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Efendi , Zakaria
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ANALISIS YURIDIS NORMATIF: KEWENANGAN PENERBITAN RESEP KACAMATA DAN IMPLIKASINYA TERHADAP KLAIM ASURANSI KESEHATAN DI INDONESIA Riono, YV Agung; Ginting , James Davidta; Simarmata, Murni; Efendi , Zakaria
Jurnal Mata Optik Vol. 7 No. 1 (2026): JURNAL MATA OPTIK
Publisher : Akademi Refraksi Optisi dan Optometry Gapopin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54363/jmo.v7i1.302

Abstract

Regulatory Reform in Health through Law No. 17 of 2023 on Health has introduced a paradigmatic shift in the governance of health professionals in Indonesia. One of the fundamental changes worth noting is the clear demarcation between medical practitioners (physicians and dentists) and other health professionals, alongside the strengthening of optometrists’ professional authority within the domain of medical technical expertise. This study aims to analyze the scope of optometrists’ authority in issuing eyeglass prescriptions following the enactment of the 2023 Health Law and to examine its compatibility with health insurance claim requirements, particularly under BPJS Kesehatan. Employing a normative juridical research method with statutory and conceptual approaches, this study finds a dissonance between the health law regime, which grants professional autonomy to optometrists, and the social security law regime, which continues to require prescriptions from ophthalmologists. The study recommends regulatory harmonization across sectors and the reinforcement of the role of the Indonesian Health Professionals Council in ensuring the quality of optometric services.
ANALISIS YURIDIS EMPIRIS OPTOMETRY DISPUTES DAN MALPRAKTIK OPTOMETRI DI INDONESIA Riono, YV Agung; Simarmata, Murni Marlina; Efendi , Zakaria; Doringin , Ferry
Jurnal Mata Optik Vol. 7 No. 2 (2026): Jurnal Mata Optik
Publisher : Akademi Refraksi Optisi dan Optometry Gapopin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54363/9z208w14

Abstract

This research conducts a normative and empirical legal analysis of optometry disputes and malpractice in Indonesia, framed through the IRAC method (Issue, Rule, Application, Conclusion) and contrasted with global practices. The Issue is whether optometrists, as formally recognized health professionals under Health Law No. 17 of 2023, may incur criminal liability for malpractice, and how such liability differs from civil optometry disputes. The Rule derives from Indonesian statutes, Health Law 2023, Consumer Protection Law 1999, KUHP 2025, and KUHAP 2026, which establish criminal sanctions for negligence causing serious injury or death, while consumer law governs disputes over service quality. The Application reveals that most Indonesian cases are optometry disputes, involving refractive errors that rarely result in blindness or death, and are resolved through civil remedies under consumer protection. Malpractice liability arises only when negligence leads to severe outcomes, requiring expert testimony and prior review by the Professional Discipline Council of Health (Majelis Disiplin Profesi Kesehatan). In comparative perspective, jurisdictions such as the United States and the United Kingdom emphasize civil liability and professional disciplinary mechanisms, reserving criminal sanctions for egregious negligence. Indonesia’s dualistic framework, criminal liability for malpractice and civil remedies for disputes, which reflects both global trends and local statutory innovations. The Conclusion underscores the strategic role of professional organizations (IROPIN) and business associations (GAPOPIN) in prevention through standard-setting, advocacy, and mediation. Strengthening these mechanisms is essential to harmonize Indonesian practice with international norms, ensuring accountability, consumer protection, and professional integrity.