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All Journal Jurnal Health Sains Jurnal Inovasi Global Jurnal Multidisiplin Indonesia Legalis : Journal of Law Review
Kusnawirawan, Iwan
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Astronomy Dentistry Education Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary

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The New Frontiers of Medical Malpractice: Legal Challenges in the Age of Artificial Intelligence and Telemedicine Zein, Rosnalisa; Kusnawirawan, Iwan; Hernayati; Mottershead, Richard; Subu, Muhammad Arsyad; waluyo, imam
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.363

Abstract

The healthcare landscape has transformed significantly in recent decades, propelled by technological advancements and evolving treatment methodologies. This evolution has improved patient care and introduced complexities in medical malpractice. This research aimed to explore the evolving landscape of medical malpractice in light of technological advancements such as artificial intelligence (AI) and telemedicine. Specifically, the study aims to analyze the gap between traditional legal standards of medical malpractice and the practical realities healthcare providers face in a rapidly changing environment. The gap is most evident when applying static legal definitions to an ever-changing healthcare environment.  This study employs a qualitative research method using a systematic literature review (SLR) to analyze the relationship between legal frameworks and technological developments influencing medical malpractice claims over the past five years (2018-2023).  This study found a pressing need for legal reforms to accommodate emerging technologies such as telemedicine and artificial intelligence (AI), which challenge conventional definitions of liability and standards of care. The study emphasizes the importance of adapting legal frameworks to ensure patient safety while protecting healthcare providers from undue liability. This study highlights medical malpractice law's dynamic and evolving nature in response to technological advancements and changing healthcare practices. Staying informed about these evolving legal standards is essential for healthcare providers' risk management and compliance. Policymakers must prioritize the development of supportive legal frameworks that protect patient rights while providing healthcare providers with the clarity needed to navigate this complex landscape effectively.
Safeguarding Investor Rights: OJK’s Regulatory Framework Including Management and Challenges in Indonesia’s Capital Market Kusnawirawan, Iwan; Syarkani, Yofi; Hernayati, Hernayati; Waluyo, Imam
Jurnal Multidisiplin Indonesia Vol. 4 No. 3 (2025): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v4i3.2243

Abstract

Investor protection is crucial for maintaining stability and trust in Indonesia’s capital market. The Financial Services Authority (Otoritas Jasa Keuangan, OJK) plays a central role in regulating transparency, preventing fraud, and providing dispute resolution mechanisms. Despite a robust regulatory framework, challenges such as weak enforcement, low financial literacy, and regulatory inefficiencies persist. This study employs a qualitative research approach, incorporating legal analysis and a management control framework. Primary data includes expert interviews, while secondary data consists of financial reports, journal articles, and regulatory documents. Key Performance Indicators (KPIs) such as enforcement actions, fraud detection rates, and investor restitution are analyzed to evaluate regulatory effectiveness. Fraud Prevention through POJK No. 43/POJK.04/2020, which grants OJK the authority to impose sanctions but struggles with enforcement effectiveness; and (3) Alternative Dispute Resolution via collaboration with LAPS SJK and the APPK platform, which enhances accessibility but faces challenges in public awareness and efficiency. Despite these measures, issues such as inadequate deterrents for market violations, gaps in technological supervision, and bureaucratic inefficiencies hinder optimal investor protection. To strengthen investor protection, OJK must enhance legal enforcement, expand financial literacy programs, leverage technology for market supervision, and improve inter-agency coordination. The adoption of RegTech solutions, blockchain transparency mechanisms, and stricter legal sanctions can significantly boost regulatory efficiency and investor confidence. Future research should explore international best practices to further refine Indonesia’s financial regulatory landscape.
The Anatomy of Financial Risk: A Legal and Economic Perspective on Hospital and Healthcare Management Syarkani, Yofi; Kusnawirawan, Iwan; Hernayati, Hernayati; Handayan, Dwi Ratna Sari; Waluyo, Imam
Jurnal Inovasi Global Vol. 3 No. 5 (2025): Jurnal Inovasi Global
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jig.v3i5.345

Abstract

Financial and legal risk management in healthcare, particularly under national health insurance programs like Indonesia’s Jaminan Kesehatan Nasional (JKN), is critical for ensuring sustainable and high-quality care delivery. This study explores the multifaceted financial risks faced by hospitals, including rising operational costs, unpredictable patient volumes, inadequate reimbursement mechanisms, and delays in insurance payments. Additionally, it examines the legal frameworks governing billing practices, patient privacy, and fraud prevention, highlighting the consequences of non-compliance, such as financial penalties and reputational damage. Through a systematic literature review, this research identifies integrated risk management (IRM) strategies that combine financial, operational, and legal approaches to mitigate risks. Key strategies include implementing robust financial monitoring systems, strengthening legal compliance through staff training and audits, and advocating for policy reforms to address systemic gaps. Case studies from Indonesia and other countries illustrate the effectiveness of these strategies in improving financial sustainability and regulatory compliance. The findings underscore the importance of adopting IRM frameworks, investing in technology, and conducting further research to evaluate best practices. This study contributes to the growing body of literature by integrating economic and legal perspectives, offering actionable recommendations for healthcare systems operating under national health insurance programs.
Analysis of Patient Safety in TM/CAM Services, Women's Health and its Legal Perspective Kusnawirawan, Iwan; Koniasari; Alfian , RM; Alpiah, Dini Nur; Rosyita, Hafna; Amalia, Anindini Winda
Jurnal Health Sains Vol. 5 No. 3 (2024): Journal Health Sains
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jhs.v5i3.1246

Abstract

Ensuring patient safety is a crucial aspect of healthcare including TM/CAM, particularly in the field of women's health. Healthcare providers must prioritize the safety of women during pregnancy and childbirth to prevent any harm or potential risks. This research used a traditional review, increasing the amount of literature that has been read and analyzed by the researcher. Normative-juridical principles in a prescriptive analytical manner with a statutory regulatory approach and the thinking method is deductive. General patient safety principles can be used in TM/CAM services by implementing the International Classification of Patient Safety (ICPS). Women are at risk due to their genital, hormonal, and pregnancy characteristics and may be affected by disease conditions acquired before or during pregnancy, and complications from physiological events at the end of pregnancy. Regulations on traditional health services and women's health care in Law No. 17 of 2023 and other regulations. This arrangement must guarantee safety, quality, and affordability. Patient safety is specifically regulated by Regulation of the Minister of Health of the Republic of Indonesia Number 11 of 2017 concerning Patient Safety. TM/CAM health services have developed in society and have to assess quality and safety standards, registration and accreditation have been established and TM/CAM health service practitioners, both those with formal and non-formal education, are required to have a competency certificate and Registration Certificate (STR). And Licenses (SIP) and Traditional Healers Registered Certificate (STPT).
Co-Authors Alfian , RM Alpiah, Dini Nur Anindini Winda Amalia Handayan, Dwi Ratna Sari Hernayati Hernayati, Hernayati Imam Waluyo Koniasari Mottershead, Richard Rosyita, Hafna Subu, Muhammad Arsyad Yofy Syarkani Zein, Rosnalisa