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All Journal Jurnal Al Azhar Indonesia Seri Ilmu Sosial Jurnal Penegakan Hukum dan Keadilan Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya Jurnal Hukum dan Etika Kesehatan (JHEK) JUDGE: Jurnal Hukum Priviet Social Sciences Journal Indonesian Journal of Law and Justice Journal of Law & Policy Review Jurnal SUTASOMA
Wicaksono, Emirza Nur
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Peserta Jaminan Kesehatan Nasional Atas Layanan Kesehatan yang Tidak Berkualitas: Legal Protection for National Health Insurance (JKN) Participants in The Context of Substandard Healthcare Services Wicaksono, Emirza Nur
Jurnal Hukum dan Etika Kesehatan VOLUME 6 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v6i1.260

Abstract

The National Health Insurance (JKN) is a strategic program of the Indonesian government aimed at providing equitable and fair access to healthcare services. Although it has enrolled millions of participants, the quality of healthcare services received by participants remains a significant issue, including long queues, drug shortages, service discrimination, and alleged malpractice. This study aims to examine the legal protection of JKN participants who experience substandard healthcare services, as well as to identify challenges and solutions in its enforcement. A normative legal research method is employed, using both the statutory approach and the conceptual approach to analyze relevant legislation, legal doctrines, and fundamental concepts such as legal protection, the responsibilities of service providers, and standards of quality healthcare services. The results indicate that, normatively, legal protection for JKN participants is already regulated through various laws and regulations. However, the optimization of this protection still requires strengthening and clarification of regulations concerning service standards, complaint mechanisms, supervisory effectiveness, and inter-agency coordination so that the existing legal framework can function more effectively and ensure participants’ rights are fully guaranteed. Therefore, systematic regulatory reinforcement is needed, including the clarification of norms regarding the obligations of service providers, the formulation of simpler and measurable complaint and dispute resolution mechanisms, and the improvement of supervisory instruments and sanctions that provide legal certainty and enforceability.
The Role of Law in Responding to Social Changes Related to Sexual Orientation in Indonesia: A Normative-Sociological Study Wicaksono, Emirza Nur
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 2 (2026): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i2.31309

Abstract

This study examines the role of law in responding to social changes related to sexual orientation in Indonesia by analyzing the relationship between constitutional guarantees, statutory regulations, and legal practice. The legal issue arises from the absence of explicit norms governing sexual orientation in Indonesia’s positive legal framework, while several regulations, including the 1945 Constitution, Law Number 1 of 2023 concerning the Criminal Code (KUHP), Law Number 44 of 2008 concerning Pornography, and morality-based regional regulations, are interpreted in ways that influence legal responses to related issues. This condition creates normative ambiguity between constitutional principles of equality and non-discrimination and their practical implementation. This study employs normative legal research using statutory, conceptual, and sociological approaches through the examination of primary and secondary legal materials. The findings indicate that Indonesia’s legal framework remains fragmented and lacks harmonized standards regarding issues related to sexual orientation. A gap persists between das sollen, reflected in constitutional guarantees under Articles 28G and 28I of the 1945 Constitution, and das sein, reflected in morality-based legal interpretations and inconsistent law enforcement practices. Consequently, law has not fully functioned as an effective instrument of social engineering in responding to evolving social realities. This study recommends harmonizing regulations, strengthening non-discrimination safeguards, clarifying legal standards to prevent arbitrary interpretation, and enhancing institutional capacity among law enforcement actors. The study contributes to normative-sociological legal scholarship by examining the interaction between legal norms and social realities in Indonesia.
Co-Authors Amalia Choirunnisa Bhisma Murti Didik Gunawan Tamtomo Khasanah, Dian Ratu Ayu Uswatun Lovinska, Arlyne Faza Prasetya, Hanung Sukandriani Utami Veibiani, Nindita Arum