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All Journal eScience Humanity Journal Research Horizon
Nugroho, Enggar Adi
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Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis of Business Dispute Resolution in Strategic Technology and Services Procurement Contract Disputes through the Indonesian National Arbitration Board (BANI) Hamdan, Angkasa Ramatuan; Nugroho, Enggar Adi; Takaryanto, Davin; Ciptawan STP, Beni; Syahruddin, Syahruddin; Anggraeni, Happy Yulia
eScience Humanity Journal Vol 5 No 2 (2025): eSience Humanity vol 5.2. May 2025
Publisher : Asosiasi Ide Bahasa Kepri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37296/esci.v5i2.262

Abstract

This research examines legal issues arising from business disputes in contractual agreements, specifically focusing on the Availability Payment (AP) Service Level Agreement (SLA) between PT Palapa Ring Barat and the Ministry of Communication and Informatics of the Republic of Indonesia. Disputes emerged due to differing interpretations of tax clauses, where PT Palapa Ring Barat demanded additional VAT (10%) on AP payments, while Kemenkominfo argued the payments already included VAT. This study employs a normative juridical method, analyzing primary sources such as BANI Decision No. 45016/II/ARB-BANI/2022 and relevant legal frameworks, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Findings indicate that arbitration plays a critical role as an effective, binding dispute resolution mechanism, as demonstrated by BANI's decision, which affirmed the validity of the agreement and ordered Kemenkominfo to pay additional VAT. The case highlights the importance of clear contractual clauses, particularly regarding taxation, to prevent disputes. In comparison, other dispute resolutions, such as mediation, are evident in cases like the collaboration between RSUD Mataram and CV. Ijen Perkasa on hospital information system management. This research contributes to the field by emphasizing the need for clear, comprehensive contracts and effective dispute resolution mechanisms. The findings provide insights for businesses and policymakers to develop contracts that minimize potential conflicts while promoting adherence to legal frameworks
Legal Implications of Violating Healthcare Service Standards for BPJS Patients: A Juridical Study Nugroho, Enggar Adi; Anggraeni, Happy Yulia
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.5.6.2025.900

Abstract

Legal protection for Social Security Administration Agency (Badan Penyelenggaran Jaminan Sosial/BPJS) participants in cases of violations of healthcare service standards remains a critical issue. This study purpose to analyze the effectiveness of civil, criminal, and administrative legal mechanisms in providing repressive legal protection for Social Security Administration Agency patients in cases of medical negligence. Using a normative juridical approach, the research examines three civil court decisions from 2019–2023 that explicitly involve BPJS patients and complements this with an analysis of relevant criminal and administrative regulations, including the role of the Indonesian Medical Disciplinary Honor Council. The study reviews the Civil Code, the Criminal Code, Law Number 17 of 2023 on Health, and Law Number 29 of 2004 on Medical Practice. The results show that all three lawsuits filed by BPJS patients were rejected or declared inadmissible due to procedural defects, error in persona, or the high burden of proof for medical negligence. Criminal liability under Articles 359–360 of the Criminal Code is applied selectively, while MKDKI sanctions function predominantly in a preventive rather than corrective manner. It is concluded that legal protection for BPJS participants remains largely normative and ineffective in practice, requiring reforms to evidentiary standards and accountability mechanisms.
Co-Authors Angkasa Ramatuan Hamdan Arman Lany, Arman Ciptawan STP, Beni Ciptawan, Beni Davin Takaryanto Happy Yulia Prayuti, Yuyut Syahruddin Syahruddin Takaryanto, Davin