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Optimal Design of Social Insurance Frameworks in National Health Insurance Murty, Theta; Sukarmi; Widyanti, Yenny Eta; Dewi, Amelia Sri Kusuma
Indonesia Law Reform Journal Vol. 4 No. 3 (2024): November, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i3.36504

Abstract

The national health insurance program in Indonesia aims to ensure assurance, protection, and welfare for citizens in fulfilling their fundamental health requirements. The social insurance framework employed in the program's execution comprises four principles: the principle of cooperation, the principle of mandatory participation, the principle of income-based contribution determination, and the principle of non-profit orientation. After a decade of the program, numerous issues persist, including incomplete participation, prohibitively high contributions resulting in arrears, and suboptimal program benefits. This study establishes the optimal structure of social insurance systems inside national health insurance. The employed study method is normative, analyzing applicable laws and regulations, supplemented by a legislative and comparative approach to identify the optimal framework for social insurance regulation. By analyzing legal materials using descriptive-analysis, the study's main findings reveal that although JKN has enrolled over 91% of Indonesia’s population, it still faces significant challenges, including delayed premium payments by participants and difficulties in achieving Universal Health Coverage (UHC). Compared to Thailand and Taiwan, JKN has yet to meet the UHC standards recognized by the WHO. The analysis concludes that the four foundational principles of social insurance within the national health insurance framework are insufficient; therefore, an additional four principles are required to ensure certainty, protection, and benefits for program participants, which is essential for the realization of the National Social Security System Law's objectives. The optimal design of a social insurance framework should include the principles of mutual cooperation, mandatory participation, proportional contributions, and non-profit operations. Abstrak Program jaminan kesehatan nasional di Indonesia bertujuan untuk memastikan jaminan, perlindungan, dan kesejahteraan bagi warga negara dalam memenuhi kebutuhan dasar kesehatan mereka. Kerangka kerja asuransi sosial yang digunakan dalam pelaksanaan program ini terdiri dari empat prinsip: prinsip kerja sama, prinsip kepesertaan wajib, prinsip penentuan iuran berdasarkan pendapatan, dan prinsip orientasi nirlaba. Setelah satu dekade program ini berjalan, masih terdapat beberapa permasalahan yang dihadapi, termasuk kepesertaan yang tidak lengkap, iuran yang terlalu tinggi sehingga menimbulkan tunggakan, dan manfaat program yang tidak optimal. Penelitian ini bertujuan untuk menentukan struktur sistem asuransi sosial yang optimal di dalam jaminan kesehatan nasional. Metode penelitian yang digunakan adalah normatif, menganalisis peraturan perundang-undangan yang berlaku, dilengkapi dengan pendekatan legislatif dan komparatif untuk mengidentifikasi kerangka kerja yang optimal untuk regulasi asuransi sosial. Dengan menganalisis bahan hukum menggunakan deskriptif-analisis, temuan utama studi ini mengungkapkan bahwa meskipun JKN telah mencakup lebih dari 91% penduduk Indonesia, JKN masih menghadapi tantangan yang signifikan, termasuk keterlambatan pembayaran premi oleh peserta dan kesulitan dalam mencapai Cakupan Kesehatan Semesta (Universal Health Coverage/UHC). Dibandingkan dengan Thailand dan Taiwan, JKN belum memenuhi standar UHC yang diakui oleh WHO. Analisis ini menyimpulkan bahwa empat prinsip dasar asuransi sosial dalam kerangka jaminan kesehatan nasional tidak cukup; oleh karena itu, diperlukan empat prinsip tambahan untuk memastikan kepastian, perlindungan, dan manfaat bagi peserta program, yang sangat penting untuk merealisasikan tujuan UU SJSN. Desain optimal dari kerangka kerja asuransi sosial harus mencakup prinsip-prinsip gotong royong, partisipasi wajib, iuran proporsional, dan operasi nirlaba.
Motion Sickness: Holding the Acupressure Point of Village-Owned Business Entities on the Wheel of “Good Corporate Governance” Dewi, Amelia Sri Kusuma; prasetyo, Ngesti Dwi; Rifan, Mohamad; Habsari, Hanugrah Titi
Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.01.03

Abstract

The transcription of Good Corporate Governance (GCG) scenarios in various state regulations basically attempts to build plots to move various economic resources from an area with low productivity to an area with higher productivity with greater results. However, this condition is different when the Indonesian Government wants Village-Owned Enterprises (BUMDes) which normatively and culturally are not designed for entrepreneurship like BUMD/BUMN. The consequence of this desire is that in its implementation BUMDes tends to be neglected and not bound by the principles of Good Corporate Governance (GCG). Through juridical-normative research methods and 3 (three) legal approaches, this research focuses on "Motion Sickness" towards BUMDes resulting from their placement in the "return on investment" space without Good Corporate Governance (GCG). The results of this research show that when analogous to a vehicle, BUMDes experience Motion Sickness or nausea due to: First, the psychological burden on the apparatus in the Village Government; Second, the Good Corporate Governance (GCG) Design is not in accordance with the BUMDes Design. Hence, the acupressure points that need to be pressed in dealing with BUMDes problems include: legal revitalization in the Village Law, overcoming work culture (such as fraud and insider transactions), sterilization of political elements (separating the interests of village officials from interests of Business Entities), and expansion of the business environment. So that in the future Corporate Governance and Corporate Management in BUMDes can be realized through the commitment of stakeholders such as: Capital Owners/GMS, Board of Supervisory/Commissioners, and Board of Directors.
Sworn Sign Language Interpreters Provision for Deaf People Appearing before Notary Based on Justice Principle Kurniawan, Elvaretha Natalia; Dewi, Amelia Sri Kusuma; Susilo, Hariyanto
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.738

Abstract

This study is motivated by the incompleteness of law in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. The aims of this study are to (1) Identify the laws and regulations in Indonesia regarding the fulfillment of the rights of deaf people who appear before a notary who fulfill the principles of justice and (2) Analyze the regulatory concept regarding the provision of sworn sign language interpreters for deaf people who appear before a notary who fulfill the principles of justice. This study used normative juridical methods through a statutory approach and a conceptual approach. Moreover, legal materials were analyzed through grammatical and systematic interpretation analysis methods. The results of this study show that the Law on Notary Positions and its Amendments does not regulate the provision of sworn sign language interpreters for deaf people who appear before a notary to conduct legal actions in an authentic deed. In addition, it does not regulate the mechanism for a notary's obligation to read an authentic deed in front of interested parties so that a sworn sign language interpreter is required in the process of signing the deed in order to verifying the deed in order to create balanced justice in Law on Notary Position and its Amendments.
Analysis of Legal Certainty in Determining the Position, Duties, and Responsibilities of Temporary Notary Officials Kurniawan, Steven; Dewi, Amelia Sri Kusuma; Wisnuwardhani, Diah Aju
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v4i2.311

Abstract

The position of a Notary is a crucial part of the Indonesian state that adheres to the principles of a legal state. The Notary is the only public official authorized to create authentic deeds. An authentic deed is a document whose form is determined by the law or is created by or in the presence of a public official authorized for that purpose. This means that an authentic deed has a form stipulated by the law and is created by a public official designated by the law. In the course of performing their duties, notaries may sometimes be unable to fulfill their responsibilities due to reasons such as leave, illness, temporary impediment, or death. Therefore, to continue providing services and being accountable to the public, the position of Temporary Notary Official is established. The procedure for a Temporary Notary Official to perform the duties of a temporarily dismissed notary is explained in Article 80 of the UUJN: "(1) While the Notary is temporarily dismissed from his position, the Central Supervisory Board proposes a Temporary Notary Official to the Minister. (2) The Minister appoints a Notary who will receive the Notary Protocol from the temporarily dismissed Notary." Referring to Article 80 of the UUJN, it can be interpreted that if a notary is temporarily dismissed, the Regional Supervisory Board proposes a Temporary Notary Official to carry out the duties of the temporarily dismissed notary. However, with the development of the law, in 2014, Law Number 30 of 2014 or the UUJN Amendment was enacted, amending the previous UUJN which stated, "Temporary Notary Official is a person who temporarily serves as a Notary to carry out the duties of a Notary who has died." This change was made to ensure legal certainty, order, and protection and also because the UUJN was no longer in line with legal developments and the needs of society. However, the change in the definition was not accompanied by a change in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed. This leads to inconsistency in the law, as in the UUJN Amendment, the Temporary Notary Official is specifically designated to perform the duties of a deceased notary, but the regulation in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed from his position, remains unchanged
Legal Foundation for the Establishment of General Procurement Guidelines for Goods and/or Services in Regional Government-Owned Enterprises (BUMD) to Realize Legal Certainty Lestari, Anjas Mega; Santoso, Budi; Dewi, Amelia Sri Kusuma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6561

Abstract

Regional Government-Owned Enterprises (BUMD) are established not only to develop regional economies but are also expected to meet community needs by providing goods or services according to the needs and characteristics of the respective regions while considering the potential of the region itself. To fulfill these objectives, BUMD are managed based on good corporate governance principles, and in running their business and supporting operations, they cannot be separated from activities to procure goods and services. This research is compiled to analyze the legal foundation for establishing general procurement guidelines for goods and/or services in BUMD to realize legal certainty. This research concludes that the regulation of general procurement guidelines for goods/services in BUMD is urgently needed. The need for such regulation is based on philosophical, juridical, sociological, political, ecological, economic, and cultural arguments, so that with the existence of guidelines from the central government, it is expected that the implementation of procurement of goods and services in BUMD can be realized in accordance with the purpose of its establishment and to end regulatory disharmony at the regional level so that legal certainty can be achieved.
Prioritas Terbatas bagi Tagihan Pemulihan Lingkungan atas Aset Tercemar dalam Kepailitan Indonesia Permadi, Muhammad Rafi; Dewantara, Reka; Dewi, Amelia Sri Kusuma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 2 (2026): Vol. 25 No. 2 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i2.8337

Abstract

Environmental remediation claims rank as unsecured (concurrent) claims in Indonesian bankruptcy law, so the burden of remediation shifts to the state precisely when the polluter is least able to pay. The bankruptcy of PT Ricky Kurniawan Kertapersada illustrates this failure: a final and binding judgment of IDR 191,803,261,700, including IDR 147.058 billion in environmental restoration costs, confronted an estate distribution that offers no normative basis for giving it precedence. This article formulates a priority model that effectively secures remediation funding while remaining proportionate to other creditors, and is therefore viable in legislative politics. The study employs normative legal research with a prescriptive orientation and a functional comparison with the United States, Canada, and Sweden, followed by norm drafting and a four-stage proportionality test. The main finding is that no single instrument suffices. An effective system combines obligations that remain alive during bankruptcy proceedings, a priority limited to the affected assets, and ex ante financial assurance segregated from the estate. On that basis, the article proposes a four-tier priority model, namely environmental bankruptcy costs, a special privilege over affected assets, a general privilege over the residual claim, and ex ante safeguards, which passes the proportionality test because its impact on secured creditors is confined to assets whose risks they themselves failed to price. The article contributes concrete draft provisions for amending the Bankruptcy and Suspension of Debt Payment Obligations Law, together with a harmonisation map.