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Westiartika, Dhira Taramadia
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Law, Crime, Criminology & Criminal Justice

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The Application of Artificial Intelligence (AI) in Health Services within the Context of Positive Legality in Indonesia Westiartika, Dhira Taramadia; Agustina, Ria; Anas, Kamal; Abdulhamid, Muhammad; Lidiawati, Meri; Prayuti, Yuyut
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1320

Abstract

The quality and efficiency of healthcare services have changed significantly due to advances in digital technology and artificial intelligence (AI) in the medical field. However, these advances also present various legal, ethical, and social obstacles that require serious consideration. This study investigates the application of AI in the medical field from a progressive and responsive legal perspective. Using normative juridical methods and qualitatively analyzed secondary data. This study aims to establish adaptive regulations that can adapt to the changing nature of technology while protecting the integrity of medical services and patient rights. This study also shows the importance of integrating human and spiritual values ??into the application of medical technology to ensure that healthcare services are holistic and focused on patient welfare. The study findings suggest that the establishment of a safe, equitable, and sustainable digital health ecosystem depends on the collaboration of policymakers, medical personnel, technology experts, and the public. Therefore, to optimize the advantages of technology and reduce risks in the future healthcare sector, it is important to establish responsive and inclusive regulations based on lex specialist.
Song Copyright Law Reform in Indonesia Westiartika, Dhira Taramadia; Abdulhamid, Muhammad; Nobel, Raden Muhammad; Fikri, Ahmad Ma’mun
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1321

Abstract

 Copyright on songs is one component of intellectual property rights that is philosophically based on the theory of naturalism and the theory of interests. However, in the Indonesian context, it also needs to be understood through the Marhaenism approach which emphasizes social justice. The National Collective Management Institution which was established based on Government Regulation Number 56 of 2021 and Law Number 28 of 2014 is tasked with managing copyright licenses. However, its existence raises various problems, including the potential for monopoly, lack of transparency, and limited access for independent music creators. The purpose of this study is to determine how copyright regulations are implemented in Indonesia. Using normative legal methods and secondary data, this study proposes a hybrid licensing model that will reform the copyright licensing system in Indonesia by implementing a progressive and responsive legal approach. This model will allow creators to choose between collective licenses and individual licenses based on digital technology. This reform is expected to realize distributive justice, more adaptive legal protection, and respect for the moral and economic rights of creators in a balanced manner
The Application of Vicarious Liability Principle in Malpractice Cases by Health Workers in Indonesia Nobel, Raden Muhammad; Westiartika, Dhira Taramadia; Abdulhamid, Muhammad; Prayuti, Yuyut
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1342

Abstract

A party's liability for unlawful acts committed by another person under its responsibility is established by the principle of vicarious liability in civil law. This principle is crucial in determining the hospital's liability for malpractice committed by medical personnel under its supervision in the context of health services. This investigation employed a normative legal method that considered pertinent legal literature, doctrines, laws, and regulations. The results reveal that Article 1367 of the Civil Code normatively establishes a general basis for liability for the actions of others in a dependent relationship, whereas Article 46 of Law Number 44 of 2009 concerning Hospitals explicitly mandates that hospitals are accountable for the negligence of health workers employed in their institutions. Conversely, the practical implementation of this principle continues to encounter numerous impediments, including the absence of sufficient technical regulations, the challenge of substantiating formal employment relationships, and the absence of consistent jurisprudence. It is anticipated that the principle of vicarious liability will be enforced more effectively, which will enhance legal protection for patients, promote institutional accountability, and establish a health service system that is more transparent, fair, and prioritizes patient safety.
Co-Authors Agustina, ria Anas, Kamal Fikri, Ahmad Ma’mun Lidiawati, Meri Muhammad Abdulhamid Nobel, Raden Muhammad Prayuti, Yuyut