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Kekuatan Mengikat Who Patient Safety Rights Charter sebagai Instrumen Soft Law dalam Sistem Hukum Indonesia Mohamad Ihsan Ramdani; Neni Ruhaeni; Ratna Sri Suminar
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 1 (2026): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i1.1500

Abstract

This study examines the binding force of the WHO Patient Safety Rights Charter (2024) as a soft law instrument within the Indonesian legal system and evaluates the potential application of its principles in the formulation of national health policies. The research employs a normative juridical method with descriptive, analytical, and comparative approaches toward international norms, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Global Patient Safety Action Plan (2021–2030), as well as relevant national regulations. The findings indicate that although the WHO Charter is not legally binding, it possesses substantial normative and moral authority derived from the ethical legitimacy of the World Health Organization and its alignment with the principles of the right to health. In Indonesia, several principles of the Charter have been partially reflected in Law No. 17 of 2023 on Health; however, normative gaps remain, particularly regarding patients’ participatory rights and medical justice. Soft law acquires its normative strength through moral legitimacy, broad acceptance, and integration into domestic policy frameworks. The study concludes that strengthening legal protection for patient safety in Indonesia requires the explicit incorporation of the WHO Charter’s principles into implementing regulations, thereby fostering a health law system that is equitable, accountable, and grounded in human rights.
Reformulation of the Law on Pharmacy Practices on Drug Dispensing by Independent Doctors' Practices, Reviewed from Their Purposes, Effectiveness and Legal Harmonization Adib Gunawan; Nandang Sambas; Sri Ratna Suminar
INFLUENCE: INTERNATIONAL JOURNAL OF SCIENCE REVIEW Vol. 8 No. 1 (2026): INFLUENCE: International Journal of Science Review
Publisher : Global Writing Academica Researching and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/influencejournal.v8i1.327

Abstract

The purpose of this study is to analyze pharmaceutical practice regulations on drug dispensing by independent practicing physicians and reformulate pharmaceutical practice regulations on drug dispensing by independent practicing physicians in terms of legal benefits. This study uses a normative juridical method with a statutory approach. Data were obtained through literature and empirical studies, analyzed qualitatively descriptively. The results showed that 390 doctors in Bandung City performed drug dispensing. Research in Denpasar City and Bandar Lampung also showed a relatively high rate of drug dispensing by independent practicing physicians. The reason for doctors dispensing is to make it easier for patients, the local government through DPMPTSP which is mandated by law to issue practice permits for health workers, does not allow pharmacists to create SIPs in independent medical practices, but on the other hand, as per Law No. 17 of 2023, BPJS Regulation No. Law No. 1 of 2014 also categorizes independent physician practices as health facilities, where capitation funds include medication costs. The physician discovered/alleged that a non-pharmacist pharmacy was providing non-prescription medications that should have been prescribed. Pharmacists should be permitted to create a SIP for independent physician practices. Regional regulations (through the DPMPTSP) that prohibit pharmacists from creating SIPs for independent physician practices should be reformulated to allow them.
Conflict of Norms on the Implementation of Personal Data Protection in Insurance Companies in Indonesia Lukman Ilman Nurhakim; Neni Sri Imaniyati; Sri Ratna Suminar
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 9 No. 1 (2026): ENDLESS: International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/endlessjournal.v9i1.369

Abstract

This study examines the harmonization of personal data protection regulations within Indonesia’s insurance sector following the enactment of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). Since its promulgation on 17 October 2022, the PDP Law has established a comprehensive normative framework governing the processing and protection of personal data. Its alignment with sectoral regulations becomes imperative, particularly in light of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law). Article 3 paragraph (2) letter (i) of the PPSK Law explicitly affirms the objective of strengthening the protection of customers’ personal data in the financial services sector, while Article 240 paragraph (1) requires financial sector business actors, including insurance companies, to comply with prevailing personal data protection laws and regulations as well as supervisory provisions issued by the Financial Services Authority. However, in practice, the PDP Law currently fulfills primarily the element of legal substance within the legal system. The structural and legal culture components remain incomplete, as the Law mandates the issuance of ten Government Regulations and one Presidential Regulation to operationalize its provisions. The absence of these implementing instruments creates normative fragmentation and limits effective enforcement within the insurance industry. Consequently, the PDP Law predominantly reflects a preventive model of legal protection, as conceptualized by Hadjon, emphasizing anticipatory safeguards and compliance mechanisms rather than repressive enforcement. This condition highlights the urgency of regulatory harmonization and institutional strengthening to ensure coherent and effective personal data protection governance in Indonesia’s insurance sector.