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Analysis of the political law of centralization of state authority in law number 17 of 2023 on health: A normative legal study Ida Bagus Gede Adiguna Wibawa; Imam Ropii
Journal of Law Science Vol. 8 No. 1 (2026): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i1.6995

Abstract

This article examines the political law underlying the centralization of state authority in Law Number 17 of 2023 on Health. The enactment of this law marks a significant shift in Indonesia’s health legal framework, particularly through the strengthening of the central government’s role in regulating, supervising, and controlling the national health system. The objective of this article is to analyze the legal policy orientation behind this centralization and to assess its implications for health governance, professional autonomy, and adherence to rule-of-law principles. This study employs a normative legal research method using statutory, conceptual, and historical approaches. Primary legal materials consist of Law Number 17 of 2023 and related regulations, while secondary materials include scholarly books and journal articles on political law and health law. The findings indicate that centralization in the Health Law reflects the state’s policy to improve regulatory effectiveness, policy coherence, and equitable health service delivery. However, this legal policy also raises normative and operational challenges, particularly regarding the distribution of power, the independence of health professionals, and institutional accountability. Operational accountability indicators identified include transparency requirements, objection mechanisms, policy audits, and judicial oversight, which are essential to ensure that centralization does not compromise the rule of law or professional autonomy. Finally, the study identifies priority research agendas to strengthen understanding of centralized health governance, such as analyzing conflicts between regulatory norms, reviewing Constitutional Court or Supreme Court decisions on health authority, and conducting comparative studies with other countries. The article concludes that while Law Number 17 of 2023 strengthens national health governance, balanced and conditional centralization supported by legal safeguards is necessary to achieve both effectiveness and normative compliance.
Legal pluralism in the practice of informed consent among indigenous communities RA. Sri Hardini; Agustinus Giri Respati; RM. Achmad Roeswandi; Imam Ropii
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2321

Abstract

The transformation of individual autonomy standards in modern health law often creates a conflict of norms when implemented within the communal social structures of indigenous peoples. This research aims to analyze the dialectics of legal pluralism in the practice of medical informed consent to find a middle ground between centralistic state regulations and the "living law" within indigenous communities. This study employs an empirical legal research method with a socio-legal approach using a descriptive-qualitative design. The results reveal the phenomenon of "collective autonomy," where the validity of medical consent does not merely rely on individual will but is significantly determined by the legitimacy of customary authority and family deliberation mechanisms. Findings indicate that current informed consent practices tend to be legalistic-formal and fail to translate medical risks into local cultural logic, thereby creating judicial vulnerability for both medical personnel and indigenous patients. It is concluded that a reconstruction of the informed consent model based on "Integrative Legal Pluralism" is required, which accommodates communal consent and the use of cultural mediators as a legitimate part of medico-legal procedures. This model offers a strategic solution to achieve a more inclusive healthcare service, respecting the constitutional rights of indigenous peoples while ensuring equitable legal certainty in Indonesia.
Legal liability of nurses in adverse events: A normative-empirical analysis of patient safety governance at RSUD dr. Soeroto Ngawi Melita Widyastuti; Sri Ayu Astuti; Imam Ropii; Marsudi Dedi Putra; Carolina Kuntardjo
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2341

Abstract

Adverse events pose a serious threat to patient safety in hospitals. Data from RSUD Dr. Soeroto Ngawi reveal fluctuations in medical incident cases over 2021–2024 (n=354), with procedural and medication errors dominating patient safety reports. A critical research gap persists regarding inconsistent SOP implementation and a blame culture that suppresses transparent incident reporting — gaps unaddressed through an integrated legal-empirical lens. This study aims to analyze forms of nursing negligence, construct a legal accountability framework, and identify barriers and resolution efforts at a regional public hospital. An empirical legal approach was employed, combining case-based and statutory analysis. Data were collected through in-depth interviews with eight key informants, observation, and document review, then analyzed using descriptive qualitative methods with legal triangulation. Results indicate that nursing negligence primarily occurs in patient identification and clinical communication during handover. Nurses' accountability is manifested through immediate clinical responses, IKP system reporting, and root-cause investigations under Law No. 17 of 2023 on Health. Accountability nonetheless remains hindered by psychological barriers and structural workload imbalances. The scientific contribution of this study is the Dual-Layer Accountability Model, which proportionately assigns legal liability between individual professional conduct and institutional systemic failures — a framework absent from prior Indonesian health law scholarship. It is recommended that hospital management adopt a non-punitive just culture, digitize incident reporting, and strengthen clinical risk management training to ensure legal certainty for nurses while advancing patient safety.