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All Journal Senarai Kesmas Unefa DE LEGA LATA: Jurnal Ilmu Hukum JOURNAL OF SCIENCE AND SOCIAL RESEARCH Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF JURNAL PENELITIAN KESMASY COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Abdimas Hawari Asian Journal of Healthcare Analytics JUDGE: Jurnal Hukum Acta Law Journal LAWPASS Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik International Journal of Law and Society Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Mahkamah: Jurnal Riset Ilmu Hukum Journal of International Islamic Law, Human Right and Public Policy International Journal of Society and Law Perspektif Administrasi Publik dan hukum Jurnal Hukum Ekualitas
Marice Simarmata
Unknown Affiliation
Religion Arts Humanities Automotive Engineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary Other

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Legal Aspects of Digital Proof in Medical Criminal Cases in Healthcare Services in Hospitals Kembaren, Novalina Br; Simarmata, Marice; Zarzani, Riza
Asian Journal of Healthcare Analytics Vol. 4 No. 1 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ajha.v4i1.14460

Abstract

The legal force of electronic evidence in criminal proof in Indonesia, recognized through the ITE Law but creating interpretive challenges due to disharmony with the KUHAP. Although the UU ITE expands the definition of evidence, authentication and collection validity requirements are not yet unified. The Constitutional Court decision and the amendment to the ITE Law provide clarification, particularly regarding wiretapping. In the context of medical criminal cases in hospitals, electronic medical records (EMR) are important but are hampered by the limitations of the KUHAP. Legal uncertainty regarding the submission, verification, and assessment of electronic evidence in medical criminal cases highlights the urgency of revising the KUHAP to comprehensively accommodate electronic evidence for the sake of legal certainty and justice.
Perencanaan Pembiayaan Kesehatan di Rumah Sakit Riska Febria Afrila; Marice Simarmata
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 3 (2025): Agustus : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i3.951

Abstract

Financing in the health sector plays an important role in ensuring the sustainability of hospital operations and the provision of quality health services. Structured and efficient financing planning contributes greatly to improving the health of the community. However, in practice, it is not uncommon to find problems due to weak financial planning, such as budget limitations that have an impact on the low quality of health services and waste due to inappropriate spending. To overcome these problems, strategic steps are needed, including through increasing funding, more accountable management and allocation of funds, and controlling service costs. Thus, the issue of health financing has a significant influence on the quality of public health and is an important part of the development of the national health system.
Perjanjian Kerjasama Pembiayaan Kesehatan Masyarakat sebagai Landasan Sistem Kesehatan Nasional Lenny Lenny; Marice Simarmata
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 3 (2025): Agustus : Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v2i3.952

Abstract

A cooperation agreement is a legal instrument that underlies the regulation of rights, obligations, and responsibilities between the parties involved in a collaboration. In the context of public health financing, this agreement aims to ensure access to adequate health services, especially for disadvantaged groups. Along with the reform of the health sistem in Indonesia in recent years, the government has sought to improve accessibility and quality of services through the transformation of the health financing sistem. The National Health Sistem (SKN) as the main framework is organized to ensure equitable health services. One of the crucial components in the SKN is health financing which is realized through the National Health Insurance (JKN). Legal provisions regarding the form and mechanism of this collaboration have been regulated in Law Number 17 of 2023, specifically Article 4 paragraphs (1) and (2), which emphasize that collaboration between BPJS and central and regional government institutions is carried out through a written agreement, which can be in the form of a memorandum of understanding, operational cooperation, functional cooperation, or other forms mutually agreed upon.
LEGAL IMPLICATIONS OF LIMITATIONS OF HEALTH FINANCING IN ENSURING ACCESS TO BASIC HEALTH SERVICES Erdi Effendi Nasution; Marice Simarmata
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.141

Abstract

This research examines the legal implications of limited health financing in ensuring access to basic health services in Indonesia. It analyzes the legal provisions governing health financing and explores the challenges posed by limited funding in realizing the constitutional right to health for all citizens. The study reviews relevant legislation, including the Constitution, Human Rights Law, and the Health Law, alongside various health insurance schemes. The findings highlight the state's responsibility to provide equitable and just health services, while also addressing the obstacles to fulfilling these rights due to financial constraints. The research concludes with recommendations for strengthening health financing policies, improving governance, and ensuring equitable resource allocation to achieve universal health coverage and protect vulnerable populations.
Application of Health Law in Narcotics Rehabilitation Programs by Reporting Recipient Institutions Indra Kurniyawan; Marice Simarmata; T Riza Zarzani N
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Abusers and victims of narcotics abuse have the right to receive rehabilitation in accordance with applicable regulations. The application of health law in narcotics rehabilitation programs by Mandatory Reporting Institutions (IPWL) is a very important effort in helping abusers and victims of narcotics abuse. The program focuses not only on physical recovery from medical problems, but also on mental and social recovery. IPWLs appointed by the government must carry out rehabilitation programs for abusers and victims of narcotics abuse in accordance with the standards that have been set. The goal is to restore the condition of abusers and victims of narcotics abuse so that they can integrate themselves back into society and function socially. The standard of rehabilitation services set by the government covers various aspects such as methods, duration, facilities, and costs, this aims to ensure that each individual receives treatment that suits his or her needs. The legal framework underlying this program is Law No. 35 of 2009 concerning Narcotics and Permenkes No. 17 of 2023 concerning Amendments to Permenkes No. 4 of 2020 concerning the Implementation of IPWL. Minister of Health Regulation No. 17 of 2023 which requires medical and social rehabilitation for abusers and victims of narcotics abuse. Through a normative juridical approach, this study highlights various problems regarding the application of health law for abusers and victims of narcotics abuse, therapy for appropriate treatment, and understanding the financing mechanism of accepted therapies. The results of this study are expected to be able to provide an analysis of the effectiveness of the implementation of health law, as well as identify appropriate therapies in the rehabilitation of drug abusers and victims of drug abuse and understand the mechanism in financing it.
ANALYSIS OF THE EFFECTIVENESS OF NATIONAL HEALTH INSURANCE (JKN) FINANCING ON THE QUALITY OF SERVICES IN FIRST-LEVEL HEALTH FACILITIES FROM THE PERSPECTIVE OF HEALTH LAW Hempi Wanty Saragih; Marice Simarmata
International Journal of Society and Law Vol. 3 No. 2 (2025): Agust 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The National Health Insurance (JKN) has been the main pillar in the implementation of the health system in Indonesia since its launch in 2014. With a financing scheme based on the principles of social solidarity and equity, JKN aims to improve the accessibility and quality of health services for the entire community. The First Level Health Facility (FKTP) as the front line of health services is expected to be able to provide quality services through a capitation financing mechanism. However, the effectiveness of this financing in improving the quality of services is still a debate in various circles, including in the aspect of health law that regulates the right to quality services. This study aims to analyze the effectiveness of JKN financing on the quality of services in FKTP with a health law approach as an analytical framework. This study uses a juridical-empirical method with data collection techniques in the form of surveys to patients, interviews with health workers, and analysis of related regulatory documents, such as Law Number 17 of 2023 concerning Health and Presidential Regulation Number 82 of 2018 concerning Health Insurance. Evaluation is carried out on the dimensions of service quality, including effectiveness, efficiency, accessibility, and patient safety, as well as conformity with health law principles such as fairness and non-discrimination. The results of the study show that the effectiveness of JKN financing in FKTP is still not optimal. The limited amount of capitation has an impact on low incentives for health workers and limited service facilities and infrastructure. As a result, some dimensions of service quality have not been fully met, such as long service waiting times and limitations in service types. From a health law perspective, this condition has the potential to violate patients' rights to quality and equal health services as mandated by law. These findings indicate the need to reformulate the JKN financing policy, especially in adjusting the capitation value based on service needs and workload in FKTP. In addition, strengthening regulations and supervision from related parties is very important to ensure that the principles of health law are implemented effectively. Thus, the quality of health services at FKTP can be improved in line with JKN's main goal in providing quality and fair health services for all levels of society. Based on the results of this study, it is suggested that the government conduct a thorough evaluation of the JKN financing scheme, strengthen supervision of FKTP, and integrate health law approaches in every health service policy. The application of the principles of health law will not only strengthen the rights of patients but also encourage the continuous improvement of the quality of services in first-tier health facilities.
Digitalisasi Literasi dan Penerimaan Digitalisasi dalam Pelayanan Kesehatan Sulyaprilawati Battri Siahaan; Marice Simarmata
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.806

Abstract

The digital transformation of healthcare services in rural areas necessitates the equitable enhancement of digital literacy among village officials and healthcare workers. This study was conducted in Dayeuhkolot Village, Subang Regency, using a quantitative approach and a comparative experimental design to evaluate the effectiveness of traditional lecture-based training versus hands-on computer tutorial training. A total of 24 purposively selected participants, consisting of village officials and community service agents, were involved. The results indicate that hands-on training is significantly more effective in improving digital understanding and skills, as reflected in higher post-test scores and a narrower range of participant results. Age and educational background were found to be pivotal in shaping digital readiness, with younger and more educated individuals adapting more swiftly to new technologies. These findings underscore the necessity for adaptive and inclusive digital training as a foundational element for the digital transformation of healthcare services in rural communities.
Digitalisasi Layanan Kesehatan: Tantangan Etika dan Keamanan Data Pasien Pirma Ivan Ricky Manurung; Marice Simarmata
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 2 (2025): Juni : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i2.811

Abstract

The digitalization of healthcare services has emerged as a pivotal catalyst in modernizing Indonesia’s health system, delivering enhanced efficiency, accessibility, and integrated service quality. This study employs a qualitative literature review approach to explore the implementation of digital transformation strategies in hospitals, with a particular emphasis on ethical challenges and patient data security. The findings reveal that the adoption of technologies such as artificial intelligence, Internet of Things, and telemedicine accelerates service delivery and broadens medical outreach, especially in remote areas. Nevertheless, critical issues arise concerning the vulnerability of health data to breaches, misuse, and cyber threats, exacerbated by uneven digital infrastructure and limited technological literacy among healthcare professionals. Proposed strategies include strengthening data protection regulations, improving human resource capacity, and fostering cross-sectoral collaboration to establish a secure and ethical digital healthcare ecosystem. Through comprehensive management of these challenges, healthcare digitalization is expected to expedite the achievement of SDG 3 and bolster public trust in the national health system.
LEGAL ANALYSIS OF THE ROLE OF BPJS KESEHATAN IN THE DISPUTE OVER THE FINANCING OF MEDICAL SERVICES IN HOSPITALS Zainuddin; Marice Simarmata
International Journal of Society and Law Vol. 3 No. 2 (2025): Agust 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The financing system for medical services in Indonesia, which is managed by the Social Security Administration Agency (BPJS) Kesehatan, is one of the important aspects in ensuring access to health for the community. However, the practice of financing often causes disputes between BPJS and hospitals regarding claims for medical service costs that are considered inappropriate. This dispute raises legal and administrative problems that have the potential to disrupt the smooth running of health services and patient rights. Therefore, an in-depth analysis of the legal role of BPJS Kesehatan in resolving the financing dispute is needed. This research aims to examine the legal role of BPJS Kesehatan in handling medical service financing disputes in hospitals and identify legal obstacles that arise in the dispute resolution process. In addition, this research also aims to provide recommendations for improving regulations and dispute resolution procedures to be more effective, fair, and transparent. The research method used is a normative qualitative approach with data collection techniques through the study of laws and regulations documents, cooperation contracts between BPJS and hospitals, as well as interviews with related parties such as BPJS managers, hospital management, and health law experts. The data were analyzed using normative and sociological juridical methods to obtain a comprehensive picture of legal aspects and their implementation. The results of the study revealed that BPJS's legal role in medical service financing disputes is still experiencing obstacles, especially due to the lack of detailed technical rules regarding claim procedures and dispute resolution mechanisms. This lack of clarity triggers tension between BPJS and hospitals, as well as has a negative impact on medical services. Therefore, strengthening regulations, transparency of claims procedures, and increasing the capacity of human resources in legal aspects are very necessary to optimize the function of BPJS in resolving financing disputes. The conclusion of the study states that the legal role of BPJS Kesehatan in medical service financing disputes needs to be improved through regulatory revision and the implementation of a more effective and accountable settlement mechanism. Recommendations were given for BPJS and hospitals to strengthen coordination and communication, as well as build a responsive dispute resolution system to maintain the quality of health services and public trust.
Analysis of Hospital Legal Responsibility in Cases of Refusal of Emergency Patients Based On Law No. 17 of 2023 Concerning Health Naurah, Gladdays; Simarmata, Marice; Risdawati, Irsyam; Sumarno, Sumarno; Zarzani, Tengku Riza
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1350

Abstract

Emergency services are stipulated in Law No. 17 of 2023 concerning Health, which stipulates that hospitals may not reject emergency patients for any reason. However, there are still cases of rejection of emergency patients that result in legal consequences for hospitals and health workers. This study aims to analyze the responsibility of hospitals in handling emergency patients based on applicable regulations reviewed from civil, criminal, and administrative law for cases of patient rejection. This study uses a normative juridical method with a statutory approach and relevant concrete cases. The analysis was carried out by referring to the provisions of Law No. 17 of 2023 concerning Health, the Regulation of the Minister of Health, and the Supreme Court Decision Number 68/G/TF/2019/PTUN-SRG and the case of patient rejection at Hermina Hospital Malang on March 11, 2024. The results of the study indicate that patient rejection by hospitals can result in serious legal consequences, including civil lawsuits, criminal sanctions, and administrative sanctions for the responsible parties. Based on these findings, it is necessary to strengthen the monitoring system, increase awareness of health workers, and comply with standard operating procedures to ensure that emergency services run optimally and in accordance with legal provisions.
Co-Authors Annisa Dea Asmarida, Rita Baginda Zulfikar Chastry Meher Dalimunthe, Wirandi Desti Emiliani Erdi Effendi Nasution Febri Juhamsyah Fibrini, Dewi Fitri Fatimah, Fitri Hempi Wanty Saragih Hilbertus Sumplisius M. Wau Indra Kurniyawan Irsyam Risdawati Ismaidar I, Ismaidar Iwan Rohman Harahap Iyo Iko Rasaki Kembaren, Novalina Br Kurniyawan, Indra Lenny Lenny Meri Ulfa Muhammad Donni Lesmana Siahaan Muhammad Juang Rambe Mz, Putro Sucy Rezky Naurah, Gladdays Nuraini Kemalasari Istiqamah Pirma Ivan Ricky Manurung Rayga Rayyan Ridha, Phonna Riend Afrianita Risdawati, Irsyam Riska Febria Afrila Sidi Jambak, Redyanto Sidi, Redyanto Siti Aminah Hasibuan Sulyaprilawati Battri Siahaan Sumarno . Suryati, Dewi T Riza Zarzani N T. Keizerina Devi Azwar Tengku Riza Zarzani N Ulfany, Riri Yasmirah Mandasari Saragih Zainuddin Zarzani, Riza Zarzani, Tengku Riza