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Andi Maysarah
Universitas Dharmawangsa Medan
Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR BPJS INPATIENTS DUE TO LIMITED HOSPITAL SPACE Efrysa Frijon Hutagaol; Andi Maysarah; Dian Hardian Silalahi
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31052

Abstract

Access to healthcare is a constitutional right of citizens guaranteed by law. However, in practice, inpatients participating in the National Health Insurance (BPJS Kesehatan) are still frequently denied referrals by hospitals due to limited inpatient room capacity. This study aims to analyze the legal provisions related to the rights of BPJS Kesehatan patients, examine the legal responsibilities of hospitals and BPJS Kesehatan, and identify forms of legal protection for patients who experience referral denials. This study uses a normative legal method with a statutory and conceptual approach, through a qualitative analysis of secondary legal materials. The results show that denials of inpatient referrals due to limited capacity, without providing alternative referrals, contradict the hospital's obligation to provide healthcare services and its social function as stipulated in the Health Law and related regulations. Legal responsibility for such denials lies with the hospital due to negligence in providing services, and with BPJS Kesehatan due to its weak supervisory function over the referral system. Legal protection for patients includes preventive measures in the form of transparency of bed availability information and integration of hospital information systems, as well as repressive measures in the form of administrative sanctions and civil lawsuits. This study concludes that despite the existence of a regulatory framework, weak law enforcement has resulted in suboptimal protection of patient rights. Therefore, strengthened oversight, real-time integration of hospital management systems, and the implementation of strict sanctions are needed to ensure legal certainty for BPJS Kesehatan participants.
LEGAL ANALYSIS OF THE APPLICATION OF ALTERNATIVE CHARGES IN SEXUAL VIOLENCE CASES FOLLOWING THE ENACTMENT OF THE TPKS LAW (Study of Decision Number 99/Pid.Sus/2024/PN Lubuk Pakam) Ferry Wira Padang; Andi Maysarah; Dian Hardian Silalahi
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31053

Abstract

The enactment of Law Number 12 of 2022 (UU TPKS) creates a legal intersection with the Criminal Code (KUHP) in prosecuting sexual violence, necessitating strategic alternative indictments. This research analyzes the juridical application of alternative charges in Decision Number 99/Pid.Sus/2024/PN Lubuk Pakam to determine the validity of applying the KUHP after the enforcement of UU TPKS. Utilizing a normative juridical method with a case study approach, this study evaluates the judge's considerations regarding the lex specialis derogat legi generali principle. The discussion reveals that while the Public Prosecutor presented alternative charges combining Article 285 KUHP and Article 6 of UU TPKS, the Panel of Judges prioritized the KUHP indictment. This decision was grounded in the specific facts the use of a sharp weapon and physical force which aligned more precisely with the element of violence in the KUHP rather than the abuse of authority emphasized in the UU TPKS. The analysis confirms that enforcing general law is legally justified when factual violence outweighs relational exploitation. The conclusion asserts that the 12-year imprisonment satisfies the sense of justice. It is suggested that law enforcers maintain flexibility in selecting articles that best represent the modus operandi to ensure effective prosecution.
RESTORATIVE JUSTICE AND FULFILLMENT OF VICTIMS' RIGHTS IN HANDLING DOMESTIC VIOLENCE CASES (Study at the Deli Serdang District Attorney's Office) Veryanto Sitohang; Andi Maysarah; Dian Hardian Silalahi
NOMOI Law Review Vol 7, No 1 (2026): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v7i1.31054

Abstract

Domestic violence cases present a complex legal challenge where rigid retributive punishment often exacerbates the economic vulnerability of victims. This study aims to evaluate the implementation of restorative justice at the Deli Serdang District Attorney's Office and its effectiveness in ensuring the fulfillment of victims' rights. Employing an empirical juridical method through interviews and case analysis, this research assesses the application of Prosecutor’s Regulation Number 15 of 2020. The results demonstrate that the prosecutor's office successfully utilizes mediation to secure immediate economic restitution and preserve family unity, offering a superior pragmatic alternative to incarceration. However, the analysis reveals a critical deficiency: the current practice prioritizes material compensation and administrative efficiency, frequently overlooking long-term psychological recovery and safety guarantees due to the absence of mandatory professional risk assessments. The study concludes that while beneficial for economic stability, the current mechanism requires refinement. Consequently, it suggests an ideal model integrating psychosocial evaluations and strict post-agreement monitoring to ensure substantive justice and genuine protection.
Co-Authors Dian Hardian Silalahi Efrysa Frijon Hutagaol Ferry Wira Padang Veryanto Sitohang