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Kewenangan BPSK dan BMAI dalam menyelesaikan sengketa asuransi Antara perusahaan asuransi dan pemegang polis asuransi Sipahutar, Anjani; Sipahutar, Ervina Sari; Fauzi, Muhammad
Jurnal Normatif Vol. 4 No. 2 (2024): Desember 2024
Publisher : Fakultas Hukum Universitas Al Azhar Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54123/jn.v4i2.394

Abstract

Disputes can occur in various sectors, one of which occurs in the insurance sector. If there is a dispute or insurance dispute between the insurer and the insured, the parties to the dispute can choose to resolve the dispute they are experiencing through court/litigation or outside court/non-litigation. Dispute resolution that is resolved through court/litigation is regulated in Article 1266 of the Civil Code, and dispute resolution outside of court can be done through Alternative Dispute Resolution (ADR). Based on statutory regulations in effect until 2019, the LAPS established for disputes in the insurance sector is the Indonesian Insurance Mediation and Arbitration Agency (BMAI). One example of a dispute in the insurance sector that was resolved through alternative dispute resolution is the case of Decision Number 17/Pdt.Sus-BPSK/2021/PN Llg
Tanggung Jawab Pemerintah Terkait Penonaktifan Peserta PBI Terhadap Kebijakan Surat Keputusan Kementerian Sosial No. 70 Tahun 2019 Tahap Ke Enam Amalia, Apri; Gunawan Purba, Indra; Sipahutar, Ervina Sari
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8098

Abstract

In 2019 the number of poor people ini Medan Citywas 183,790 people with a percentage of the population receiving PBI health insurance of 29,60% based on data from the Central StatisticsAgency. PBI JK participants are people who are classified as poor and cant’t afford whosecontributions are paid by the Government in the amount of Rp. 420.000. In 2091 the Ministry of Social Affairs issued Decree No. 70 0f 2019 sixthphase concerning policies against deactivating PBI JK participants. This is what becomes a polemic ini a society that can’t afford it. The deactivation of thin Center certainly affects PBI participants who hold the Medan Sehat Card in the city of Medan, which provide health protectionbenefits for Medan city residents.The research method uses a normative-empirical research type. The 1945 constitution explicitly stated that the state is obliged to provide health facilities for the poor and is obliged to develop a Social Security System, hence Law no 40. 0f 2004 concerning the National Social Security System and Law no. 24 of 2011 concerning Sosial Security Administering Bodies. Responbility ofthe Medan City Government in collaboration withBPJS Health, the social service and the Medan City Government Hosipital provide and coordinate in carrying out their socialresponbilities for PBI recipients whose assistancehas been stopped by the Minsitry of Social Affairs. BPJS Health as an institution managing guarantees of free health servicer to the poor must coordinate with the Medan city social service as an extension of the government to provide information related to community povertydata ini terms of data management. This coordination is to create order between institutions and the public in the use of law whichfunctions as legal certainty. Keywords: Contribution Assistance Recipients,Health Insurance, Medan City Government
Konstruksi Hukum dalam Standarisasi Tata Kelola Perencanaan Pembangunan Daerah untuk Mendukung Efektivitas Pembangunan Nasional Sipahutar, Ervina Sari
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.14094

Abstract

Regional development planning is a crucial component of the national development system. However, decentralization and variations in institutional capacity across regions pose serious challenges to the uniformity and effectiveness of planning governance. This study aims to analyze the role of legal construction in promoting the standardization of regional development planning governance to support the effectiveness of national development. Using a normative juridical approach, this research applies a literature review method focusing on laws and regulations, policy documents, and relevant academic literature. The findings indicate that a strong and adaptive legal framework is essential to establish a well-coordinated, data-driven planning system that is responsive to long-term development needs. The main obstacles identified include overlapping regulations, disparities in institutional capacity, and the suboptimal application of accountability and public participation principles. The study recommends regulatory harmonization between central and regional governments, strengthening the capacity of planning institutions, and developing an integrated information system with clear legal provisions. In conclusion, an effective legal construction serves as a fundamental foundation for creating a standardized governance structure for regional development planning, capable of accelerating and sustaining national development.