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Devi Dharmawan
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Kepastian Hukum Pelayanan Kesehatan Akupunktur Dalam Program Jaminan Kesehatan Nasional Ivonne Jonathan; Devi Dharmawan
Interest : Jurnal Ilmu Kesehatan Vol 8 No 1 (2019): INTEREST : JURNAL ILMU KESEHATAN
Publisher : Poltekkes Kemenkes Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37341/interest.v8i1.111

Abstract

Background: Acupuncture is a type of advanced health service which is covered by PT. Askes. Since BPJS Kesehatan applied, acupuncture is not covered by National Health Insurance (JKN) program. BPJS Kesehatan refers to Clause 25 verse (1) letter K of Presidential Regulation No.19 of 2016 concerning Second Amendment of Presidential Regulation No.12 of 2013 concerning Health Insurance. The provisions of the Minister of Health Regulation No.28 of 2014 concerning Guidelines for Implementing National Health Insurance are different from Presidential Regulations on Health Insurance which states that medical acupuncture is covered by JKN. BPJS Kesehatan uses lex superior derogate legi inferior, therefore it does not cover acupuncture in the implementation of the JKN program. This study was a normative study with a statute approach and a conceptual approach. Method: The study showed that the issue of Law No.36 of 2014 concerning Health Practitioner gives legitimacy to acupuncture in Indonesia. The Law of Health Practitioner categorizes acupuncture into physical therapy and separates it from traditional medicine. Results: The provisions in implementing regulations of BPJS Law have not referred to the position of acupuncture in Indonesia and still categorize acupuncture as complementary, alternative and traditional medicines. The settlement of acupuncture regulations disharmony in the JKN program using lex superior principle has not been sufficient because it has not been able to provide legal certainty and legal protection. Conclusion: Regulatory reformation of acupuncture in Indonesia is urgently required, especially in the JKN program, so the implementation of the legal position of acupuncture that is guided by the Law of Health Practitioner can be implemented effectively and efficiently.
Pertanggungjawaban Hukum Praktik Tukang Gigi Yang Melebihi Wewenangnya Devi Dharmawan; Ivonne Jonathan
Interest : Jurnal Ilmu Kesehatan Vol 8 No 1 (2019): INTEREST : JURNAL ILMU KESEHATAN
Publisher : Poltekkes Kemenkes Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37341/interest.v8i1.127

Abstract

Background: The public's lack of understanding of the different professions of dental artisans, dental technicians, and dentists has an impact on the practice that exceeds the authority carried out for years without any legal consequences borne by dental artisans. Although the regulations concerning work that can be done by dental artisans have been clearly explained in Permenkes No. 39 of 2014 this is still violated by dental artisans. In this case, the people are victims because of ignorance and high local wisdom in certain areas. Method: This study uses a type of normative juridical legal research. Normative legal research is research that focuses its study by viewing the law as a whole system rule which includes a set of principles, norms, and rules of law, both written and unwritten. Results: Giving the right to claim compensation to the patient is an effort to provide protection for each patient for a result that arises both physically and non-physically due to a mistake or negligence by health personnel. Conclusion: Dental workers can be charged with the Criminal Code article 359, 360, 361, namely whoever is due to his mistake (negligence) causes other people to be injured, severely disabled, or even die. In addition, the Consumer Protection Act No.8 of 1999 Article 4 of the Consumer Protection Law has the right to comfort, security and safety in consuming goods and/or services that can be used.
Co-Authors Ivonne Jonathan