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All Journal AKADEMIK: Jurnal Mahasiswa Humanis Journal of Indonesian Islamic Studies
Willy Johan
Universitas Boyolali
Religion Humanities Education Languange, Linguistic, Communication & Media Social Sciences Other

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Potensi Pelanggaran Prinsip Timeliness dalam ICESCR: Analisis Layanan JKN di Indonesia Willy Johan; Ragil Barry Prastiyo; Dwi Imroatus Sholikah
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 1 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i1.1792

Abstract

The persistent problem of long waiting times in Indonesia’s National Health Insurance (JKN) services has raised concerns about the fulfillment of the right to health guaranteed under Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Although the AAAQ framework Availability, Accessibility, Acceptability, and Quality does not explicitly mention timeliness, delays in medical services directly affect accessibility and quality. This study aims to examine whether service delays within JKN indicate potential non-compliance with Indonesia’s international human rights obligations. Using a normative legal method supported by targeted case illustrations, this research analyzes the alignment between ICESCR standards and the implementation of JKN policies, particularly regarding disparities in service delivery and prolonged waiting times. The findings show that unequal distribution of health facilities, inconsistent service quality between insured and non-insured patients, and extended queues at primary and referral facilities undermine the substantive elements of accessibility and quality. These conditions may constitute a potential breach of the core obligations outlined in ICESCR, despite the absence of a binding enforcement mechanism. Strengthening facility capacity, improving digital service systems, and ensuring equitable distribution of health personnel are identified as essential measures to ensure timely, non-discriminatory, and rights-based health services.
Legal Analysis of the BPJS Kesehatan Memorandum of Agreement and the Protection of Emergency Patients' Rights Willy Johan; Nanik Sutarni; Tegar Harbriyana Putra
Journal of Indonesian Islamic Studies Vol. 5 No. 2 (2026): Journal of Indonesian Islamic Studies (April)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v5i2.11537

Abstract

Emergency care is a fundamental health service that must be provided immediately without administrative or financial delays to protect the rights to health and life. However, within the implementation of Indonesia's National Health Insurance (Jaminan Kesehatan Nasional, JKN), the BPJS Kesehatan Memorandum of Agreement (Berita Acara Kesepakatan, BAK), which serves as a guideline for claims settlement, may influence the delivery of emergency care. This study aims to analyze the legal implications of the BAK for the provision of emergency care under Indonesian positive law and to examine it from the perspective of Islamic law. This study employed normative legal research using statutory and case approaches. Legal materials were collected through library research and analyzed using a prescriptive legal approach based on grammatical, systematic, and teleological interpretation, complemented by an analysis grounded in the principles of maqāṣid al-sharī'ah. The findings indicate that several provisions of the BAK, particularly those concerning Death on Arrival (DOA) claims and internal consultations, have the potential to shift the nature of the therapeutic obligation from inspanningverbintenis (obligation of best efforts) to resultaatsverbintenis (obligation of results), creating disharmony with the legal framework governing emergency care and undermining the principle of balance in the legal relationship between BPJS Kesehatan and hospitals. From the perspective of Islamic law, these restrictions are inconsistent with the principles of ḥifẓ al-nafs (protection of life), maṣlaḥah (public interest), and lā ḍarar wa lā ḍirār (no harm and no reciprocating harm), all of which recognize the protection of human life as a primary objective of Islamic law. Therefore, harmonization of BPJS Kesehatan's administrative policies with Indonesia's health law framework is necessary to ensure legal certainty, justice, and optimal protection of patient safety.
Co-Authors DWI IMROATUS SHOLIKAH Nanik Sutarni Ragil Barry Prastiyo Tegar Harbriyana Putra