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All Journal Jurnal Paradigma Hukum Pembangunan Locus Journal of Academic Literature Review
Siradj Okta
Universitas Katolik Indonesia Atma Jaya
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The Moral Reading of HIV Prevention in the United States: Criminal Law and Tort Law Siradj Okta
Jurnal Paradigma Hukum Pembangunan Vol 6 No 02 (2021): Jurnal Paradigma Hukum Pembangunan
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v6i02.2644

Abstract

The United States government has been campaigning to encourage people to take HIV testing and thus get treated. It is puzzling that more than 50% of States have HIV-specific criminal laws that criminalize both exposure and transmission. At the same time, there is an increased tort law to seek financial compensation for unwanted HIV exposure and transmission. While both laws the moral claim of protecting people from HIV infection, this paper is trying to find an answer to the following inquiry: What is the difference of the moral reading between the use of criminal law and tort law in addressing HIV prevention in the United States? This paper uses the traditional descriptive comparison between criminal law and tort law under the American legal system with a nationwide jurisdictional scope. This paper measures the difference using the frame of reference of Ronald Dworkin's law, morality, and interpretation theory. Both criminal law and tort law have been developing similar liability principles regarding HIV exposure and transmission under the United States' common law tradition. For HIV prevention itself, both criminal law and tort law play a marginal role in gaining public health purposes in reversing the HIV epidemic. Criminal law has been scrutinized as not aligned with the purpose of law where misconceptions exist in both substantive dimension and the underlying moral claim. Tort law, on the other hand, suffers an even less moral claim on public health purposes. However, tort law maintains a consistent narrow sense of financial liability.
Specialized Health Courts for National Health Insurance Disputes in Indonesia Siradj Okta; Dedy Yudhistira; Nugroho Adipradana; Fachrudin Sembiring; Kris Tumbel
Locus Journal of Academic Literature Review Vol 5 No 7 (2026): July
Publisher : LOCUS MEDIA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56128/ljoalr.v5i7.1143

Abstract

Indonesia's National Health Insurance (Jaminan Kesehatan Nasional, JKN) has integrated healthcare financing and administration into a single national system, yet the institutions responsible for resolving healthcare disputes remain divided across multiple jurisdictions. This institutional divergence has become increasingly significant as healthcare disputes now extend beyond medical negligence and insurance reimbursement to encompass administrative decision-making, contractual relationships, professional accountability, and the constitutional right to health. This article examines whether Indonesia's existing judicial framework remains capable of adjudicating disputes generated by an integrated healthcare system. It first analyses the legal characteristics of disputes arising under JKN and the fragmentation of their resolution across existing institutions. It then evaluates the institutional limitations of the current framework through doctrinal and comparative legal analysis. The article argues that the principal challenge lies not in the absence of legal remedies but in the allocation of adjudicatory jurisdiction. Although existing institutions perform legitimate statutory functions, no single forum possesses the institutional capacity to resolve the interconnected legal and technical issues presented by contemporary healthcare disputes. It concludes that a specialized health court represents a constitutionally compatible institutional response to the evolving demands of Indonesia's healthcare governance and access to justice.
Co-Authors Dedy Yudhistira Fachrudin Sembiring Kris Tumbel Nugroho Adipradana