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Marice Simarmata
Universitas Pembangunan Panca Budi
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ANALYSIS OF THE EFFECTIVENESS OF NATIONAL HEALTH INSURANCE (JKN) FINANCING ON THE QUALITY OF SERVICES IN FIRST-LEVEL HEALTH FACILITIES FROM THE PERSPECTIVE OF HEALTH LAW Hempi Wanty Saragih; Marice Simarmata
International Journal of Society and Law Vol. 3 No. 2 (2025): August 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i2.606

Abstract

The National Health Insurance (JKN) has been the main pillar in the implementation of the health system in Indonesia since its launch in 2014. With a financing scheme based on the principles of social solidarity and equity, JKN aims to improve the accessibility and quality of health services for the entire community. The First Level Health Facility (FKTP) as the front line of health services is expected to be able to provide quality services through a capitation financing mechanism. However, the effectiveness of this financing in improving the quality of services is still a debate in various circles, including in the aspect of health law that regulates the right to quality services. This study aims to analyze the effectiveness of JKN financing on the quality of services in FKTP with a health law approach as an analytical framework. This study uses a juridical-empirical method with data collection techniques in the form of surveys to patients, interviews with health workers, and analysis of related regulatory documents, such as Law Number 17 of 2023 concerning Health and Presidential Regulation Number 82 of 2018 concerning Health Insurance. Evaluation is carried out on the dimensions of service quality, including effectiveness, efficiency, accessibility, and patient safety, as well as conformity with health law principles such as fairness and non-discrimination. The results of the study show that the effectiveness of JKN financing in FKTP is still not optimal. The limited amount of capitation has an impact on low incentives for health workers and limited service facilities and infrastructure. As a result, some dimensions of service quality have not been fully met, such as long service waiting times and limitations in service types. From a health law perspective, this condition has the potential to violate patients' rights to quality and equal health services as mandated by law. These findings indicate the need to reformulate the JKN financing policy, especially in adjusting the capitation value based on service needs and workload in FKTP. In addition, strengthening regulations and supervision from related parties is very important to ensure that the principles of health law are implemented effectively. Thus, the quality of health services at FKTP can be improved in line with JKN's main goal in providing quality and fair health services for all levels of society. Based on the results of this study, it is suggested that the government conduct a thorough evaluation of the JKN financing scheme, strengthen supervision of FKTP, and integrate health law approaches in every health service policy. The application of the principles of health law will not only strengthen the rights of patients but also encourage the continuous improvement of the quality of services in first-tier health facilities.
LEGAL ANALYSIS OF THE ROLE OF BPJS KESEHATAN IN THE DISPUTE OVER THE FINANCING OF MEDICAL SERVICES IN HOSPITALS Zainuddin; Marice Simarmata
International Journal of Society and Law Vol. 3 No. 2 (2025): August 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i2.617

Abstract

The financing system for medical services in Indonesia, which is managed by the Social Security Administration Agency (BPJS) Kesehatan, is one of the important aspects in ensuring access to health for the community. However, the practice of financing often causes disputes between BPJS and hospitals regarding claims for medical service costs that are considered inappropriate. This dispute raises legal and administrative problems that have the potential to disrupt the smooth running of health services and patient rights. Therefore, an in-depth analysis of the legal role of BPJS Kesehatan in resolving the financing dispute is needed. This research aims to examine the legal role of BPJS Kesehatan in handling medical service financing disputes in hospitals and identify legal obstacles that arise in the dispute resolution process. In addition, this research also aims to provide recommendations for improving regulations and dispute resolution procedures to be more effective, fair, and transparent. The research method used is a normative qualitative approach with data collection techniques through the study of laws and regulations documents, cooperation contracts between BPJS and hospitals, as well as interviews with related parties such as BPJS managers, hospital management, and health law experts. The data were analyzed using normative and sociological juridical methods to obtain a comprehensive picture of legal aspects and their implementation. The results of the study revealed that BPJS's legal role in medical service financing disputes is still experiencing obstacles, especially due to the lack of detailed technical rules regarding claim procedures and dispute resolution mechanisms. This lack of clarity triggers tension between BPJS and hospitals, as well as has a negative impact on medical services. Therefore, strengthening regulations, transparency of claims procedures, and increasing the capacity of human resources in legal aspects are very necessary to optimize the function of BPJS in resolving financing disputes. The conclusion of the study states that the legal role of BPJS Kesehatan in medical service financing disputes needs to be improved through regulatory revision and the implementation of a more effective and accountable settlement mechanism. Recommendations were given for BPJS and hospitals to strengthen coordination and communication, as well as build a responsive dispute resolution system to maintain the quality of health services and public trust.
LEGAL REVIEW OF ODONTOGRAM MEDICAL RECORDS AS AN IDENTIFICATION TOOL IN LEGAL EVIDENCE IN COURT Erdi Effendi Nasution; Marice Simarmata; Muhammad Arif Sahlepi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

Odontogram medical records play a role in documenting dental and oral conditions as a basis for establishing a diagnosis, treatment planning, and legal evidence in medical disputes. This study aims to analyze the legal regulations regarding odontogram medical records as part of medical documents according to Indonesian law, the evidentiary power of odontogram medical records as a means of identification in the judicial process, and the legal responsibility of medical personnel for the validity of odontogram medical records in legal evidence in court. This study uses a normative juridical study type. This study is descriptive and analytical using various types of secondary data and is analyzed deductively qualitatively. The study findings indicate that the legal regulations for odontogram medical records in Indonesia are regulated in Law No. 17 of 2023 concerning Health along with Government Regulation No. 28 of 2024 and Minister of Health Regulation No. 24 of 2022 concerning Electronic Medical Records emphasizes the aspects of completeness, accuracy, security, and data integration. The evidentiary power of odontogram medical records as an identification tool in the judicial process to provide objective, specific, and verified scientific information regarding a person's identity through the condition of the teeth and oral cavity.
LEGAL PROTECTION BY HOSPITALS AGAINST VIOLENCE EXPERIENCED BY DOCTORS Sulyaprilawati Battri Siahaan; Henry Aspan; Marice Simarmata
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

This normative legal study aims to examine legal protection for doctors who are victims of violence in hospitals in Indonesia. Using a normative legal approach based on an analysis of legislation, legal doctrine, and academic literature, this study identifies a discrepancy between the normative legal protection provisions and their implementation in hospital institutional practice. The research findings indicate that acts of violence against doctors, whether verbal, psychological, or physical, are structural problems and correlate with the suboptimal legal protection system at the hospital level. Although Law Number 17 of 2023 concerning Health explicitly recognizes doctors' right to legal protection in carrying out their profession, in practice, hospitals still tend to limit this protection to administrative aspects and have not yet established a comprehensive legal protection mechanism. Effective legal protection has been shown to contribute directly to increasing doctors' sense of security, maintaining professional independence, and improving the quality of health services. Thus, strengthening institutional legal protection for doctors is a fundamental prerequisite for the realization of safe, quality, and equitable health services.
TELEMEDICINE SERVICES IN PERSONAL DATA PROTECTION (LEGAL REVIEW) Harianto; Marice Simarmata; Irsyam Risdawati
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

The development of digital technology has driven significant transformation in healthcare services, one of which is through the implementation of telemedicine between healthcare facilities. Telemedicine provides easy access to medical services, especially in remote areas, by utilizing information technology for consultation, diagnosis, and clinical data exchange. This study aims to analyze and examine legal regulations regarding personal data protection and the responsibility of telemedicine providers in protecting patients' personal data. The research method used is a normative legal research method, also known as doctrinal legal research or dogmatic legal research. This study focuses on written regulations, so it is closely related to a literature study. The results of the study confirm that to ensure that personal data is managed very carefully and cautiously by telemedicine service providers, more serious sanctions can be considered in this case, namely criminal liability for telemedicine service providers as controllers of personal data in the event that personal data is distributed illegally from management activities carried out using Hans Kelsen's legal liability theory, which states "Failure to exercise the care required by law is called negligence, and negligence is usually considered.
EFFORTS TO FULFILL AND PROTECT PATIENTS’ LEGAL RIGHTS IN HEALTH CARE SERVICES AT MEURAXA REGIONAL GENERAL HOSPITAL, BANDA ACEH CITY. Rayga Rayyan; T. Riza Zarzani; Marice Simarmata
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

The fulfillment and legal protection of patients’ rights are essential components of safe and equitable healthcare services. This study aims to analyze the fulfillment of patients’ rights and the forms of legal protection in healthcare services at a regional public hospital in Indonesia. An empirical juridical method with a qualitative approach was employed, combining statutory analysis with field data collected through in-depth interviews, observation, and documentation. The findings indicate that patients’ rights have generally been fulfilled, particularly the rights to information, informed consent, privacy, and healthcare services in accordance with applicable standards. Preventive legal protection is implemented through the application of standard operating procedures, while repressive legal protection is carried out through complaint mechanisms and professional disciplinary enforcement. However, the effectiveness of legal protection is influenced by institutional commitment, the understanding of health workers regarding patients’ rights, and the accessibility of complaint mechanisms for patients. These findings provide an empirical overview of the implementation of legal protection for patients’ rights in public hospital healthcare services and may serve as a reference for improving governance and accountability in public healthcare institutions.
THE ROLE OF LAW IN INCREASING THE IMPLEMENTATION OF INFORMED CONSENT IN HOSPITALS BASED ON HEALTH LAW NUMBER 17 OF 2023 Syifa Nadya Azzahra; Irsyam Risdawati; Marice Simarmata
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

Informed consent is one of the fundamental aspects in medical practice, emphasizing the patient's right to give consent based on full understanding of the medical procedures they are about to undergo. The proper implementation of informed consent is crucial to safeguard the patient's rights and ensure that medical actions are performed ethically and professionally. The Health Law No. 17 of 2023 provides a clear legal foundation regarding the obligations of hospitals and medical personnel in carrying out informed consent. Article 56 of this Law states that "every medical professional conducting medical procedures must provide sufficient information to the patient to obtain written consent before performing the medical procedure." This regulation aims to protect the patient's rights and improve the quality of healthcare services in hospitals. This research aims to analyze the role of law in enhancing the quality of informed consent implementation in hospitals, referring to Health Law No. 17 of 2023. The research method used in this study is normative legal research with a descriptive-analytical approach. This approach is used to examine the regulations related to informed consent, as well as its implementation in medical practice in hospitals. The research findings indicate that although Health Law No. 17 of 2023 provides a strong legal foundation, the implementation of informed consent in hospitals still faces various challenges. The main obstacles identified include the lack of understanding by both patients and medical professionals regarding the correct procedures, as well as insufficient oversight in the implementation of this policy. This study recommends enhancing training for medical personnel and implementing stricter supervision of informed consent practices in hospitals. of your findings.
The Impact of Corruption on Access to Health Services for the Poor (A Case Study of Health Operational Assistance (BOK) Funds in Central Aceh) Afini; Muhammad Arif Sahlepi; Marice Simarmata
Judge : Jurnal Hukum Vol. 6 No. 11 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i11.2549

Abstract

This study aims to analyze the impact of corruption in Health Operational Assistance (BOK) funds on the accessibility of health services for the poor in Central Aceh Regency during the 2022-2023 period, as well as to review the effectiveness of governance improvements following the investigation. The research employs a socio-legal (empirical) method with a qualitative approach. Primary data were collected through in-depth interviews with 30 health workers and 40 poor community respondents in the working areas of Bebesen and Pegasing Puskesmas, along with field observations and an analysis of Aceh Regional Police (Polda Aceh) investigation documents.The results reveal that the alleged corruption of BOK funds for the 2022-2023 fiscal year, amounting to IDR 5.3 billion, stemmed from the abuse of authority through fictitious reporting and budget markups across 45 activities. Empirically, this practice resulted in a degradation of outreach service quality (Posyandu and Pusling) and illegal deductions from health workers' honorariums. However, field findings in 2026 indicate a significant positive transformation following the enactment of Minister of Health Regulation Number 18 of 2024, where the direct funding mechanism to Puskesmas accounts successfully minimized bureaucratic intervention at the Health Office level. Furthermore, the limited budget ceiling often does not match the actual needs in the field. This study concludes that firm law enforcement based on Article 4 of the Anti-Corruption Law must be coupled with the provision of free medical transportation services to ensure the full constitutional rights of the poor to health.
Pemanfaatan Teknologi Informasi sebagai Media Edukasi Hak Pasien dan Pemeriksaan Kesehatan Gratis di Kabupaten Langkat Irsyam Risdwati; Muhammad Donni Lesmana Siahaan; Marice Simarmata
Jurnal Abdimas HAWARI : Jurnal Pengabdian Kepada Masyarakat Vol 6 No 1 (2026): Mei 2026
Publisher : CV. HAWARI

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Abstract

Pemanfaatan teknologi informasi dalam sektor kesehatan telah menjadi salah satu strategi penting dalam meningkatkan akses masyarakat terhadap informasi kesehatan yang akurat, cepat, dan mudah dipahami. Masyarakat Kabupaten Langkat masih menghadapi berbagai kendala dalam memahami hak-haknya sebagai pasien, termasuk hak memperoleh informasi medis, hak memberikan persetujuan tindakan medis (informed consent), serta hak memperoleh pelayanan kesehatan yang aman dan bermutu. Di sisi lain, masih terbatasnya kegiatan edukasi kesehatan yang memanfaatkan media digital menyebabkan tingkat literasi kesehatan masyarakat belum optimal. Oleh karena itu, kegiatan pengabdian kepada masyarakat ini bertujuan untuk meningkatkan pengetahuan dan kesadaran masyarakat mengenai hak pasien melalui pemanfaatan teknologi informasi yang dipadukan dengan penyelenggaraan pemeriksaan kesehatan gratis sebagai upaya promotif dan preventif dalam meningkatkan derajat kesehatan masyarakat. Metode pelaksanaan pengabdian dilakukan melalui pendekatan edukatif dan partisipatif dengan memanfaatkan media teknologi informasi materi digital, dan media presentasi interaktif sebagai sarana penyampaian informasi mengenai hak-hak pasien berdasarkan Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan. Kegiatan ini dilaksanakan dalam bentuk penyuluhan kesehatan, diskusi interaktif, penyebaran media edukasi digital, serta pemeriksaan kesehatan gratis yang meliputi pemeriksaan tekanan darah, kadar gula darah, asam urat, kolesterol, dan konsultasi kesehatan. Evaluasi kegiatan dilakukan melalui pemberian pre-test dan post-test untuk mengukur peningkatan pemahaman peserta terhadap materi edukasi yang diberikan serta penilaian kepuasan peserta terhadap pelaksanaan kegiatan. Hasil kegiatan diharapkan mampu meningkatkan literasi digital kesehatan masyarakat, memperluas pemahaman mengenai hak dan kewajiban pasien, serta mendorong pemanfaatan teknologi informasi sebagai media edukasi kesehatan yang berkelanjutan. Selain itu, pemeriksaan kesehatan gratis diharapkan dapat membantu deteksi dini berbagai faktor risiko penyakit tidak menular sehingga masyarakat terdorong untuk menerapkan pola hidup sehat dan memanfaatkan fasilitas pelayanan kesehatan secara tepat.
Legal Protection for Doctors Providing Health Services: A Study of Decision Number 365 K/Pid/2012 Rudi Mahruzar; Marice Simarmata; Muhammad Arif Sahlepi
Jurnal Multidisiplin Indonesia Vol. 5 No. 4 (2026): (2026): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v5i4.2672

Abstract

Legal protection for doctors in the provision of health care services remains an important issue within the Indonesian legal system. This study analyzes the application of the principle of lex posterior derogat legi priori in Supreme Court Decision Number 365 K/Pid/2012 as well as the legal protection afforded to doctors. Objectives: a. To determine how the principle of lex posterior derogat legi priori is applied in the case of Supreme Court Decision Number 365 K/Pid/2012. b. To determine how legal protection is provided to doctors who deliver medical services to patients. The method used is normative juridical research with a statutory approach, a conceptual approach, and a case study of Supreme Court Decision Number 365 K/Pid/2012. Results: In Supreme Court Decision Number 365 K/Pid/2012, a normative conflict occurred between the Criminal Code (KUHP) as general criminal law and the Medical Practice Law as a newer and more specific law. The judicial review decision that acquitted the defendant reflects the application of the principle of lex posterior derogat legi priori as well as the positioning of criminal law as ultimum remedium. In the context of current positive law, the enactment of Law Number 17 of 2023 on Health and Criminal Code Number 1 of 2023 further strengthens legal protection for doctors who carry out their practice in accordance with professional standards and operational procedures. 1. Supreme Court Decision Number 365 K/Pid/2012 demonstrates the application of the principle of lex posterior derogat legi priori. 2. The importance of legal protection for doctors
Co-Authors , Harianto , Muhammad Donni Lesmana Siahaan Afini Dwiki Ahmad Syaufi Erdi Effendi Nasution Frien Refla Syarif Hempi Wanty Saragih Henry Aspan Intan Yumanita Irsyam Risdawati Irsyam Risdawati Irsyam Risdwati Muhammad Arif Sahlepi Rayga Rayyan Redyanto Sidi Rudi Mahruzar Sulyaprilawati Battri Siahaan Syifa Nadya Azzahra Tengku Riza Zarzani N Zainuddin