JOURNAL ARCHIVE
2026-08-29
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Journal Customary Law
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pp. 1–18
Ade Netra Kartika, Ahmad Redi
Medical data leakage has become one of the most critical challenges facing healthcare organizations as digital health technologies, electronic health records (EHRs), artificial intelligence, cloud computing, and interconnected medical devices continue to expand. Beyond compromising sensitive patient information, data leakage threatens patient safety, institutional trust, and regulatory compliance. This study systematically reviews the existing literature to examine the causes, consequences, legal implications, and prevention strategies of medical data leakage in healthcare. A Systematic Literature Review (SLR) following the PRISMA 2020 guidelines was conducted. The literature was identified from Scopus, PubMed, and Web of Science, complemented by backward and forward snowballing. Fourteen peer-reviewed studies that met the preliminary eligibility criteria were included in the thematic synthesis. The retrieved studies were analyzed using evidence mapping, thematic coding, and narrative synthesis. Three major themes emerged from the analysis: (1) healthcare cybersecurity vulnerabilities, (2) medical data leakage and patient privacy, and (3) legal protection and healthcare governance. The findings indicate that medical data leakage is not solely a technical cybersecurity issue but results from the interaction of technological vulnerabilities, human behavior, organizational governance, and regulatory implementation. The review proposes an integrated thematic synthesis framework linking cybersecurity vulnerabilities, medical data leakage pathways, legal protection, and governance responses to strengthen healthcare cyber resilience. The findings provide practical implications for healthcare organizations, policymakers, and researchers in developing comprehensive strategies for protecting medical information in an increasingly digital healthcare environment.
JOURNAL ARCHIVE
2026-07-01
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Journal Customary Law
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pp. 1–14
Yuli Farianti, Ahmad Redi
National Social Security System constitutes a form of state responsibility in guaranteeing the fulfillment of the public’s right to social security as mandated by the 1945 Constitution of the Republic of Indonesia. In its implementation, the administration of the National Social Security System (SJSN) is carried out by the Government together with BPJS Kesehatan and BPJS Ketenagakerjaan as the organizing agencies of national social security programs. Nevertheless, the implementation of the SJSN continues to face various legal and institutional challenges, particularly regarding regulatory disharmony among Law Number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS), and Law Number 17 of 2023 concerning Health. Such regulatory inconsistency has resulted in unclear distribution of authority between the Government and BPJS, overlapping institutional functions, and weak coordination in the administration of national social security programs. This study employs a doctrinal legal research method using statutory and library research approaches, analyzed through descriptive-analytical and prescriptive methods. The findings indicate that the regulation of authority relations and governance in the administration of the SJSN has not been implemented optimally. This is reflected in the unclear institutional position of BPJS within Indonesia’s constitutional system, the weak supervisory mechanism, and the dominant role of the Government in several strategic policies concerning the administration of national social security programs. Therefore, legal reconstruction is necessary through regulatory harmonization, clarification of the division of authority between the Government and BPJS, as well as the strengthening of supervisory mechanisms and institutional governance in order to establish a national social security system that is effective, transparent, accountable, and capable of providing legal certainty
JOURNAL ARCHIVE
2026-07-01
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Journal Customary Law
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pp. 1–8
Yuli Farianti, Ahmad Redi
Discourse concerning state responsibility in fulfilling the constitutional right to social security is often constrained by the dilemma between normative mandates and fiscal capacity realities. Article 28H paragraph (3) and Article 34 paragraph (2) of the 1945 Constitution imperatively position the state as the principal axis in administering a universal national social security system. The sustainability of such a system heavily depends on the precision of actuarial accountability as an instrument for long-term risk projection. Failure to accurately project technical risks and the establishment of financing structures that are inconsistent with benefit obligations create serious threats to the resilience of the social security system. A juridical-doctrinal approach reveals a significant gap between the state’s obligation as the ultimate guarantor and the current management practices of trust funds, which remain largely reactive in nature. Decisions of the Constitutional Court further affirm the state’s position in guaranteeing absolute certainty of social protection for all citizens. Evaluation of financial governance demonstrates that neglecting actuarial valuation in strategic policymaking directly contributes to systemic instability. Dependence on ad hoc state budget interventions indicates the weakness of the current national financing system’s independence. Actuarial accountability must therefore be positioned as a mandatory risk-control instrument integrated into regulatory frameworks in order to prevent the risk of default. Synchronization between fiscal policy and rigorous actuarial calculations constitutes an essential prerequisite for fulfilling citizens’ constitutional rights. These fundamental rights must not be reduced to mere legal promises without adequate financial support. The transformation of the financing system toward a resilient, transparent, and risk-based model constitutes a crucial step in ensuring social justice. An ideal financing structure must be capable of balancing financial independence with the state’s obligation to protect the human dignity of all citizens. The integration of a unified data system and independent actuarial audits will strengthen the state’s credibility in sustainably managing public funds across generations.
JOURNAL ARCHIVE
2026-06-27
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Journal Customary Law
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pp. 1–12
Muh. Rustiawan Ardiansyah, Ahmad Redi
This study examines the Mining Business Permit (IUP) registration regulations in the Minerba One Data Indonesia (MODI) system of the Ministry of Mineral Resources and Energy from the standpoint of State Administrative Law. The study problem's primary focus is on how the Minister of Energy and Mineral Resources' Decree Numbers 15.K/HK.02/MEM.B/2022 and 297.K/MB.01/MEM.B/2023 differ in their IUP registration regulations and how this affects how State Administrative Court rulings are implemented. The normative legal research method used in this study includes a statutory regulatory approach, a comparison approach, and a case approach. Both primary legal resources, like laws and court decisions, and secondary legal resources, such as relevant books and academic publications, are used. The findings demonstrate that legally binding court rulings are still accepted by the Minister of Energy and Mineral Resources' Decree Number 15 of 2022 as the foundation for processing and registering IUPs in the MODI system. However, this approach was modified by the Minister of Energy and Mineral Resources Decree No. 297 of 2023, which concentrated on the organization and reconciliation of licensing data by the national and local governments. This difference in regulation has the potential to create a conflict between administrative policies and the obligation to implement court decisions, as reflected in the PT Gapura Mario Sejahtera dispute. The Supreme Court's decision in this case emphasized that administrative policies cannot override the obligation of state administrative officials to implement legally binding court decisions.
JOURNAL ARCHIVE
2026-06-27
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Journal Customary Law
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pp. 1–12
Asep Guntur Rahayu, Ahmad Redi
This study aims to analyze the weaknesses of positive criminal law policies in handling corruption crimes against state asset recovery, examine the lack of illicit enrichment norms in the Indonesian criminal law system, and reconstruct a model of illicit enrichment-based criminal law policy through an integrative approach of prevention and enforcement to realize just state asset recovery. The study employs a normative juridical method with a statutory and conceptual approach. The outcomes indicate that Indonesian positive law is still oriented towards the follow-the-act paradigm, so that it has not optimally pursued the proceeds of crime, while the non-adoption of Article 20 UNCAC into national law has created a lack of norms regarding unexplained wealth as an independent offense. The novelty of this study lies in the reconstruction of an integrative model that connects LHKPN, PPATK, taxation, banking, and beneficial ownership tracing through the stages of clarification, audit, disproportionate wealth analysis, asset recovery mediation, litigation, and confiscation while still guaranteeing due process of law, human rights protection, and ultimum remedium. This model produces a formulation of ius constituendum in the form of an ideal norm of illicit enrichment as the missing link in a more effective and equitable Indonesian asset recovery policy.
JOURNAL ARCHIVE
2026-06-05
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Journal Customary Law
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pp. 1–11
Moh Ibnu Ichwanusshofa, Ahmad Redi
The primary objective of this study is to analyze the legal transformation in the enforcement of civil servant discipline as an integrated instrument for the prevention of corruption. Corruption within the bureaucracy cannot be separated from disciplinary violations that are often treated merely as administrative formalities. Although regulated under Law Number 20 of 2023 on State Civil Apparatus and Government Regulation Number 94 of 2021 on Civil Servant Discipline, the enforcement of discipline still tends to be reactive and oriented toward individual sanctions, and has not functioned effectively as an early detection mechanism for potential corruption. This research employs a normative legal method using statutory, conceptual, and theoretical approaches. The analysis draws on the Broken Windows Theory and the Normalization of Deviance theory to explain how tolerance toward minor administrative violations may evolve into more complex forms of corruption. In addition, the legal system theory is applied to examine the interaction between legal substance, structure, and culture in the enforcement of civil servant discipline. The findings indicate that the primary weakness lies in the existing legal construction, which has not integrated disciplinary enforcement with a comprehensive corruption prevention system, along with the limited role of direct supervisors in monitoring and controlling bureaucratic behavior. This condition calls for the reconstruction of legal norms toward a more proactive and detective model of disciplinary enforcement, as well as the strengthening of administrative accountability of direct supervisors as part of an integrated corruption prevention effort.
JOURNAL ARCHIVE
2026-06-04
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Journal Customary Law
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pp. 1–10
Marsanova Andesra, Ahmad Redi
This study aims to analyze and reconstruct the legal regulations regarding the influence of political parties on the independence of DPRD members in the Indonesian constitutional system. Using normative juridical methods through legislative and conceptual approaches, this study found that although the principle of popular sovereignty in the 1945 Constitution of the Republic of Indonesia places the DPRD as an independent representation of the people, in practice there is dominance of political parties through the mechanisms of factions, party discipline, and Interim Replacement as regulated in Law Number 17 of 2014 concerning the MPR DPR DPD and DPRD and Law Number 2 of 2011 concerning Political Parties. This condition indicates a tendency for a hidden imperative mandate that weakens the independence of DPRD members and impacts the quality of regional democracy. Therefore, it is necessary to reconstruct legal regulations that emphasize the principle of a free mandate, limit political party intervention, and strengthen legal protection for the independence of DPRD members in order to realize substantive representative democracy.