analyzed qualitatively. This study is of the position to view that prosecution of criminal acts of corruption requires functionalization of law. The functionalization of law must be interpreted as positioning everything in its proper place. It is the synergy of the legal system, which consists of formulative, judicial, and executive policies. The criminal procedures can apply the punishment system for perpetrators of fraudulent acts in hospitals that includes extended alternative punishment.

Comparison of Digital Copyright Protection on Over the Top (OTT) Streaming Content Media in Indonesia and the United States

In the rapid technological development, physical boundaries have begun to disappear. The internet has created a ‘free culture’. In addition, the era is challenging the copyright concept along with the emergence of ‘digital copyright’. It has become the main commodity of Over-the-Top services providing means of communication and entertainment through the internet. Content streaming service like Netflix uses films, as well as other cinematographic works, as its main commodities. OTT Streaming media helps to protect copyright holders' rights that previously have been violated by illegal streaming sites on the internet. Unfortunately, it also raises a new question: how digital copyright-objects can be protected in this kind of service. Without physical form, copyright object can be distributed easily on the internet, and it may lead to right violations. To answer this problem, the authors aim to describe the digital copyright protection on OTT Streaming Content Media in Indonesia and compare them to the 1998 Digital Millennium Copyright Act (DMCA) of the United States of America using a descriptive-analytical approach. This study employed a normative juridical approach with secondary data. The results of this study indicate that digital copyright protection in Indonesia is still centered on conventional copyright objects, and a sui generis law is needed to provide better protection for digital copyright objects.

Workers’ Protection in the Covid-19 Era in Nigeria

Against the backdrop of measures adopted sequel to the outbreak of the pandemic, this research focuses on the impact of Covid-19 on the workplace. It highlights and interrogates the utility of responsive measures and also articulates recondite labour issues relating to changing work patterns, pay cuts, job losses culminating in growing unemployment rate, and occupational safety and health concerns within the context of extant labour standards. It also extends focus to the impact of Covid-19 on existing challenges revolving around working poverty, decent work deficit, unfair labour practices, and ineffective labour regimes. This research finds, inter alia, that impact of the Covid-19 pandemic on the workplace is colossal, disruptive, and unprecedented, and that extant labour standards, having proved mute on a wide range of contingent workplace issues, can only provide some sort of protection in a detached manner. The research concludes with an array of far-reaching recommendations on the adoption of protective and remedial legal norms that are transient, flexible, and proactive enough to accommodate diverse situations capable of undermining the prospects for labour laws, regulations, and policies in the Covid-19 era.

Children Involvement in Terrorism Activities: Perpetrator or a Victim? (A Study in the Circle of Violence)

Terrorism is an extraordinary crime since it violates human rights. However, it will be different if children commit it. The legal approach is not necessarily taken against children who become terrorists. The problem of children's involvement in terrorist activities does not end there. Another important issue that must also be considered is children of terrorist parents. They must be rescued from a violent social environment. In this study, we will discuss the position of children as victims in the cycle of violence of terrorism and criminal policies in overcoming the involvement of children in terrorism activities. This research is normative legal research that examines the availability of provisions regulating the involvement of children in terrorism activities. Legal materials come from primary and secondary legal materials that are collected through literature study. Children who become terrorists are actually victims indoctrinated to commit terrorism which is believed as a struggle. Therefore, a human rights approach is needed to provide child protection. The criminal policy in tackling the involvement of children in terrorism activities is carried out by regulating the rehabilitation of radicalized children who are perpetrators and the placement of children whose parents are members of terrorism networks in a safe place.

The Correct Form of Testamentary Disposition for Health Workers and Covid-19 Patients in Quarantine

Indonesia has a relatively high Covid-19 death rate. Many people face the risk of death due to Covid-19. They are, among others, health workers and Covid-19 patients. They need to prepare for the worst. For instance, they may need to make a will. During the pandemic, there is no standard guideline to dispose a will for health workers and Covid-19 patients in quarantine. Based on the current pandemic situation, health workers and Covid-19 patients are parties who need to write legal wills in the form of testamentary disposition considering the risk they face and their limited circumstances. The pandemic situation does not enable them to make testamentary disposition properly before a notary public. This study covers the problems of health workers and Covid-19 patients in making testamentary disposition in quarantine. Health workers and Covid-19 patients must be isolated from the public to avoid the risk of Covid-19 transmission. Surely, the situation avoids them to see public notary. In accordance with the situation, it is necessary to have a form of an appropriate testamentary disposition without the presence of a notary public. The study employed a normative juridical method with statutory and case approaches.

New Paradigm of Indonesian Criminal Law Policy to Formulate Sanctions for Cases of Customary Crimes

Legal politics examines changes within present law due to consistent demands and needs of people. Legal politics continue to develop the rule of law, from the Ius Constitutum, which is based on the previous legal framework, to the formulation of the law in the future, the Ius Constituendum. The Indonesian 2019 draft of Criminal Code formulates customary sanctions as the fulfillment of customary obligations in several articles. These articles provide a new paradigm of criminal law policy to formulate criminal law reform in the future for customary sanctions in cases of customary crimes. The study used normative juridical or library research on normative legal substances. It aims to reveal the truth based on scientific logic from the normative side by examining library materials or secondary data consisting of primary and secondary legal materials. The results show that the fulfillment of customary obligations can be expected to become criteria or signs/guidelines for judges to determine “law that lives in society” or “The Living Law” as a source of law (material legality) in the future. It is a form of new paradigm in the renewal of customary criminal law. Thus, customary (criminal) law can become (1) a positive source of law, in the sense that customary criminal law (sanctions) can be the legal basis to examine cases at the Court; and (2) negative sources of law, in the sense that the provisions of customary criminal law (sanctions) can be justified reasons, reasons for mitigating punishment or providing more severe punishment.

The Sustainable Environmental Protection Deregulation Concept During the Covid-19 Pandemic

The economic recession due to the Covid-19 pandemic has forced several countries to deregulate environmental protection. In response to such policy, many environmental activists and environmentalists worry that deregulation will cause a negative impact on the mitigation of climate change’s effects. Therefore, it is necessary to examine whether or not the deregulation of environmental protection in Indonesia is in line with the objectives of sustainable development. The provisions of the deregulation of environmental protection in Indonesia aims to encourage and accelerate investment through the simplification of licensing procedures, eradicating corruption in the licensing sector, increasing economic growth and gross domestic product, encouraging equitable development, and providing employment opportunities. This study concludes that Indonesia’s deregulation policy does not violate the minimum tolerance standard of environmental protection. It also does not eliminate the precautionary principle and environmental impact analysis as a preventive measure. In addition, it does not revoke environmental quality standards and damage quality standards as monitoring, control, and enforcement instruments. The deregulation accordingly still adheres to the three pillars of sustainable development.

The Equality of Parties in Sale-and-Purchase Binding Agreement on Land and Building with the Pre-Project Selling System

The study aims to analyze the legal implications of the Regulation of the Minister of Public Works and Housing of the Republic of Indonesia Number 11/PRT/M/2019 on the Sale-and-Purchase Binding Agreement on Land and Building. The emphasis lies on the equality of parties that involve in buying and selling property using pre-project selling system. This study used legal materials and concepts to approach the issue. The primary legal materials consisted of statutory regulations; and the secondary legal materials consisted of books, scientific journals, and electronic articles. The Regulation of the Minister of Public Works and Housing of the Republic of Indonesia Number 11/PRT/M/2019 does not regulate sanctions for buyer’s unilateral cancellation. According to the Regulation, if buyer unilaterally cancels transaction, seller (housing developer) receives only ten percent of the sum of money that the buyer has paid. This provision does not fulfil the principle of equality for the parties. The objectives of law (legal justice, benefits, and certainty) cannot be achieved because of the inequality of parties. The condition leads to seller’s loss. It is especially happened if house that has been partially built-in accordance to special conditions at the request of the buyer. The house can be difficult to be sold.

The Supervision of Village Fund Management to Prevent Corruption

Indonesian village government is required to carry out its duties properly. The village government has an obligation to understand legal instruments in many laws and regulations. The legal instruments serve as a guideline to carry out the accountability of the village officials to execute programs that use village funds. Unfortunately, the requirements have not been materialized due to the increasing corruption involving village heads who abused village funds. The study aims to find out the form of accountability of the village head as the power holder of village fund users when there are allegations of village fund corruption and the supervisory function that can be carried out by the Village Consultative Body (BPD – Badan Perwakilan Desa) in preventing of village funds to be corrupted by the village head. The study shows that the legal instruments and implementation of the use of village funds are basically in accordance with the principles and principles of managing state finances, even though the arrangements are separate from the provisions on regional government, where these arrangements and management must be under the objectives of state life as regulated in the 1945 Constitution. Moreover, the form of accountability of the village head regarding the use of village funds refers to the guidelines stipulated in the legal instrument. Still, when the alleged corruption of village funds committed by the village head is proven, the case is resolved according to the criminal law provisions. The supervisory function by the BPD in the management of village funds by the village apparatus is carried out as a form of increasing prosperous village communities. However, the supervision is still weak due to political interests between the village apparatus and the BPD institution in the institutional position of the village government. We can conclude that legal instruments are essential as a guide in managing village funds, including accountability for the use of village funds. In addition, the supervisory function in village management has an important role, especially in preventing the misuse of village funds, leading to corruption allegations.

Vaccines for Tourism Business Actors: Fulfilment or Violation of Human Rights?

Tourism sector is the largest source of income for Bali province of Indonesia. Unfortunately, the Covid-19 pandemic forced the closure of tourism. Therefore, Bali’s economic growth is experiencing decrease to -10.98%. To accelerate the reopening of tourism, the government has launched the national vaccine movement that also covers tourism business actors. Unfortunately, some parties resist the vaccination because the vaccine is not believed yet to be safe. By using doctrinal legal research, this study examined two problems: the right to health in the context of tourism and the construction of government policies against vaccine resistance by tourism business actors. It examined legal principles and synchronization of laws on human rights related to vaccination. The state is responsible to provide vaccination for the citizens in fulfilling the right to life and health. Each local government produces policy to deal with vaccine refusal. Jakarta and West Java are two provinces that impose fines for residents who refuse vaccines. On the other hand, Bali province does not impose sanctions on such residents. To ensure safety after the reopening of tourism, any local government can propose the record of vaccination as a requirement for every person who will return to work in the tourism sector.