Marice Simarmata
Universitas Pembangunan Panca Budi, Medan, Indonesia

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Aesthetic Surgery Complications: Medical Legal Responsibilities and Health Insurance Claims Faisal Lutfi; Marice Simarmata; T Riza Zarzani
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.v5i1.2488

Abstract

Aesthetic surgery, as an elective medical procedure, has its own legal complexities, particularly when complications occur or results do not meet patient expectations. This study aims to analyze the regulations and limitations of physicians' legal liability in aesthetic surgery, as well as examine the role of informed consent and therapeutic agreements in legal liability. The research method uses a qualitative approach through a literature review of laws and regulations, legal doctrine, court decisions, and related literature. The results of the study indicate that complications are not necessarily categorized as malpractice if the procedure meets professional and service standards. Legal liability only arises if there is a breach of obligation, professional negligence, or failure to comply with the standard of care that causes harm. Informed consent and therapeutic agreements play a strategic role as the basis for legal relationships, protecting patient rights, and limiting physicians' liability for claims of dissatisfaction with results. It is concluded that the implementation of professional standards and proper documentation of consent are key to addressing the legal risks of aesthetic surgery.
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.