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Pertanggungjawaban Badan Penyelenggara Jaminan Sosial Terkait Penurunan Kelas Pelayanan Kesehatan Lieke Lontoh, Rietha; Benedicta Tambajong, Helena
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1634

Abstract

Insurance is a form of transferring personal risk into shared risk. Likewise, what happened with health insurance in Indonesia which was formed based on Law Number 24 of 2011 concerning Social Security Administering Bodies. The fact is that in implementing this Law there are still many complaints from people using government insurance regarding health services both in hospitals and health services. others are not optimal. The community as participants in the Social Security Administering Agency for Health who are also consumers whose rights are not fulfilled feel that they are served in a discriminatory manner by hospitals and family doctors, of course for various reasons given. The aim of this research is to find out to what extent BPJS is responsible for reducing the class category of BPJS participants based on the premiums that have been paid. The research method used is normative juridical research which refers to library research through data collection and then data analysis and drawing conclusions based on deductive thinking methods. The place of research is not research because the nature of the research is library research. The research results show that consumers in health services often receive unfair treatment, namely not in accordance with the rights they should receive. Even though patients as consumers have the right to receive compensation, compensation and/or reimbursement for the difference in the value of contributions paid. This is clearly regulated in Law Number 8 of 1999 concerning Consumer Protection Article 4 Paragraph (8) that "Consumers have the right to receive compensation, compensation and/or replacement if the services received are not in accordance with the agreement or are not as they should be.”
Akibat Hukum Pelaksanaan Wasiat yang Tidak Memenuhi Bagian Mutlak Ahli Waris Tambajong, Helena Benedicta; Lieke Lontoh, Rietha; Mangundap, Annita T.S.F.
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

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

Abstract

Inheritance granting that violates the restrictions and conditions as well as the legitimate portie of the legitimate heirs can cause problems. To overcome this, it is necessary to study how the regulations of inheritance work with the provisions of the applicable Law, in this case the Civil Law, so that it does not prejudice the rights of others; what is the legal power of a testament; as well as the legal consequences of ittowards the legitimate heirs according to the Civil Code. The research method used was normative juridical research which refers to collecting data through library research then the data was analyzed resulting in conclusions based on deductive thinking method. The resultsindicated that inheritance in the Civil Law is regulated in Book II. The legal power of testaments is stated in Chapter XIII Articles 957-972. The legal consequences arising from a testament that violates the absolute right of the legitimate heirs depend on their actions. If the legitimate heirs do not sue, the testament remains legitimate valid. However, if the legitimate heirs make a claim, then the testament must undergo an inkorting (curtailment) to fulfill the absolute right of the less legitimate heirs.
Penyelesaian Sengketa Pegadaian Terhadap Konsumen Atas Rusaknya Objek Jaminan Gadai Anastasya Mottoh, Kiscya; Lieke Lontoh, Rietha; Benedicta Tambajong, Helena
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1591

Abstract

PT. Pegadaian in Indonesia are regulated in Law Number 21 of 2011 concerning the Financial Services Authority and regulated in the Civil Code. Looking at the problem of damaged consumer pawn objects due to PT. Pegadaian, four-wheeled vehicles are often the object of pawn collateral for loan funds. The debt and receivable agreement and the additional guarantees are not free from errors on the part of one of the parties, such negligence is a breach of contract. Based on the losses experienced by consumers due to damaged pawned goods, the parties must resolve the dispute. This research aims to determine the legal protection for customers as consumers for damage to collateral objects as well as to determine the resolution of disputes between the parties. The research method used in this writing uses normative juridical research methods. The author uses research methods with primary, secondary and tertiary legal materials. The data analysis method used by the author is a qualitative method, namely describing the research results from two variables, namely cause and effect by involving legal materials. The results of the research are in accordance with the problem formulation, namely that the pawnshop must take care of the collateral so that damage does not occur in accordance with existing regulations, legal protection for consumers can be given repressive legal protection, and dispute resolution can be carried out through mediation. It is hoped that suggestions regarding this problem will enable pawnshops to pay more attention to collateral items which are pledged as deposits, and to be able to care for collateral items properly to prevent damage which could result in losses for consumers.
Pertanggungjawaban Badan Penyelenggara Jaminan Sosial Terkait Penurunan Kelas Pelayanan Kesehatan Lieke Lontoh, Rietha; Benedicta Tambajong, Helena
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1634

Abstract

Insurance is a form of transferring personal risk into shared risk. Likewise, what happened with health insurance in Indonesia which was formed based on Law Number 24 of 2011 concerning Social Security Administering Bodies. The fact is that in implementing this Law there are still many complaints from people using government insurance regarding health services both in hospitals and health services. others are not optimal. The community as participants in the Social Security Administering Agency for Health who are also consumers whose rights are not fulfilled feel that they are served in a discriminatory manner by hospitals and family doctors, of course for various reasons given. The aim of this research is to find out to what extent BPJS is responsible for reducing the class category of BPJS participants based on the premiums that have been paid. The research method used is normative juridical research which refers to library research through data collection and then data analysis and drawing conclusions based on deductive thinking methods. The place of research is not research because the nature of the research is library research. The research results show that consumers in health services often receive unfair treatment, namely not in accordance with the rights they should receive. Even though patients as consumers have the right to receive compensation, compensation and/or reimbursement for the difference in the value of contributions paid. This is clearly regulated in Law Number 8 of 1999 concerning Consumer Protection Article 4 Paragraph (8) that "Consumers have the right to receive compensation, compensation and/or replacement if the services received are not in accordance with the agreement or are not as they should be.”