South-East Asian Journal of Advanced Law and Governance (SEAJ ALGOV)

Legal Analysis of Artificial Intelligence Technology Development in Healthcare Industry in Indonesia

Aulia Anugrah Intani — 2024-04-30

The rapid development of Artificial Intelligence (AI) technology generates immense potential and challenges for various domains, including the healthcare sector. AI can encompass early disease detection, personalized patient care, streamlined workflows, and error reduction. Nevertheless, ethical and legal dilemmas surrounding data privacy and accountability arise. This essay addresses a comprehensive legal analysis regarding those challenges and how health technology regulation should be created by involving government and healthcare stakeholders. A data protection approach by anonymizing data could ensure sensitive patient information and medical records remain confidential while implementing AI advancements. Meanwhile, AI systems are seen as electronic agents, which forces defining clear legal responsibilities for any unfavourable outcome. Therefore, a high urgency emerges for a robust regulatory framework regarding AI implementation and responsibility in the healthcare sector. A comprehensive legal framework must address responsibility and potential liability to ensure fairness, commitment, and transparency for medical professionals, patients, and AI developers. It should harmonize the innovation with Indonesia's ideology, values, and laws while promoting ethical considerations, equal healthcare access, and a balanced coexistence between humans and technology. A commitment to secure, equitable, and relevant regulations is imperative to safeguard individual rights, foster responsible AI innovation, and enhance the healthcare landscape.

A Contemporary View of Disrespecting the International Health Regulations During the COVID-19 Pandemic and Why

Fikri Fahmi Fahruqi — 2024-04-30

This paper discusses an analysis of the legal framework of the 2005 International Health Regulations, specifically Article 43 in relation with the concept of “Additional Health Measures” and seeing how this Article, which currently lacks sufficient jurisprudence, is supposed to be applied within practice especially during pandemics such as COVID-19. The purpose of such is to form a guideline for States parties to this Regulation in its implementation, as is often seen within reality that there exists inconsistent application of it during pandemics, causing a considerable amount of its violation. Hence, because of the lack of jurisprudence for the Regulation, this paper will attempt to use a doctrinal method in interpreting the key terms of the Regulation, with additionally using other sources of law in support to find a meaning. It will be found later in the paper the usage of the 1994 World Trade Organization Sanitary and Phytosanitary Measures Agreement can be used to understand the technicalities of the Regulation as many of its terms were inspired by said agreement. After understanding the technicalities of Article 43, an assessment of its implementation will be done where we will find how countries like China, which has made restrictive health measures of the extreme, has violated the provision of the Regulation and how countries like New Zealand which has achieved its goal of reducing COVID cases by taking less restrictive measures, has complied with the Regulation.

Legal Protection against Legal Uncertainty of Tacit Approval under the Indonesian Job Creation Law

Muhammad Adiguna Bimasakti — 2024-04-30

The concept of tacit approval underscores the idea of considering an application or request as approved even without an explicit formal decision. This approach is taken when the government fails to address or respond to the application within a stipulated timeframe. In such cases, the absence of a response is interpreted as an implied granting of permission or approval. This can be found in article 175 point 7 of the Law No. 6 of 2023 concerning Enactment of Government Regulation in lieu of Law No. 2 of 2022 Concerning Job Creation as Law (Job Creation Law). However, this tacit approval must be further regulated through presidential regulation, yet up until this day, it has not been regulated. When the applicant can utilize tacit approval is uncertain, as well as uncertainty regarding legal recourse for the disadvantaged party concerning tacit approval. This research finds that the regulation of tacit approval in presidential regulation should involve acknowledging the tacit approval through registration within the government's information system and issuance of tacit approval certificate, thus ensuring legal certainty for the applicants of decisions. Subsequently, the registered tacit approval certificate can be reviewed through administrative court to establish legal certainty for affected citizen.

The Regional Government Leaders Ambiguous Position and Political Influence in Indonesia’s Civil Servant Management

Alif Duta Hardenta — 2024-04-30

The regional government leaders in civil state management and bureaucracy in post-Reform Indonesia positioned as both leader in regional political power, while on the other hand they also had the power as the administrator of civil service management and its bureaucracy. This study aims to analyse on the impact of this authority as mandated by the laws in autonomy and regional governance on civil servant management. This is a normative legal research article. The literature review gathers information from document, reference and regulatory analysis. The data analysed qualitatively and presented descriptively. This article sums up that the regional government leader’s political authority created a phenomenon where there are imbalances and dependencies between the relationship of bureaucracy and political power in regional governance. The progress of this governance relationship also showed flaw in bureaucracy, where the bureaucrats and officials are vulnerable into subjective and political issues that might affect the quality of public services performed. The relationship between bureaucrats and regional leaders as political nevertheless created the occurrence of civil servant management laws violations, especially against the merit system and open job promotions. These cases of violations happened in several regional government on different occasions.

The Urgency of Human Rights Approach for The Indonesian Ombudsman for combatting Discrimination

Tio Tegar Wicaksono — 2024-04-30

Abstract based on Law number 37 in the year of 2008, The ombudsman is responsible for the promotion of good governance and the prevention of maladministration within the public sector. hence, The prevailing body of research on the Indonesian Ombudsman mostly use the good governance framework to depict the Ombudsman's role in addressing instances of maladministration within the public sector. meanwhile, The role of the ombudsman primarily involves addressing a wide range of public service problems that encompass dimensions of human rights, including instances of discrimination against minority populations and vulnerable groups. Nevertheless, this aspect has been disregarded. therefore, this essay aims to address the existing gap in the literature regarding the Indonesian Ombudsman, specifically from a human rights viewpoint. This article exclusively uses the normative legal method, which involves the collection and analysis of regulations, pertinent literature, and reports from the Ombudsman. The findings indicate that the implementation of a good governance approach alone is insufficient in addressing human rights violations against disadvantaged and minority groups within public services. Similarly, the adoption of a human rights strategy is necessary to address discrimination that specifically targets vulnerable and minority populations.