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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pembaharuan Hukum Unram Law Review Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Review Pendidikan dan Pengajaran (JRPP) JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal Cahaya Mandalika Jurnal Kesehatan Tambusai Jurnal Ilmiah Wahana Pendidikan GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Jurnal Indonesia Sosial Teknologi Innovative: Journal Of Social Science Research Research Horizon Law and Justice Journal Delik Adpertisi
Arman Lany, Arman
Unknown Affiliation
Religion Arts Humanities Computer Science & IT Dentistry Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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National Health Insurance Policy from the Perspective of Health Law and Human Rights Protection Yulistiawati, Novitri; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.891

Abstract

Indonesia’s national health insurance promises universal coverage, but its package-based tariffs and restricted drug list create tension with patient autonomy when individuals seek clinically superior treatments outside the formulary, generating a legal dilemma between patient rights and administrative limitations. This study aims to analyse the hierarchical position of these conflicting norms and determine the conditions under which voluntary cost-sharing is legally permissible. Using a normative juridical approach with statute and conceptual methods, the research examines the relationship between the Health Law and various implementing regulations on health insurance. The findings reveal that patient rights to complete information and autonomous decision-making hold superior legal status over financing limitations. Voluntary cost-sharing is lawful when based on transparent informed consent and separate written agreements that clearly distinguish guaranteed services from additional components chosen by patients. The study concludes that current restrictions represent limits on state subsidies rather than limits on clinical quality or patient freedom. Immediate revision of implementing regulations is recommended to explicitly recognise voluntary top-up mechanisms, accompanied by standardised transparency procedures in all health facilities to ensure legal certainty and protection for both patients and healthcare providers.
The Legal Certainty of Medical Malpractice in Relation to Working Hour Violations Ikhsan, M.; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.895

Abstract

The medical profession faces significant legal risks related to malpractice allegations, partly driven by physician fatigue resulting from excessive working hours. In Indonesia, the absence of specific regulations on maximum working hours for physicians creates legal uncertainty and tends to place full responsibility on individual practitioners. This study aims to analyze the legal certainty afforded to doctors in malpractice cases associated with work-related fatigue and violations of working hour standards based on prevailing laws and regulations. Using a normative juridical method with a literature study approach, the research examines secondary data consisting of primary legal materials, including the 1945 Constitution, Law Number 6 of 2023 on Job Creation, and Law Number 17 of 2023 on Health, along with secondary legal materials analyzed qualitatively. The findings show that although no explicit working hour regulations for physicians exist, legal protection can still be grounded in current laws. The Manpower Law provides standard working hour guidelines, while the Health Law obliges healthcare facilities to ensure the safety and well-being of medical personnel. Therefore, legal responsibility for malpractice caused by fatigue due to excessive work systems should not rest solely on individual physicians but may also be attributed to healthcare institutions as employers.
Legal Protection of Personal Data in the Exchange of Electronic Medical Record in Healthcare Services Takaryanto, Davin; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.897

Abstract

Digital transformation in Indonesia’s health sector has fundamentally changed the way patient information is collected, stored, and managed through Electronic Medical Records (EMR). This study aims to (1) map the active legal basis governing the confidentiality of EMRs in Indonesia; (2) identify normative and practical gaps in its implementation; (3) propose auditable technical and governance standards for healthcare facilities and system providers; and (4) outline procedural and judicial mechanisms for resolving health data breach disputes. Using a normative legal approach, this study analyzes the constitutional, legislative, and regulatory legal framework, such as Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 1 of 2024 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019, and Minister of Health Regulation Number 24 of 2022. The results of the study show overlapping authorities, weak institutional coordination, and the absence of procedural standards related to the verification of RME in court. The study’s findings reveal that EMR confidentiality protection in Indonesia is weak not due to a lack of legal regulations, but due to inadequate technical readiness and governance for its implementation.
A Judicial Analysis of the Need for Medical Dispute Court in Resolving Health Disputes Ramadhanti, Dita Annisa; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.898

Abstract

Medical disputes in Indonesia are handled through fragmented mechanisms such as disciplinary bodies, mediation, and general courts, resulting in overlapping authority, lengthy procedures, and legal uncertainty due to the absence of a specialized forum with integrated legal and medical expertise. This study aims to analyze the legal basis and urgency of establishing a Medical Dispute Court following the enactment of the Health Law of 2023. Using a normative juridical method with statutory, conceptual, and case approaches, this research examines relevant constitutional provisions and the new health legislation. The findings reveal that the establishment of a Medical Dispute Court has a strong foundation in the 1945 Constitution and the Health Law of 2023, and is urgently needed to ensure legal certainty, substantive justice, and balanced protection of rights.  These findings imply that the establishment of a specialized Medical Dispute Court is a strategic policy instrument to integrate fragmented dispute resolution mechanisms, enhance legal certainty, and ensure balanced legal protection for patients and medical professionals within Indonesia’s health law system.
Co-Authors Anailyka, Putrinda Wisty Angkasa Ramatuan Hamdan Atmaja, Deni Bihar, Syamsul Bomba, Ignasius Yulianus Jagkson Brilliant, Yusuf Ciptawan, Beni Davin Takaryanto Dede Hermawan Dwitamma, M. Adib Erna Ambarwati Fahrudin, Aziz Farhan, M.Ibnu Fauzi Rahman Gladys Haryanto Hikmah, Wilma Nurul Hutagaol, Roy Richardo Jayanti, Yeni Eka Jie, Elvin Shon Kusrini, Nita Laras Budiyani, Laras Lorentzon, Elmend M. Ikhsan Manueke, Sherwin F. Marpaung, Yohan Edward Marseda, Achmad Trisana Novita, Novita Anggraini Nugroho, Enggar Adi Pantja P, Emilia Saminoe Prastyo, Anggodo Rahayu Prayuti, Yuyut Puspitasari, Ammi Amanda Putra, Muhammad Adib Dwitamma Putri, Junia Putri, Radhita Sylvia Rahmawesih, Rahmawesih Ramadhanti, Dita Annisa Rosidah, Erni Sadroi, Ado Santi Widiasari Santika, Made Sari, Novia Eka Satyaningrum, Diah Silitonga, Lamria Srigantiny, Fivit Sujana, I Kadek Eka Sujati, Ananda Takaryanto, Davin Triyana, Yudhan Waworuntu, Aprisia N. Widya Widya, Widya Wuri Safitri, Pradita Yudiman, Twody Yulistiawati, Novitri Yusufa, Joni Yuyut, Prayuti