Legalis et Socialis Studiis (L355) - Studi Sosial dan Hukum
The Boundaries of Autonomy and Professional Duty: A Review of the Right to Refuse Treatment and Conscience Claims in Healthcare
The right to refuse medical treatment based on religious or personal beliefs sits at the critical intersection of patient autonomy, freedom of conscience, and professional ethics. This literature study examines the legal and ethical boundaries of this right and the resolution of conflicts arising between patient refusals and healthcare provider obligations. The analysis addresses two core issues. First, it explores the limits of a patient's right to refuse, finding that while competent adults possess a strong presumptive right, including to life-saving care, this right is bounded by the harm principle and the state's duty to protect vulnerable third parties, particularly children. Second, it investigates conflicts with provider conscience, concluding that while individual conscientious objection may be accommodated, it is strictly conditional upon timely referral and never permissible in emergencies, with the primary institutional obligation being to guarantee patient access to legally available services. The study argues for clear legal frameworks and institutional policies that balance these competing claims through procedural fairness, transparency, and an unwavering commitment to patient welfare, thereby navigating the complex moral landscape of modern healthcare in pluralistic societies.
Copyright (c) 2025 Legalis et Socialis Studiis (L355)
Marginalization in the Domestic Labor Market: An Analysis of the Structural Linkages Between Capitalism and Patriarchy
This literature study employs a feminist political economy approach to analyze the relationship between capitalism and patriarchy in creating and sustaining a marginalized domestic labor market. Through a qualitative synthesis of scholarly work, the research examines the symbiotic interaction between these two systems. It finds that capitalism depends on cheap social reproductive labor, while patriarchy provides the mechanism to allocate this labor to women, unpaid or underpaid. The commodification of this labor produces a domestic work market characterized by informality, legal exclusion, and personalized power relations, which facilitate the extraction of value from a predominantly female workforce. Furthermore, the study identifies a reinforcing set of economic, legal, and ideological mechanisms that maintain this marginalization, including exclusion from labor laws, restrictive immigration policies, naturalizing care work as women's innate role, and social stigma. The analysis concludes that the marginalized position of domestic workers is not a market anomaly but a structural outcome of the capitalist-patriarchal nexus. Effective transformation requires an integrated strategy that simultaneously addresses legal recognition, regulatory enforcement, the provision of public care services, and challenges to the gendered devaluation of reproductive labor.
Copyright (c) 2026 Legalis et Socialis Studiis (L355)
Effectiveness of The Job Creation Law to Guarantee Contract Workers' Rights
Legal protection for contract workers in a Fixed-Term Employment Agreement (PKWT) is a major concern in the Indonesian labor system. Law Number 6 of 2023 on Job Creation regulates the provisions on PKWT with the aim of providing a balance between workers flexibility for companies and protection of contract workers' rights. This regulation includes rights to compensation, social security, as well as more detailed arrangements regarding contract time limits. However, in its implementation, there are still various challenges, such as weak supervision, companies' lack of understanding of the regulation, and the existence of practices that harm contract workers. This research uses a normative legal approach to analyze the effectiveness of this regulation to protect workers' rights. The results show that stricter supervision, increased socialization of workers' rights, and strengthening the role of trade unions are needed to ensure a more effective implementation of the regulation. With these steps, it is hoped that a more just and equitable employment system can be realized.
Copyright (c) 2024 Legalis et Socialis Studiis (L355)
Juridical Analysis of Consumer Protection in Counterfeit Drug Transactions in The Digital Era
The circulation of counterfeit drugs through online transactions has become a significant threat to consumers in Indonesia. This study aims to analyze the implementation of legal regulations for consumer protection, particularly concerning counterfeit drug distribution, while identifying relevant challenges and potential solutions. A normative juridical approach was employed, involving a literature review of regulations such as Law Number 8 of 1999 and Government Regulation Number 71 of 2019. The findings reveal that despite the existence of regulations, their implementation faces various obstacles, including weak enforcement, insufficient consumer education, and legal loopholes exploited by business actors. Proposed solutions include strengthening regulations, enhancing enforcement mechanisms, and fostering collaboration among institutions to establish a more effective legal protection system. This study provides a novel perspective on the critical role of collaboration between the government, digital platforms, and society in addressing the circulation of counterfeit drugs in the digital era.
The Application of Criminal Law in Addressing Hazardous Products: A Case Study of Consumer Protection in Indonesia
This study aims to analyze the application of criminal law in consumer protection against hazardous products in Indonesia. Dangerous products, such as illegal food and drugs, pose a serious threat to public health, particularly in the digital era where the distribution of products has become increasingly accessible through e-commerce platforms. The primary focus of this research is the effectiveness of implementing Law Number 8 of 1999 on Consumer Protection, Law Number 36 of 2009 on Health, and other related regulations that support consumer rights. Despite the availability of an adequate legal framework, this study identifies several significant challenges in its implementation. These challenges include weak government oversight, the lack of deterrent effects from criminal sanctions, and low public awareness of consumer rights. Additionally, resource limitations, both in terms of laboratory infrastructure and the competency of law enforcement officials, hinder effective consumer protection efforts. In the context of digital trade, monitoring hazardous product distribution becomes increasingly complex due to inadequate mechanisms for overseeing online transactions. Furthermore, the study highlights the lack of coordination among relevant agencies, which impedes a comprehensive approach to criminal law enforcement. This research provides a normative juridical perspective to address gaps in the literature concerning consumer protection from the standpoint of criminal law. It recommends regulatory reforms that include strengthening deterrent effects through revised criminal sanctions, employing technology-based supervision for digital transactions, and enhancing inter-agency coordination in enforcing consumer protection laws. The findings of this study are expected to guide policymakers in improving the existing legal framework to enhance consumer protection in Indonesia.
Juridical Analysis of Non-Natural Pregnancy Efforts Through Artificial Insemination
The development of assisted reproductive technology, such as artificial insemination, has provided solutions for couples experiencing infertility issues. In Indonesia, artificial insemination is regulated under Law Number 36 of 2009 on Health, which stipulates that this procedure can only be performed between legally married couples using sperm and ovum from the couple themselves. However, this legal framework faces several challenges, including limited public understanding, legal gaps concerning the legal status of children, and inadequacies in addressing advancements in modern reproductive technology. This study aims to analyze the legal framework governing artificial insemination in Indonesia, identify emerging legal, moral, and ethical issues, and evaluate the regulatory capacity to address challenges posed by future reproductive technologies. Using a normative approach, this research finds that while the existing regulations provide a legal foundation, gaps in technical and administrative provisions create legal uncertainties. Furthermore, moral and ethical issues, such as the use of donors and commercialization of reproductive technology, require specific attention. This study recommends strengthening regulations to be more adaptive and detailed, ensuring the equitable implementation of artificial insemination in alignment with societal moral and ethical values.
Post-Operative: Between Informed Consent, Risk, and Legal Liability
This study evaluates legal responsibility in postoperative medical services related to informed consent procedures. Hospitals are obliged to provide quality, fair and equitable health services. Informed consent is key in the doctor-patient relationship, affirming the patient's right to obtain complete information about medical procedures, alternatives, risks, and prognosis. The transformation of the health system in Indonesia emphasizes the importance of written consent before medical action. The research method uses a normative juridical approach with descriptive analysis to examine legal issues related to informed consent. The results showed that informed consent in Indonesia is regulated in Law No. 29 of 2004 concerning Medical Practice and Law No. 36 of 2009 concerning Health. Lack of information provided by health workers can have legal consequences. Standard Operating Procedures (SPO) and professional ethics are important guidelines for health workers in providing medical services. Article 1365 of the Civil Code regulates the obligation to compensate for losses due to unlawful acts. The complaint mechanism to the Indonesian Medical Discipline Honor Council (MKDKI) is a means for the public to file complaints related to medical services. Thus, this study emphasizes the importance of transparency and understanding in informed consent to improve the quality of medical services and the protection of patient rights.
The Responsibility of Medical Personnel in Relation to Abortion Malpractice
Abortion in Indonesia is a controversial issue that triggers heated social, moral and legal debates. Although Law No. 36/2009 on Health regulates abortion, illegal abortion practices are still rampant, endangering women's health. The existing regulations are ambiguous and do not fully accommodate the needs of women. This study uses descriptive analysis and literature review to examine legal issues related to abortion malpractice by medical personnel. The results show that regulation implementation is not optimal, access to safe abortion services is limited, and social stigma remains strong. Legal solutions to prevent illegal abortion include improving education and training for medical personnel, strengthening regulations and supervision, and increasing access to safe and legal reproductive health services. These efforts are expected to protect women's rights, enforce the law, and improve the quality of reproductive health services in Indonesia.
Factors Affecting Worker Satisfaction: Work Environment, Regulatory Compliance, and Organizational Culture
This study aims to analyze the effect of work environment compliance with government regulations, work environment, and organizational culture on worker satisfaction in a manufacturing company in Surabaya City. The study involved 104 respondents who were the entire population of the company. The analysis method used is multiple linear regression. The results showed that the work environment, compliance with government regulations, and organizational culture simultaneously and partially had a significant effect on employee job satisfaction. This research provides new insights for practitioners and academics in managing human resources effectively. Recommendations include improving the work environment, ensuring compliance with government regulations, and strengthening positive organizational culture through effective socialization. Continuous evaluation and monitoring are also important to identify areas of improvement.
Copyright (c) 2023 Legalis et Socialis Studiis (L355)
Legal Safeguards for Employees Encountering Workplace Accidents
Work accidents often threaten the welfare of every worker in the work environment. Based on this, this research aims to explore information regarding the implementation of legal protection for workers who experience work accidents, factors inhibiting the implementation of work accident insurance, and company efforts to overcome these problems. The research method used is normative law. The research results show that the implementation of legal protection for workers who experience work accidents has generally been implemented. However, there are several inhibiting factors, including the length of the process of claiming work accident insurance benefits. This situation can have a negative impact on the continuity of life of workers who experience accidents. Another contributing factor is the lack of labor inspectors at the Manpower and Transmigration Service, which can hamper supervision of the implementation of legal protection. The company's efforts to overcome this problem need to be increased, both through speeding up the claims process and improving the quality of supervision from related parties. In this way, the implementation of legal protection for workers who experience work accidents can be more effective and provide justice for workers who are victims of work accidents.
The Interplay of Legal Responsibilities in Cesarean Operations: A Study of Doctor-Patient Relationships within Hospital Settings
The delivery process, especially involving a caesarean section, will definitely cause interaction between the doctor and the patient. The aim of this study is to obtain information regarding how the process of carrying out a caesarean section is carried out between doctors and patients. The normative approach method was used in this study to investigate the process of carrying out caesarean section operations between doctors and patients. The study results show that in carrying out caesarean section operations, there are administrative, legal, screening, observation and obtaining informed consent requirements from the patient. The patient or patient's family gives consent by signing a letter of consent for the medical procedure for caesarean section. With this approval, a caesarean section can be performed. An agreement between a doctor and a patient creates a legal relationship, which results in rights and obligations that must be fulfilled by each party. If an error occurs in the cesarean section agreement, the party proven to have made the error must be held responsible based on breach of contract and unlawful acts.
Reviewing Wage Policies to Ensure Employee Welfare
This research is aimed at analyzing labor wage policies to ensure employee welfare. This research uses qualitative research methods with descriptive analysis. The data sources used in the research are as follows, namely primary and secondary data. This research technique uses the snowball sampling technique, which is a technique for collecting sample data from data sources that are small in number but provide complete information, namely the HRD (human resource department) and production employees. The explanation for data collection for this research is the interview method, observation method, documentation method. Based on the results of the discussion and research, it was concluded that the policy on wages for workers was regulated in the Employment Law and the Collective Labor Agreement made and agreed upon by employees and the company. The wages of workers at the company are in accordance with the Regional Minimum Wage provisions and the payroll system is very good for its employees. This can be identified based on the company's payroll system which is not given every month but is given every week and employees are never given wages outside of that time. This shows that employees receive their salaries on time. In addition, employee rights and welfare have been fulfilled. For employees, the wage policy in the company where they work has advantages that can be felt by all employees, because comfort and welfare are based on the income earned. At the same time, employees are also more effective when completing their work. Apart from that, the company also provides employee welfare facilities in accordance with the company's and employees' ability to provide employee rights through welfare facilities. This facility is provided to create a harmonious relationship between the company and employees and create work enthusiasm for employees.
Problems of Law Enforcement in the Crime of Abuse of Dangerous Drugs (Narcotics)
Narcotics as a substance or drug that can cause a decrease in consciousness and changes in behavior, has benefits in the fields of health and scientific development. In Indonesia, the distribution of narcotics is not absolutely prohibited, but its abuse and illicit trafficking remain a violation of the law. Drug abuse creates problems that involve physical, psychological, and environmental factors. The research method applied in this study is a statutory approach, or what is often referred to as a normative juridical approach or socio legal research. This research focuses on various legal regulations that are the subject of discussion. The results of this analysis show that narcotics is an extraordinary crime that threatens the safety of the nation. To overcome this problem, cooperation from all levels of society is needed. However, its implementation faces obstacles in law enforcement, especially related to differences in perceptions of who should be considered a criminal who deserves to be punished, and who should be seen as a victim who needs rehabilitation.
Vandalism and Law Enforcement: Preventive and Repressive Perspectives in Building Social Order
Law enforcement against criminal acts of vandalism is a systematic effort to overcome and prevent the destruction of property and the environment by parties who violate social and legal norms. This research aims to explore and analyze effective law enforcement strategies in tackling criminal acts of vandalism. This research uses empirical juridical legal research, so the data collection method used is using data obtained from interviews and literature studies. Referring to the discussion that has been described regarding the obstacles faced in enforcing the law on vandalism, in responding to criminal acts of vandalism, law enforcement is the main pillar to ensure public safety and order. Through the hard efforts of law enforcement, the perpetrators of vandalism are faced with strict legal consequences. The punishment given is not only as a sanction, but also as a form of responsibility for actions that harm the environment and social values.
Legal Review of Taxpayer Compliance in Paying Land and Building Tax
This study aims to analyze the factors that influence the level of community compliance in paying land and building tax in Tropodo Village, Waru Sub-district, as well as to analyze the efforts made by the government to improve legal compliance. The research was conducted in Waru Sub-district, specifically in Tropodo Village, using an empirical normative type research approach. Data collection involved document studies, field surveys, and interviews, with the use of qualitative descriptive analysis. The results of the study explain that the level of compliance of the people of Tropodo Village in paying land and building tax is still low, which is caused by several factors. First, cultural and historical factors, where taxes are still considered as a means of community extortion, although this perception has changed since the era of independence and democracy, where taxes are better understood as an economic burden on the community. Second, the lack of information provided by the government to taxpayers, resulting in a lack of understanding and awareness of the obligation to pay land and building tax. Third, economic factors, with the increase in land and building tax burdening some citizens, especially those with irregular incomes such as construction workers and traders. They find it difficult to pay taxes, especially due to the lack of direct rewards for tax payments. In addition, efforts that can be implemented by the Village and Sub-district heads are considered not optimal to remind and provide information to taxpayers.
The Dynamics of Violence Against Children in the Family Environment: An Analysis According to the Principles of Islamic Law and the Perspective of Law No. 35 of 2014 on the Amendment to Law No. 23 of 2002 on Child Protection
Violence against children in the family, a serious phenomenon that requires widespread attention, is analyzed from the perspective of Islamic Law and Law No. 35 of 2014 in Indonesia. By highlighting aspects of violence, whether physical, psychological, or sexual, the study emphasizes the long-term impact on child development and the urgency of strong protection. Islamic law offers an ethical foundation, highlighting children's rights, parental obligations, and proportional punishment. Restorative approaches, recognition, and remorse are also emphasized. Law No. 35 of 2014 provides a comprehensive national legal framework, including definitions of violence, children's rights, criminal sanctions, and prevention efforts, although implementation challenges need to be addressed. Through a descriptive-analytical method, the study results show a balanced framework of Islamic Law and national legislation, but improved implementation involves strengthening law enforcement agencies, training social workers, and community education.
Legal Protection of Labor in Cases of Termination of Employment
This research discusses the legal protection of workers related to termination of employment (PHK) in Indonesia. With a focus on legal provisions, labor rights, and the impact of layoffs on their welfare, this research is conducted with a qualitative approach using case studies. The results show that the legal framework of layoffs in Indonesia has clearly mapped out the rights of workers, especially through Law Number 13 Year 2003 on Manpower. However, consistent implementation and good understanding of the provisions are still a challenge, giving rise to gaps in labor protection. Legal protection of labor in layoffs includes rights such as severance pay and long service awards, although there is room for further improvement. An in-depth analysis of the impact of layoffs highlights the importance of better understanding, consistent law enforcement, and policy changes where necessary. Research recommendations include increasing labor awareness, strengthening law enforcement, periodic evaluation of legal provisions, and involvement of third parties in PHK dispute resolution. This research is expected to contribute to a better understanding of the legal protection of labor in layoff situations in Indonesia. The proposed recommendations can be the basis for further improvements in the labor protection system in the country.
An Integrative Conceptualization for Copyright Management in a Business Context
Copyright protection in the business context, especially in the digital age, has become essential to ensure the sustainability of the company. This paper proposes an integrative conceptualization that highlights copyright implementation, management challenges and integrated strategies in the business environment. Integration of copyright in business strategy requires alignment with corporate objectives and recognition of associated risks and opportunities. It forms legal compliance and is a strategic element of creating added value and building competitive advantage. Complex challenges to managing copyright include unauthorized content dissemination, online copyright infringement, and digital regulatory uncertainty. Companies are exposed to reputational risk and changes in business models and technology that may affect copyright. An integrated copyright management strategy includes the implementation of a copyright management system, regular audits, external engagement, and policy advocacy. Success requires a combination of technology strategies, internal policies, employee education, and active legal oversight. This conceptualization provides contextual guidance that can be adapted to the company's business dynamics. By viewing copyright as both a strategic driver and a legal obligation, the concept offers a foundation for a company's adaptation to changing business and technological environments. The concept's implementation recommendations involve regular audits, establishment of internal policies, regular employee training, investment in copyright management systems, collaboration with external agencies, policy advocacy, reputational crisis management, and strategy updates in line with global regulations. With a focus on flexibility and adaptability, Integrative Conceptualization for Copyright Management in the Business Context provides a holistic view to achieve effective and sustainable copyright protection and management.
Legal Perspective on Patient Rights in Complementary and Alternative Medicine (CAM)
The growing popularity of Alternative and Complementary Medicine (CAM) emphasises the need for a deeper understanding of patient rights in this context. This research focuses on legal perspectives on patient rights in CAM, with particular emphasis on information rights, patient consent, safety, privacy issues, and the patient's right to choose or refuse CAM treatment. Qualitative research methods were conducted through literature review, analysis of legal documents, regulations, and CAM policies in various jurisdictions. The results illustrate the complexity of the law in dealing with patient rights issues in CAM practice, raising the need for clearer regulation and stronger protection.
complementary and alternative medicine (CAM)
professional ethics of cam practitioners
Legal Analysis of Marriage Contracts Through Video Calls in The Perspective of Marriage Law and Islamic Law in Indonesia
The objectives of this study are 1) to understand the position of the united assembly on ijab kabul for marriage via video call; 2) to assess the law of marriage via video call based on the marriage law and Islamic law in Indonesia; 3) to identify the obstacles that arise in the implementation of marriage via video call. To overcome these problems, this research uses the library research method, which means that data is obtained from literature such as books, writings, and sources that are substantial to the issue of marriage through video calls. These sources come from various works that discuss this issue from an Islamic and civil law perspective, among others. The results of the study show that marriage through video calls, within the framework of Islamic marriage law, must comply with the provisions and conditions that apply to the validity of marriage. As long as there is no official decision from a legal institution clarifying how this kind of marriage will be handled in a religious court, then the validity of the marriage depends on whether the ijab kabul took place without doubt and fulfilled the applicable terms and conditions. If it fulfills the conditions and pillars of marriage and does not violate the Compilation of Islamic Law, then the marriage is considered valid. This is corroborated by the provisions in articles 27 to 29 of the Compilation of Islamic Law, which emphasize that Ijab Kabul must occur without a break in time, be performed by the marriage guardian concerned, and be pronounced by the marriage partner.
The Application of Positive Law and Islamic Law to Homosexual Sexual Behavior
Laws and Policies Regarding Online Application-Based Transportation in Indonesia
In the current era of technological development, the development of innovation in the field of transportation is significantly influenced by the presence of online application-based transportation. This application-based transportation is a mode of transportation built to facilitate users in accessing transportation services. The existence of this online transportation service has become a subject of legal debate among law enforcers, especially related to the regulation of two-wheeled vehicles in Law Number 22 of 2009 concerning Road Traffic and Transportation, which does not explicitly recognize online application-based transportation as a legal mode of transportation. This research tries to answer questions about legal arrangements related to online application-based public transportation as well as legal protection and legal relations of online application-based transportation drivers. This research uses normative juridical and empirical juridical approaches by collecting secondary data and primary data, including involving the East Java Provincial Transportation Office and online transportation drivers as resource persons. Data analysis was conducted using a qualitative approach. The results showed that the regulation of online application-based transportation in Indonesia is a form of legal policy or decision made by government officials to address concrete problems faced in terms of legislation, in accordance with Article 1 point 9 of Law Number 30 of 2014 concerning Government Administration. The purpose of the regulation is to fill the legal gap in online application-based transportation so that these activities have a clear legal basis. Meanwhile, legal protection for Go-Jek drivers as partners of PT Go-Jek Indonesia is still not optimal. This is due to the lack of regulation regarding the rights and obligations of the company PT Go-Jek in the agreement with Go-Jek drivers, which focuses more on the rights of the company without adequately regulating the obligations that must be fulfilled by the company PT Go-Jek.
Juridical Analysis of The Crime of Euthanasia and The Death Penalty Under Positive Law
Euthanasia, the act of ending one's life at one's own request, is a controversial issue that is still being debated in various circles. Some are in favor of euthanasia, while others are against it. This debate seems to never end as diverse opinions are issued for different reasons. This issue is related to the legality of euthanasia in Indonesia, which is expressly regulated in the medical code of ethics. This research aims to conduct a juridical review of two important aspects in the realm of criminal law, namely the criminal offense of euthanasia and the death penalty, by focusing on the applicable positive legal framework. This research uses a normative approach method in the juridical realm. Euthanasia, as a controversial criminal act, will be analyzed from the perspective of legal norms governing health practices and medical ethics. In addition, the death penalty as the highest punishment in the legal system will be studied, with an emphasis on the development of regulations and community views. This research seeks to understand how positive law regulates and influences these two aspects and their impact on the legal system and society as a whole. It is hoped that this research can provide a deep insight into criminal law in the context of euthanasia and the death penalty, as well as help identify changes that may be needed in existing legal regulations and practices.