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All Journal Yuridika SHARE Journal: Studi Hukum Keuangan Negara/Daerah
Nufitasari, Dien
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Politik Hukum Pemenuhan Hak atas Kesehatan Pasca Penghapusan Ketentuan Mandatory Spending: Legal Policy of Fulfilling the Right to Health After the Erasure of Mandatory Spending Provisions Nufitasari, Dien; Anam, Mohammad Choirul; Wiwoho, Jamal; Muryanto, Yudho Taruno; Wardhono, Dwi Tjahja Kusumo
SHARE Journal Vol. 1 No. 2 (2025): JSHARE Vol. 1 No. 2, December 2025
Publisher : Badan Pembinaan dan Pengembangan Hukum Pemeriksaan Keuangan Negara Badan Pemeriksa Keuangan RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28986/jshare.v1i2.2405

Abstract

Law Number 17 of 2023 on Health has erased the requirement to allocate 5% to the health sector from the State Revenue and Expenditure Budget and 10% from the Regional Revenue and Expenditure Budget. It was previously required under Law Number 36 of 2009 concerning Health. This paper analyzes the fulfillment of the right to health following the removal of the mandatory spending provision. The authors employ legal methodology, adopting both normative and conceptual approaches. The study reveals that the government erased the mandatory spending norm for several reasons. Some of these stem from limited fiscal space and program flexibility, constrained by budget efficiency arising from the existence of the national health insurance, the emergence of new areas of corruption in the health sector, and the misallocation of the health budget. The legal policy of the Health Law should explicitly allocate 10%–20% to the health sector and include targeted, structured, and well-planned programs to achieve the greatest possible prosperity for the people. This allocation amount is comparable to expenditures in the education sector, underscoring that mandatory health spending reinforces the responsibility of both central and local governments to allocate sufficient health budgets as a national priority.
Reformulation of Regulation Concerning Share Ownership in Regional Development Banks by Regional Governments of Indonesia Nufitasari, Dien; Dewantara, Reka
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.788 KB) | DOI: 10.20473/ydk.v36i3.26551

Abstract

Regional development banks (BPDs) are a realisation of regional governments' commitment to carry out the objectives of the Banking Law to improve the area. BPDs have an important role in moving the regional economies, but regulatory obstacles arise when norms conflict in terms of regulating share ownership by regions. Therefore, synchronisation is needed to realise legal certainty. This article aims to suggest reformulations to the regulation of share ownership of BPDs to give legal certainty. The article adopts a normative juridical law research method with statutory, conceptual and analytical approaches. The results of the study indicate there are inconsistencies in the provisions governing the share ownership of BPDs. There are juridical implications for the emergence of rights, obligations and legal relations due to inconsistent arrangements. Regulatory reformulation of BPD share ownership by regional governments should be carried out by adopting the concept of norms, resulting in consistent regulation.
Co-Authors Jamal Wiwoho Mohammad Choirul Anam Reka Dewantara Wardhono, Dwi Tjahja Kusumo Yudho Taruno Muryanto