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All Journal TOFEDU: The Future of Education Journal
Zuhri, Basrial
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Education Languange, Linguistic, Communication & Media Mathematics Other

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The Implementation and Historical Perspective of Health Law in Law No. 17 of 2023 Yandi, Rus; Zuhri, Basrial; Yatim, Yenita; Kaksim, Kaksim
The Future of Education Journal Vol 4 No 6 (2025)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v4i6.786

Abstract

The Indonesian Health Law has experienced a tug-of-war of interests between the government, the medical profession, and the community. Historically, it has experienced a few problems. Initially, the government tended to emphasize aspects of efficiency and regulatory control, but the medical profession highlighted the issues of professionalism and autonomy, and the community emphasized health rights and public participation. The purpose of the study was to trace the dynamics of initiation, the substance of the omnibus law with changes in the fundamentalism of health law, issues of overlapping regulations, reduced role of professional organizations, low socialization in the community. The literature review research method combines a normative legal approach and empirical analysis based on journal articles, proceedings, and other sources. The study uses secondary data, namely scientific articles. The primary is the text of the law. The results of the first study, the responsibility of the hospital can be held civilly accountable. Second, the mechanism for medical disputes in law enforcement is not yet consistent, lack of socialization of medical personnel and patients, the need for integration of mediation technology and legal education. Three, technical challenges arise, low digital literacy, data leakage, limitations of remote diagnosis. Four, regulations for people with disabilities. five, the process of derivative regulations and socialization of legal materials must be followed up through PP, Perpres, Permenkes with careful planning. six, Attention to victims of sexual violence. In conclusion, an omnibus was born that integrated 11 previous health laws. but there are still findings of problems with mimin socialization, law enforcement and the capacity of health workers.
The Implementation of the Principle of Justice (al-’adl) in BPJS Health Services at Hospitals from a Legal Perspective Yandi, Rus; Zuhri, Basrial; Sibawai, Ahmad
The Future of Education Journal Vol 5 No 1 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i1.1547

Abstract

The background of this title is that the principle of justice (al-’adl) in Islamic law is a fundamental concept that demands equality, proportionality, and protection of rights. This principle is important to analyze in the context of its implementation in the health social security system regulated by the state, specifically BPJS Kesehatan, particularly in the contract for services at hospitals. This study aims to analyze the implementation of the al-’adl principle in BPJS health services at hospitals from a legal perspective, examining the alignment of operational practices with the framework of positive law (laws and BPJS regulations) as well as Islamic law (fiqh siyasah and maqasid syariah). The research uses a normative juridical method with a legislative, conceptual, and comparative approach to legal norms. The results show that normatively, the laws on the National Social Security System (SJSN) and BPJS Kesehatan have been formulated with the spirit of social justice in line with maqasid syariah, especially in protecting the right to life (hifzh an-nafs) and property (hifzh al-mal), which could be threatened by potential injustices. Issues such as the dual payment system causing service disparities, inconsistent interpretation of standard tariff rules, and an under-optimized mechanism for complaints and enforcement of rights hinder the realization of justice. This research concludes that although the formal legal basis for BPJS Kesehatan has adopted substantive justice values, harmonization and stronger regulation enforcement at the operational level in hospitals are needed to ensure procedural, distributive, and real justice (al-adl al-haqiqi) for all participants.
The Legislative Authority of the House of Representatives (DPR) in Law-Making under the 1945 Constitution of the Republic of Indonesia Zuhri, Basrial; Yandi, Rus; Zahmi, April; Triawan, Ade
The Future of Education Journal Vol 5 No 1 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i1.1557

Abstract

The amendments to the 1945 Constitution of the Republic of Indonesia post-reform have brought fundamental implications for the configuration of legislative authority within Indonesia’s constitutional system. One significant change is the strengthening of the authority of the People's Representative Council (DPR) as the holder of the power to make laws, as emphasized in Article 20, paragraph (1) of the 1945 Constitution. This article aims to comprehensively examine the legislative authority of the DPR in the lawmaking process according to the 1945 Constitution, as well as its implementation in Law Number 12 of 2011 on the Formation of Legislation, DPR RI Regulation Number 1 of 2020 on House Rules, DPR Regulation Number 2 of 2020 on Lawmaking, and Presidential Regulation Number 87 of 2014. This study uses the Normative Legal Research Method, with a statute approach. The research findings show that the DPR’s legislative authority includes the power to propose draft laws, to deliberate jointly with the President, and to enact draft laws into law. Although the DPR constitutionally holds the power to create laws, in practice, this authority is still exercised within the framework of the distribution of power, involving both the President and the Regional Representative Council (DPD). This article emphasizes that the DPR’s dominance in legislation has been reinforced after the amendments to the 1945 Constitution, yet its implementation still faces political and procedural dynamics that require strengthening of coordination mechanisms, public participation, and balance between state institutions to ensure the creation of democratic and accountable laws.
Co-Authors Kaksim Rus Yandi Sibawai, Ahmad Triawan, Ade Yandi, Rus Yatim, Yenita Zahmi, April