Garuda - Garba Rujukan Digital

Legal Protection for Patient of Independent National Health Insurance’s Participant: Restriction on Hospitalization Upgrade I Nyoman Sudastra; Mokhamad Khoirul Huda; Asmuni
Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.

Eksekutabilitas Penetapan Penundaan Pelaksanaan Keputusan Tata Usaha Negara Asmuni
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.46

The research discusses the issues that emerge from executing the postponement stipulation of the administrative decision implementation and the concept of regulating the execution of postponement stipulation of the administrative decision implementation that can protect the interests of litigants. The research constitutes a normatively legal research. The used approach is the conceptual and statute approaches. The result of the research shows that postponing the administrative decision implementation makes applicable power of the sued administrative decision suspended temporarily; postponing the administrative decision implementation makes legal circumstances back to the first position, prior to the administrative decision disputed; and postponing the administrative decision implementation restricts to apply the principle of the legal presumption. Due to the influence of the postponement stipulation of the administrative decision implementation, it is necessary to put philosophically and theoretically and juridically legal reasons on the judge decision. The public interest reason is not required, because the administrative decision on the public interest has not become the State Administrative Court authority since the first time. The legal instruments used to postpone the execution of the administrative decision is an interlocutory decision not stipulation.

Upaya Hukum Pemenuhan Hak Penyandang Disabilitas Selama Masa Pandemi Covid 19 Asmuni Asmuni; Muflih Ramadhani
Media of Law and Sharia Vol 3, No 4: September 2022
Publisher : Faculty of Law Universitas Muhamadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v3i4.15843

The COVID-19 pandemic threatens all humans in the world. Many people died due to the plague of the world that has not disappeared yet from human civilization. Ministry of Social Affairs in 2021 through the Management Information System for Persons with Disabilities as of January 13, 2021, there were 209,604 persons with disabilities in Indonesia. This figure is a reference that there are quite a lot of people with disabilities that need to be considered with a large number of people with disabilities. Persons with disabilities are a group that is vulnerable to today's conditions, the spread of the COVID-19 pandemic in Indonesia. This research aims to determine the government's legal responsibility for persons with disabilities during the COVID-19 pandemic in Indonesia through regulations and legal remedies for handling them. This research uses the juridical-normative method and the conceptual approach and the statute Approach. The results of this study reveal that Persons with Disabilities have a right to health that cannot be reduced and requires the presence of the government to protect fundamental rights, that is the right to health which is included in human rights that have been stated in the laws and regulations in Indonesia. The fulfillment of rights for persons with disabilities during the COVID-19 pandemic has not been fully regulated and implemented by the government. It has been proven in several cases that there is discrimination against persons with disabilities in obtaining easy access and protection during the COVID-19 pandemic

Analisis Yuridis Pelayanan Radiologi Klinik terhadap Dokter Gigi dan Pasien Rio Faisal Ariady; Asmuni Asmuni
Perspektif Hukum VOLUME 22 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i2.166

Juridically analyze the regulations governing the services of Clinical Radiology for Dentists and Patients. The purpose of this research is to look at the aspects of Norms Conflict, Legal Responsibilities, and also legal protection for related legal subjects. The research method used is normative law, namely document studies with a statutory approach and a conceptual approach. This research aims to determine the norms in the Regulation of the Minister of Health which regulates related to Radiology Services are contrary to the norms in the laws and regulations that regulate the competence of a dentist as well as those that regulate the rights of patients. The use of principle of legal conflict lex superior derogate legi Inferiore is used because the regulation of the authority of dentists has been explicitly regulated in the Act where the hierarchy in the legislation has a higher position than the Regulation of the Minister of Health. So that the dentist in terms of responsibility for clinical radiology services still adheres to the law that regulates the competence of dentists. In terms of protecting dentists or patients, it can be taken through preventive and repressive legal protection.

Ancaman Sanksi Pidana Bagi Pelaku Pengambilan Paksa Jenazah Pasien Suspek Dan Probable Covid-19 Asmuni Asmuni; Budi Pramono
Jurnal IUS Kajian Hukum dan Keadilan Vol. 9 No. 3: December 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i3.933

Penelitian ini bertujuan untuk menganalisis tentang jenazah pasien Suspek/Probable Covid-19 dalam Protokol Covid-19 dan tanggungjawab pelaku pengambilan paksa jenazah pasien Suspek/Probable dalam hukum pidana. Penelitian ini merupakan tipe penelitian yuridis normatif, yaitu penelitian yang difokuskan untuk mengkaji penerapan norma-norma dalam hukum positif dengan cara memadukan bahan-bahan hukum yang merupakan bahan hukum sekunder dengan primer. Pendekatan yang dilakukan adalah pendekatan perundang-undangan (statue approach), pendekatan konseptual (conseptual approach). Berdasarkan hasil penelitian ini dapat disimpulkan bahwa jenazah pasien tersebut merupakan jenazah suspek/probable Covid-19, harus diperlakukan seperti Jenazah Covid-19 sampai ada hasil dari tes swab untuk memenuhi hak-hak jenazah, Tanggungjawab pelaku pengambilan paksa jenazah pasien suspek/probable dalam hukum pidana dapat dijatuhi hukuman pidana sesuai dengan Undang-Undang Nomor 4 Tahun 1984 tentang Wabah Penyakit Menular.

Disharmonization of the Implementation of Specific Organizational Units at Regional General Hospitals with Regional Public Service Agency Hospital Management Arif Rahman Nurdianto; Asmuni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.182

The implementation of the Special Organizational Unit (UOBK) is still not in accordance with the governance of the BLUD system, reinventing government, the principles of simplification of the bureaucracy, and good government. Based on the authority theory, the UOBK RSUD director must be responsible for, and coordinate with the Kadinkes for all implementation, services, finances, or staffing, this is done because the Kadinkes is the direct supervisor or SKP who is responsible to the Regent. In addition, the director is a budget user power (KPA) who is given some authority by the Kadinkes as the budget user (PA). From the point of view of State Administrative Law and BLUD, Article 1 of Law No.1/2004 concerning the State Treasury and Government Regulation (PP) No. 23 of 2005 and the revision of the Hospital Law No. 44 of 2009 has been implemented by the hospital, namely that it must become a BLU so that it can make the hospital professional, transparent, accountable and implement entrepreneurship in public services. In terms of good governance, operational guidelines must be formed so that the implementation of Article 3 of Law Number 25 of 2009 concerning public services is the realization of clear boundaries and relationships regarding the rights, responsibilities, obligations, and authorities of all parties related to the provision of public services at UOBK BLUD RSUD must go according to the General Asan Principles of Good Governance. For this reason, it is necessary to implement a whole government between the Ministry of State Civil Apparatus Empowerment and Bureaucratic Reform, the Ministry of Home Affairs, the Ministry of Health, and the State Civil Service Agency as the leading sector in the Bureaucratic Trimming Policy in PP 72 of 2019.

Legality of Anesthesia Assistance in Surgical and Anesthesia Health Services in Hospital Bambang Eko Prasetyo; Sutarno Sutarno; Asmuni
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.159

There is a demand from the community for quality health services, but the number of anesthesia service providers is still small. This poses a problem considering that it is the anesthesiologist who must accept the delegation of authority for medical anesthesia procedures. From these problems, this research aims to analyze the arrangements for assisting anesthesia services in hospitals and analyze the legal consequences for hospitals that employ health workers in anesthesia services that are not in accordance with competence and statutory regulations. This research method uses a normative juridical approach with statutory, conceptual and comparative approaches. The results showed that anesthesia services were only recognized after having applied a bachelor's degree in anesthesiology nursing and having certification in the form of Anesthesia Administration Registration Certificate and Anesthesia Management Practice License which are renewed every 5 years. Anesthesia service assistants who have a certificate must be able to carry out their professional authority responsibilities which include pre-anesthesia, intra-anesthesia and post-anesthesia authority by applying 5 competency standards which include legal ethics and patient safety; self-development and professionalism; effective communication; scientific basis of biomedical sciences, anesthesiology, and instrumentation; and clinical skills.

Hospital Responsibilities in Storing Electronic Medical Record Documents Sugianto Prajitno; Mokhamad Khoirul Huda; Asmuni
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.161

Medical records in hospitals are data for compiling health information and every health service and every health service, whether providing outpatient or inpatient services, is required to make a medical record and sanctions are imposed for those who violate it in accordance with applicable laws and regulations. The aim of this research is to analyze the norms for storing and destroying manual medical record documents and to analyze the legal responsibility of hospitals for storing electronic medical records in hospitals. The type of research used in this research is legal research. This type of research is carried out by examining legal norms in applicable laws and regulations related to guidelines and codes of ethics for a profession, especially in this case, medical laboratory technology experts in providing health services. Specifically, the type of research is normative juridical or doctrinal research. The findings of this research are that the legal responsibility of hospitals for storing electronic medical records in hospitals has been regulated by Minister of Health Regulation No. 24 of 2022, while the responsibility of hospitals in implementing electronic medical records is also outlined in the Ministry of Health in the form of ministerial supervision through the director general. If deviations occur, administrative sanctions will be given in the form of a warning or revocation of accreditation status.

Legal Protection for Patients Participating in Health Insurance Administering Agencies with Heart Disease with Medication Restrictions in Outpatient Services in Hospitals Suwondo Ariyanto; Mokhamad Khoirul Huda; Asmuni
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.162

Health is a human right that must be realized in accordance with Pancasila and the 1945 Constitution. BPJS patients have the right to get good health services and medicines according to their diseases, including heart disease. The administration of drugs in the National Health Insurance (JKN) program must be in accordance with the National Formulary (Fornas). There are rules regarding drug restrictions in Fornas that cause problems in outpatient services for BPJS patients with heart disease. The purpose of this research is to analyze the legal protection of patients and the hospital's responsibility for drug restrictions. Research Methods: The type used in this study is normative juridical with a statute approach and a conceptual approach. Collection and processing of legal materials using document studies or library materials with added literature, journals and expert opinions related to legal issues and then read, studied and analyzed to arrive at a conclusion. Results: Legal protection for BPJS patients with heart disease is contained in the 1945 Constitution and the Law on Health in 2023. The hospital is also responsible for BPJS patients to get medicines according to medical examination. Conclusion: BPJS patients with heart disease have legal protection to get optimal therapy and the hospital is responsible for administering restricted heart drugs so that patients get therapy according to the guidelines.

The Abuse of Power Philosophy in Government Administration Asmuni Asmuni
Media of Law and Sharia Vol. 5 No. 2: March 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i2.95

Government authority and governance in Indonesia are governed by Law No. 30 of 2014, which is titled "Government Administration." Following the implementation of this law, however, a problem arose regarding the government's abuse of authority. The objective of this study is to examine specific instances in which the government has improperly exercised its authority subsequent to the implementation of Law No. 30 of 2014. This investigation employs a normative methodology. This study examines established legal norms or regulations in order to comprehend and evaluate a legal phenomenon. As evidenced by the research findings, instances of governmental authority abuse abound, encompassing the implementation of detrimental policies, human rights violations, and the manipulation of data to advance political objectives. This abuse of authority is exacerbated by transparent practices, inadequate government accountability, and ineffective oversight mechanisms.

Title

Found 10 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 10 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 10 Documents
Search