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All Journal Journal Evidence Of Law
Irsyam Risdawati
Universitas Pembangunan Panca Budi, Medan, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Analysis of the Implementation of the Rights of Patients with Mental Disorders to Access Health Services in Hospitals Farhan Farhan; Muhammad Arif Sahlepi; Irsyam Risdawati
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2451

Abstract

The rights of patients with mental disorders are an integral part of efforts to provide fair and equitable health services. In this context, hospitals as health institutions have a responsibility to ensure that patients with mental disorders get their rights, including access to quality health services. This research focuses on the implementation of the rights of patients with mental disorders in obtaining access to health services at Prof. Dr. Muhammad Ildrem Hospital, North Sumatra. The main focus of this study is to evaluate the extent to which the rights of patients with mental disorders are guaranteed and fulfilled in the hospital service system. This study uses a qualitative approach with a descriptive type of research. Data was collected through in-depth interviews with relevant parties, such as medical personnel, patients with mental disorders, and hospital managers. In addition, direct observation of health service practices in hospitals is also carried out to get a more complete picture of the implementation of patient rights. This study aims to analyze the extent of the implementation of the rights of patients with mental disorders at Prof. Dr. Muhammad Ildrem Hospital. and to find out the factors that affect patients' access to health services, as well as to identify obstacles and challenges faced in the implementation of patients' rights. The results of the study show that although there are policies that support the protection of the rights of patients with mental disorders, their implementation in the field still faces various challenges. Some of the factors that affect access to health services for patients with mental disorders include social stigma against mental disorders, limited facilities and trained human resources, and lack of adequate understanding from some medical workers regarding the rights of patients with mental disorders. Conclusion of this study The implementation of the rights of patients with mental disorders at Prof. Dr. Muhammad Ildrem Hospital still needs to be improved, especially in terms of fulfilling access to health services in accordance with their rights. Social stigma and limited resources are the main obstacles that need to be overcome.
Legal Protection for Nasional Health Insurance (JKN) Participants in the Case of Default in Health Facility Services Based on Health Law Number 17 of 2023 Samira Samira; Irsyam Risdawati; Redyanto Sidi
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2454

Abstract

This study aims to examine legal protection for National Health Insurance (JKN) participants in dealing with cases of default in health facility services, with reference to Health Law Number 17 of 2023. The main focus of the research is to understand the extent to which this law provides legal protection for the rights of JKN participants, especially when the health services received are not in accordance with the applicable provisions. Through a normative approach, this study analyzes the provisions contained in the law related to the obligations of health facilities and the rights of JKN participants, as well as the legal impact in the event of a default in health services. This study also identifies forms of default that may occur in the context of implementing JKN, both from the health facility and the JKN program organizer itself. By using an analytical legal approach, it is hoped that solutions can be found to improve the protection mechanism for participants, including legal remedies that can be taken by JKN participants if their rights are not fulfilled. In this study, it is also discussed about the role of supervision and sanctions given to parties who commit defaults, as well as the government's obligation to ensure that health services provided to JKN participants are in accordance with the set standards. Through the results of the analysis, this study concluded that although Health Law Number 17 of 2023 provides a strong legal basis to protect the rights of JKN participants, there are still gaps in its implementation that can harm participants. Therefore, it is recommended that there be increased supervision, a better understanding of the rights of JKN participants, and stricter law enforcement against health facilities that commit defaults. This research makes an important contribution to the development of the health legal system in Indonesia.
Implementation of Law No. 17 of 2023 on Dispute Resolution between Patients and Health Workers in Complications of Eye Surgery M. Ammar Al Ghifari; Irsyam Risdawati; Muhammad Arif Sahlepi
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2490

Abstract

Medical complications, particularly in eye surgery, are inherent risks that may lead to disputes between patients and healthcare providers. In Indonesia, Law Number 17 of 2023 and Government Regulation Number 28 of 2024 emphasize non-litigation mechanisms, especially mediation, as the primary approach to resolving medical disputes. This framework aims to protect both parties while reducing the burden of litigation. This study analyzes the implementation of these regulations in resolving disputes arising from ophthalmic surgical complications, focusing on legal certainty, justice, and balanced protection.This research employs a normative legal method using statutory and literature approaches. The analyzed regulations include Law Number 17 of 2023, Law Number 29 of 2004, Law Number 36 of 2009, Law Number 30 of 1999, and Supreme Court Regulation Number 1 of 2016. Secondary data from textbooks, journals, case reports, and court decisions were examined using qualitative descriptive analysis.The findings indicate that mediation serves as a mandatory initial step in resolving medical disputes. Non-litigation pathways are considered faster, more cost-effective, and less confrontational than litigation. Professional disciplinary bodies play a crucial role in assessing alleged negligence proportionally. Legal protection for healthcare providers is ensured without neglecting patients’ rights. Overall, the regulation strengthens a restorative justice approach, maintains the therapeutic relationship, and balances rights and obligations, although challenges remain in technical implementation and public awareness.
Juridical Analysis Of The Implementation of The BPJS Kesehatan Program in Improving Access to Health Sevices in Indonesia Meri Ulfa; Marice Simarmata; Irsyam Risdawati
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2491

Abstract

Healthcare is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia, yet access disparities remain a serious problem in Indonesia. This study aims to analyze the legal aspects of implementing the BPJS Kesehatan program to improve access to health care and identify existing legal barriers. The research method employs a normative legal approach, using statutory and conceptual frameworks, and analyzes primary,secondary, and tertiary legal materials through a qualitative, descriptive-analytical approach. The results indicate that the BPJS Health program has a strong legal foundation based on the 1945 Constitution of the Republic of Indonesia, Law No. 40 of 2004 on the National Social Security System, Law No. 24 of 2011 on the Social Security Administration Agency, and Law No. 17 of 2023 on Health, with an enrollment coverage of 89% of the population (242 million people).However, implementation faces legal challenges: a gap between regulations and practice, a financial deficit of Rp 13 trillion, delays in claim payments, and weak legal protection for participants. The study recommends regulatory reform, improvements to the financial system,strengthening of legal protection mechanisms, and enhanced coordination among institutions to achieve equitable and sustainable Universal Health Coverage.
Co-Authors Farhan Farhan M. Ammar Al Ghifari Marice Simarmata Meri Ulfa Muhammad Arif Sahlepi Redyanto Sidi Samira Samira