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All Journal International Journal of Sociology and Law International Journal of Society and Law
Ismawan Adrianto
Universitas Pembangunan Panca Budi
Law, Crime, Criminology & Criminal Justice Other

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Legal Protection for Health Workers Working in Remote Areas : Research Study in Kapuas Hulu Regency Ismawan Adrianto; Sumarno Sumarno; T Riza Zarzani
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.187

Abstract

This research examines the implementation of legal protection for healthcare workers serving in remote areas, with a case study in Kapuas Hulu Regency. The main focus of the study is to analyze the effectiveness of existing legal protections and identify factors hindering their implementation. Through a qualitative approach using case study methods, this research reveals a significant gap between existing regulations and practices in the field. The case of Dr. I serves as a concrete example of weak legal protection, ranging from transfers without adequate consideration to eviction from official residences. Identified inhibiting factors include lack of understanding among local officials, weak inter-agency coordination, and discrepancies between central policies and local implementation. This study recommends the need for comprehensive reform in the legal protection system for healthcare workers in remote areas, including capacity building for local officials and strengthening oversight mechanisms.
Legal Protection for Hospitals Against Delay in Payment of Claims by BPJS Ismawan Adrianto; Sumarno
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Health is a human right and one element of prosperity that must be realized in accordance with the ideals of the Indonesian nation. As intended in the 1945 Constitution of the Republic of Indonesia (UUD 1945) contained in Article 28 H paragraph (1) and Article 34 paragraph (2) and to provide comprehensive social security, the state is developing a National Social Security System for all people Indonesia by establishing Law Number 40 of 2004 concerning the National Social Security System (UU SJSN). As a form of implementation of the SJSN Law, the government issued Law Number 24 of 2011 concerning the Social Security Administering Body (UU BPJS) to accelerate the implementation of the national social security system as a whole, including National Health Insurance (JKN) which will be administered by BPJS Health. This research adopts a normative juridical method, which focuses on analysis of statutory regulations, policy documents, and legal literature relevant to legal protection for hospitals against delays in payment of claims by BPJS. This research discusses Late Fines, Supply Chain Financing (SCF), Dispute Resolution, Termination of Claim Payment Agreements by BPJS. Hospitals have an obligation to provide services to BPJS participating patients and BPJS Health's obligation is to pay hospital claims according to the agreement. The delay in payment of claims by BPJS Health will of course affect the hospital's cash flow. One way to protect hospital interests is to provide legal protection against delays in claim payments by BPJS Health. The first legal protection provided is to use a complaint mechanism. Apart from that, more specific legal protection is also regulated, namely the existence of late fines for BPJS Health which refers to Presidential Regulation Number: 82 of 2018 and cooperation agreements, the SCF program to maintain hospital cash flow, dispute resolution carried out by deliberation and termination of the agreement if it is wrong. one party is proven to have defaulted as stipulated in the cooperation agreement.
Co-Authors Sumarno Tengku Riza Zarzani N