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    Sriwijaya Law Review

    Sriwijaya Law Review

    JournalISSN 2541-5298eISSN 2541-6464

    年发文量

    研究主题

    论文(201)

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    1Optimising Telemedicine: Can It Fulfil the Right to Healthcare in Indonesia?
    Helena Primadianti Sulistyaningrum,Putu Samawati

    Telemedicine, an innovation in information technology-based healthcare services, has emerged as a solution to address the challenges of equitable and high-quality healthcare access. However, many challenges and obstacles still hinder the provision of telemedicine to the public. This study will examine two main points in addressing these challenges and obstacles: the sustainable benefits of telemedicine in fulfilling the right to health and the ideal legal reconstruction governing it. The legal issues analyzed relate to the lack of comprehensive regulations and the need for a clear legal framework to ensure the protection of patient rights, data security, and service certainty. The method employed is normative research, incorporating literature studies and analysis of regulations, as well as ethical and legal concepts related to telemedicine. The analysis results indicate that telemedicine provides sustainable benefits through improved access to healthcare services, cost efficiency, and enhanced service quality and patient satisfaction, thereby fulfilling the right to health. However, without a strong legal foundation, telemedicine practices have the potential to present significant legal risks, particularly in relation to malpractice and data protection. Therefore, an ideal legal framework is needed to regulate aspects of the doctor-patient relationship, rights and obligations, data protection, and independent oversight mechanisms. Telemedicine is a solution and innovation that offers sustainable benefits in supporting the effective fulfilment of the right to health, provided it is accompanied by adequate legal protection to ensure justice, certainty, usefulness, safety, and quality in digital healthcare services.

    2026
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    2Synergy of Sharīʿah Fintech Regulation and Halal Tourism: Towards a Sustainable Economy Based on Islamic Law
    Wirdyaningsih, Iffah Karimah, Fahrul Fauzi, Aufi Qonitatus Syahida, Zainuddin, Zalina Zakaria

    The synergy between Sharīʿah fintech regulation and halal tourism must be grounded in the objectives of Islamic law (maqāṣid al-sharīʿah), which prohibit usury (ribā), uncertainty (gharār), and gambling (maysir), to foster a fair, transparent, and sustainable economic ecosystem that empowers local communities. In practice, however, this synergy faces several challenges, including regulatory oversight gaps, superficial Sharīʿah compliance, cross-sectoral regulatory fragmentation, low levels of Sharīʿah financial literacy, and limited digital infrastructure. In Indonesia, Sharīʿah fintech is regulated by POJK No. 77/2016 on technology-based lending services, DSN-MUI Fatwa No. 117/2018 on Sharīʿah-compliant fintech operations, and PBI No. 19/2017 concerning fintech implementation and financial system stability. Halal tourism, meanwhile, is governed by Law No. 33/2014 on Halal Product Assurance, which mandates halal certification for goods and services, including tourism-related activities. This normative legal research employs legislative, conceptual, and analytical approaches, drawing on primary and secondary legal materials obtained through literature review and document analysis. The findings indicate that regulatory integration between Sharīʿah fintech and halal tourism is essential for promoting sustainable and inclusive economic growth. Such synergy enhances transparency, accountability, and trust, while enabling halal tourism operators to access ethical financing through instruments such as muḍārabah and mushārakah. Ultimately, this collaboration strengthens Indonesia’s national halal ecosystem, supports SMEs, enhances economic development, and increases global competitiveness in halal market.

    2026
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    3Integrating Psychiatric Assessment in Chemical Castration Sanctions for Child Sexual Offenders in Indonesia
    Y.A. Triana Ohoiwutun, Gio Arjuna Putra, Vicko Taniady

    Indonesian Law No. 17 of 2016 was enacted to aggravate sanctions with chemical castration sanctions for sexual offenders against children. Viewed from a psychological perspective, a paedophile can also commit this sexual crime, so it is certainly not appropriate to impose this sanction on the person found to be a paedophile. For these facts, this current study provides a solid understanding of why it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. To achieve this understanding, the data were collected from the texts of the verdicts concerning sexual crimes against children issued by the Mojokerto District Court on 2 May 2019, the Surabaya District Court on 18 November 2019, and the Sumenep District Court on 9 December 2025. The collected data were then analysed using the model developed by Miles and Huberman (1994). The result of the analysis reveals that because of the lack of involvement of the psychiatrist in the legal process of sexual crime against children, the three verdicts does not state that the perpetrators of sexual crime against children are paedophiles. Therefore, it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. From the perspective of comparative law, the involvement of psychiatrists in the implementation of chemical castration is manifested in two forms: firstly, providing opinions by considering the mental state of the Defendant (judicial process), and secondly, in the form of observation, monitoring, and post-chemical castration recommendations (as the executor of the Court's decision).

    2026
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    4Marine Conservation in the East Sea: Legal, Political, and Economic Constraints on Vietnam’s Environmental Governance
    Hung Chu Manh, Hoang Do Qui, Tuan Vu Van

    The study investigated the challenges and prospects of marine resource management in regions with overlapping maritime claims. It particularly focused on Vietnam’s efforts to conserve Vietnam’s East Sea. Geopolitical constraints, legal uncertainties, and economic mechanisms are the main factors that impede the effective management of maritime resources in disputed areas, as seen in the 1982 UNCLOS and regional legal regimes. This qualitative study employed a structural, analytical approach to exploit secondary resources, using case studies and literature analysis to evaluate the effectiveness of Vietnam’s policies in sustainable fisheries management, marine protected areas, and international collaborations with neighbouring countries. The results reveal that Vietnam has made progress in adopting preventive measures pursuant to the 1982 UNCLOS; however, it also faces serious challenges in implementing them, including insufficient regional cooperation, territorial disputes, and scientific uncertainties. The study underscores the urgent need for a robust legal and institutional framework to facilitate sustainable resource management across overlapping maritime claims. Therefore, the findings highlight the necessity of enhanced cooperation, stronger enforcement of legal frameworks, and greater scientific collaboration to address the conservation challenges of Vietnam’s East Sea.

    2026
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    5Right to Information and Anti-SLAPP on Consumer Protection in Indonesia
    Herawan Sauni,Putra Perdana Ahmad Saifulloh,Sonia Ivana Barus, Akhmad,Asrul Ibrahim Nur

    Anti-Strategic Lawsuit Against Public Participation (SLAPP) is a provision that provides legal protection to the public who fight for public interests recognisedrecognised in legislation, usually in the environmental field; however, this study examines the projection of Anti-SLAPP for consumer protection. This research is normative legal research with a legislative, case, and conceptual approach, examining legal protection for consumers when submitting reviews on social media by highlighting the freedom of opinion guaranteed by legislation. The results of this study led to a balance of rights to information, and SLAPP was implemented for the benefit of all Indonesian people to foster meaningful participation in consumer protection. This study provides suggestions to Lawmakers on issuing regulations that specifically address Anti-SLAPP. These regulations are important to protect consumers from all threats, especially criminal entanglements, and as a guide for law enforcement officers in handling SLAPP cases in Indonesia. Lawmakers can issue regulations that, in revising the Consumer Protection Law, include anti-SLAPP provisions.

    2026
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    高被引作者

    作者引用发文
    Annalisa Yahanan304
    Rohani Abdul Rahim263
    Irsan Irsan213
    meria utama213
    Febrian Febrian186
    Dwi Tiara Kurnilasari161
    Nabeel Mahdi Althabhawi152
    Parviz Bagheri151
    Zinatul A. Zainol153
    Kukuh Tejomurti142

    高产作者

    作者引用发文
    Febrian Febrian186
    Annalisa Yahanan304
    Lego Karjoko44
    Irsan Irsan213
    meria utama213
    henny yuningsih123
    Rohani Abdul Rahim263
    I Gusti Ayu Ketut Rachmi Handayani103
    Zinatul A. Zainol153
    Rohaida Nordin13

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