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

A Critical Review of Indonesia’s Health Law and Its Implementing Regulations: Strengths and Challenges

Anita Arum Puspita — 2025-04-30

This research explores the impact of Indonesia's Health Law Number 17 of 2023, particularly the removal of mandatory spending provisions and the introduction of Government Regulation Number 28 of 2024, which has led to significant public discourse. Utilizing normative legal methods with a conceptual and statutory approach, the study evaluates the alignment of these changes with the Indonesian Constitution, specifically Article 28H paragraph 1 and Article 34, as well as their compatibility with societal norms and values. The findings indicate that the abolition of mandatory spending may hinder equitable access to healthcare, despite the intention to enhance fiscal flexibility through program-based budgeting. Additionally, Article 103(4)(e) of the regulation, which addresses the provision of contraceptives for adolescents, has raised concerns due to its ambiguity and perceived misalignment with cultural and moral standards in society. This research highlights the critical need for policies that are not only legally sound but also contextually appropriate and responsive to societal needs, offering insights into the challenges of health policy reform in Indonesia.

The Administrative Court Judges Paradigm on Justice and the Protection of the Awyu Indigenous People's Rights in Environmental Permit Dispute

Masna Nuros Safitri — 2025-04-30

The environmental permit dispute between the Awyu Indigenous People
and PT Indo Asiana Lestari highlights challenges in protecting indigenous rights and environmental justice in the Administrative Court. The main issue lies in the legal paradigm that prioritizes procedural aspects and material losses, while neglecting local wisdom, community participation, and long-term ecological impacts. This study aims to analyze the judicial paradigm in Administrative Court rulings and its implications for the protection of indigenous rights and environmental sustainability. Using normative legal research and the critical legal studies approach, the findings indicate that administrative court decisions reinforce structural injustice by limiting the definition of harm to material losses, without considering social and ecological damages. As long as the law remains unchanged, judges will continue to adhere to a procedural and formalistic approach. Therefore, legal reform is necessary, particularly a review of Article 53(1) of the Law on Administrative Court, to enable judges to consider social and ecological impacts in their decisions.

The Right to be Forgotten: Protecting Emergency Contact in the Reform of Personal Data Protection Policy in Indonesia

Aulia Anugrah Intani — 2025-04-30

This article analyzes concern regarding the massive development
of online lending applications in Indonesia. The government should make that
invention as one of the priority focuses for protecting Indonesia’s citizen. Various
studies and regulations have been made by the government to protect online
loan users. Unfortunately, there is one party that still needs to be prioritised for
protection in Indonesia, which is the emergency contacts of online loan application
users. Emergency contacts need legal protection regarding their data used by
borrowers as collateral if they default. Indonesian law is inadequate inthisregard.
Therefore, innovations are needed regarding the applicable regulations and
concepts to be able to protect emergency contacts’ data. The method used in this
paper is literature review. The result of this study found that a more comprehensive
regulation and implementation of Right to be Forgotten is needed to keep upwith
the rapid technological developments in the field of financial technology. The results
emphasise the importance of personal data protection not only for borrowers, but
also for emergency contacts. The reason for this is due to the increasing number
of data breach cases. Ultimately, this research found that reforms by applying data
protection principles are essential to protect the parties in online loan service
providers