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All Journal JURNAL ILMIAH ADVOKASI
Yulias Erwin
Hukum Program Magister Universitas Muhammadiyah Mataram
Law, Crime, Criminology & Criminal Justice

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A JURIDICAL-NORMATIVE INQUIRY INTO THE PROCEDURAL FRAMEWORK OF LEGAL PROTECTION FOR THE POOR TO ACCESS HEALTHCARE IN INDONESIA Kadarusman Kadarusman; Nurjannah Septyanun; Yulias Erwin
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.7617

Abstract

This article uses a juridical-normative approach to examine health access for low-income people, focusing on procedural justice as an analytical framework. It highlights the legal system's role in protecting people with low incomes regarding health access and encourages reflection on more practical applications of procedural justice principles. Legal protection in health includes preventive and repressive aspects involving the government, hospitals, and the BPJS Kesehatan. The government and hospitals are responsible for providing good health facilities and patient safety. Participants can claim compensation for negligence or errors in health services. In contrast, hospitals are liable for losses caused by the medical team. The research highlights the importance of transparency, public participation, the right to information, and equality in ensuring quality health services for participants of the BPJS Kesehatan. However, there are areas for improvement, such as limited access to information, slow settlement processes, little compensation, legal uncertainty, and protection from discrimination. To address these weaknesses, increased transparency, accessibility, and efficiency are expected. Cooperation between the government and related agencies is essential for improving the effectiveness of the legal protection system for participants.Keywords: BPJS Kesehatan; Legal Protection; Poor People, Procedural Justice
LEGAL LIABILITY OF THE SCHOOL OPERATIONAL ASSISTANCE TEAM IN GOODS AND SERVICES PROCUREMENT THROUGH SIPLAH: DEFAULT AND DISPUTE RESOLUTION PERSPECTIVE Wan Iswandi; Nurjannah Septyanun; Yulias Erwin
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.7742

Abstract

This research analyses the legal implications for SOA  (School Operational Assistance) Teams and goods/service providers via SIPLAH (Sistem Informasi Pengadaan di Sekolah - School Procurement Information System) in cases of default, and examines the available dispute resolution mechanisms. The background to this issue is the high potential for disputes arising in educational goods and services procurement transactions facilitated by the SIPLAH system, given the complexity of the parties involved and the substance of the contracts. This study employs a juridical-normative approach by reviewing relevant laws and regulations, including those concerning School Operational Assistance (SOA) Funds and government goods and services procurement, as well as civil law principles, particularly regarding contracts and default. Data was obtained through a literature study and legal document analysis. The research findings indicate that default by either the SOA  Team or a SIPLAH provider can lead to various legal consequences, ranging from compensation obligations and contract cancellation to administrative and criminal sanctions, depending on the nature and impact of the default. The dispute resolution mechanisms that can be pursued include amicable settlement (musyawarah mufakat), mediation, arbitration, or litigation through the district court. A deep understanding of the rights and obligations of the parties, as well as dispute resolution procedures, is expected to minimise the risk of default and ensure the effectiveness and accountability of SOA  Fund utilisation. This study contributes to the development of legal doctrine regarding the legal responsibilities of School Operational Assistance Teams in electronic procurement through SIPLAH by clarifying the legal consequences of default and proposing a more effective dispute resolution framework.Keywords: Default, SOA  Team, SIPLAH, Dispute Resolution, SOA  Fund.
Co-Authors Kadarusman Kadarusman Nurjannah S Wan Iswandi