Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal eScience Humanity Journal Research Horizon
Nugroho, Enggar Adi
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Research Horizon

 1 
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