Realism: Law Review

Legal Reconstruction of Electronic Health Data Protection in Indonesia's Digital Health Ecosystem

Dhian Indah Astanti — 2026-08-07

The rapid expansion of Indonesia’s digital health ecosystem has heightened the urgency for strong legal protection of electronic health data. Existing frameworks, including the 1945 Constitution, Law No. 27/2022 on Personal Data Protection, Law No. 17/2023 on Health, Government Regulation No. 71/2019, and Minister of Health Regulation No. 24/2022, remain weakened by regulatory inconsistency, fragmented governance, limited institutional coordination, and insufficient regulation of emerging technologies. This study employs normative juridical research with statutory, conceptual, and comparative approaches, supported by qualitative prescriptive analysis. Comparative references to the EU’s GDPR and the US HIPAA highlight internationally recognized standards. Findings indicate that incremental amendments are inadequate, and comprehensive legal reconstruction is required. To address this, the Five-Pillar Legal Protection Model is proposed: Legal Substance Reform, Institutional Governance, Cybersecurity Integration, Patients’ Rights Protection, and Oversight and Law Enforcement. This model advances legal protection scholarship by transforming conventional frameworks into an integrated governance system that enhances legal certainty, institutional accountability, cybersecurity resilience, and patient rights within Indonesia’s digital health ecosystem.

Consumer Protection Against the Circulation of Illegal Skincare Products on E-Commerce Platforms in Makassar

Alifia Rosa Anggreani — 2026-08-08

The rapid growth of e-commerce has reshaped the distribution of skincare products in Indonesia while simultaneously increasing the circulation of illegal products through digital platforms. Many are sold without BPOM authorization, contain harmful substances, or provide misleading information, posing risks to consumer health and safety. This study analyzes the effectiveness of consumer protection against illegal skincare products on e-commerce platforms in Makassar and examines the legal responsibilities of platforms in preventing such circulation. Using normative legal research with statutory, conceptual, and analytical approaches, data were collected through library research and analyzed qualitatively with a descriptive-analytical method. Findings show consumer protection remains ineffective due to weak digital supervision, open marketplace systems, information asymmetry, and limited public legal awareness. Although platforms apply seller verification, product monitoring, takedown mechanisms, account suspension, and complaint services, these measures are largely reactive. Doctrinally, the study argues that the legal framework has not clearly imposed a preventive duty of care on e-commerce platforms as Electronic System Providers. Platform responsibility should extend to proactive legality verification and integrated supervision with BPOM. Strengthening regulatory coordination, digital monitoring, and platform accountability is essential to ensure legal certainty, justice, and effective consumer protection in Indonesia’s digital marketplace.

Effectiveness of Legal Protection for Farmers in Subsidized Fertilizer Distribution in Cikoro Village, Gowa Regency

Adelia Saputri — 2026-08-08

This study examines the effectiveness of legal protection for farmers regarding subsidized fertilizer allocation in Cikoro Village, Gowa Regency, based on the Regulation of the Minister of Agriculture of the Republic of Indonesia Number 15 of 2025. The study aims to analyze the regulation's implementation and identify factors influencing its capacity to safeguard farmers' rights. An empirical legal research method employing a socio-legal approach was utilized. Primary data were obtained through interviews with farmers, farmer group leaders, subsidized fertilizer retailers, and agricultural extension officers, while secondary data were gathered from legislation, legal literature, and other supporting materials. The findings indicate that the regulation establishes a legal framework covering beneficiary criteria, fertilizer distribution, and oversight, thereby providing legal protection for farmers. However, implementation has not been fully successful due to obstacles such as fertilizer shortages, weak oversight, farmers' lack of legal understanding, and the absence of a complaint mechanism. The effectiveness of legal protection is influenced by legal substance, law enforcement, supporting infrastructure, public participation, and legal culture. To ensure more effective legal protection in subsidized fertilizer distribution, the study highlights the need to improve the accuracy of the e-RDKK database, strengthen oversight, and enhance legal awareness.

Social Pathology, The State, and Power: A Sociological Analysis of Community Organisation Thuggery from the Perspective of Michel Foucault

Asmoro Aji — 2026-08-08

This study examines the changing role of community organisations in Indonesia, where their rapid growth has been accompanied by affiliations with organised thuggery. Drawing on Michel Foucault's poststructuralist perspective, organised thuggery is understood not as an objective social pathology but as a discursive construct produced through power/knowledge relations. This study explores how the state constructs community organisations affiliated with organised thuggery as objects of security intervention through governmentality. Using a qualitative approach, the research applies Foucauldian Discourse Analysis (FDA) to analyse state regulations, government policy documents, and police telegrams issued between 2024 and 2026. The findings show that the state establishes a regime of truth by classifying community organisations into "normal" and "deviant" categories, framing intimidation, extortion, and violence as threats to public order and the investment climate. This strategy is institutionalised through the Integrated Task Force established under the Coordinating Minister for Political and Security Affairs Decree No. 61 of 2025, integrating cross-sectoral coordination, administrative oversight, law enforcement, and organisational guidance. The study concludes that controlling organised thuggery relies not only on repression but also on administrative knowledge that legitimises state intervention and normalises organisational behaviour to maintain security, public order, and a sustainable investment climate

Discrimination against Shia Minorities in Indonesia: A Human Rights Perspective

mohamad arafah idrus — 2026-08-08

Religious freedom is a fundamental human right guaranteed by the Constitution of Indonesia and international human rights instruments. However, discriminatory practices against religious minority groups remain a pressing challenge. The Shia community, as one of these minorities, has often faced social exclusion, stigmatization, restrictions on religious activities, and unequal treatment in public life. In Makassar, the presence of Shia organizations has frequently encountered resistance from certain segments of society. This study aims to analyze the process of discrimination against the Shia minority in Makassar, identify the forms of discrimination experienced, and examine government policies in addressing such issues. Employing a qualitative descriptive approach, data were collected through in-depth interviews, observation, documentation, and literature review. Informants included Shia community leaders, religious leaders, academics, and government representatives, selected purposively. Data analysis followed the Miles and Huberman interactive model, consisting of reduction, display, and conclusion drawing. The findings reveal that discrimination against the Shia community is shaped by theological differences, identity politics, and institutional factors. It manifests in direct, indirect, and regulatory forms. Although legal frameworks exist to protect religious freedom, their implementation remains ineffective, creating a gap between constitutional guarantees and the lived realities of the Shia minority in Makassar

The Qualification of Theft in Post-Demonstration Events: Analysis of Decision 2489/Pid.B/2025/PN Surabaya

Hafizh Arrafii Firmansyah — 2026-08-08

This study examined the legal issue of applying Article 363 of the Criminal Code to the defendant’s actions in Decision Number 2489/Pid.B/2025/PN Surabaya, which occurred after a demonstration. The purpose was to assess the suitability of theft elements with aggravating sanctions based on trial facts and to determine a more appropriate legal qualification. The research used a normative legal method with statutory and case approaches, analyzing charges, demands, judicial decisions, and criminal law doctrine. Findings showed that applying Article 363 was not fully appropriate because the element of taking another’s property with intent to possess unlawfully was not convincingly proven. The object, a street nameplate as a public facility, indicated more of an act of moving or damaging rather than permanent control, which is central to theft. Moreover, the post-demonstration context cannot automatically justify aggravation without concrete evidence linking circumstances to the defendant’s actions. Errors in offense qualification affect criminal responsibility and limit proportional settlement options, including restorative justice. Therefore, law enforcement must prioritize accuracy of evidence, the principle of personal responsibility, and substantive justice as the foundation for applying criminal norms

The Effectiveness of Law Enforcement Against Illegal Mining Practices in Juriya Village, Bilato Subdistrict, Gorontalo Regency

nurwita wita — 2026-08-14

Most studies on illegal mining in Indonesia still focus on normative aspects, such as the Mineral and Coal Law and environmental regulations, while the empirical dimensions on the ground remain under-explored. Illegal mining practices in Juriya Village, Bilato Subdistrict, Gorontalo Regency give rise to legal, social, and environmental issues. Activities conducted without official permits damage ecosystems, threaten public safety, and result in losses to the state due to lost revenue from the mining sector. This study employs an empirical-legal approach by analyzing regulations and conducting interviews and observations with police officers, local government officials, and affected communities. The results show that although the legal framework is clear, economic factors are the primary driver behind the community’s continued engagement in illegal mining, as it is perceived to yield quicker returns. Law enforcement is primarily carried out through preventive and persuasive approaches such as legal outreach and capacity-building rather than repressive measures. The main obstacles include weak oversight, limited resources among law enforcement officials, and the community’s socioeconomic conditions. This study underscores the need for a more assertive law enforcement strategy, cross-sectoral collaboration, and community empowerment to ensure that efforts to combat illegal mining are effective and sustainable

Paternity Leave Policy In The Mother and Child Welfare Act

Nabilah Farah Dibah — 2026-08-11

Mothers experience a transition period involving major physical and psychological changes during pregnancy, childbirth, and childcare. During the process of adapting to their new role as mothers, they often experience heightened emotional sensitivity, stress, and even the risk of self-harm. This phenomenon can naturally impact a mother's mental health. In situations like this, the father's participation is very important in helping mothers meet their psychological needs. A mother's mental health will be maintained because the father actively accompanies and is involved in the parenting process, creating an environment where the mother does not feel alone, but is fully supported by her husband. In addition, mothers will also feel a sense of well-being because the parenting process is carried out together, which is manifested through cooperation, mutual respect, effective communication, and a shared sense of responsibility for the parenting process. Father involvement early in a child's life is a major predictor of their involvement later in life; taking paternity leave can lead to greater father involvement during infancy and higher levels of father involvement in adulthood. Thus, the process of developing attachment in children can have long- lasting effects.