Hempi Wanty Saragih
Universitas Pembangunan Panca Budi

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Legal Certainty in the Legislative System in Indonesia study on the Information and Electronic Transactions Law Hempi Wanty Saragih; Abdul Rahman Maulana Siregar
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Legal certainty is a fundamental element in the legal system that aims to create justice, order, and predictability in society. However, in practice, the existence of the Electronic Information and Transaction Law (UU ITE) often causes polemics due to multiple interpretations and inconsistent application. This study aims to examine the aspects of legal certainty in the ITE Law by highlighting articles that are in the public spotlight, such as related to insult and defamation, as well as their technical implementation in the field. The research method used is juridical-normative with an analytical approach to the text of the law and juridical-empirical through case studies and interviews with legal practitioners. The results of the study show that legal uncertainty in the ITE Law is caused by the lack of harmonization between the ITE Law and other laws, weak public understanding of regulations, and uneven implementation by law enforcement officials. To create better legal certainty, revisions to articles with multiple interpretations, capacity building for law enforcement officials, and comprehensive public education about the ITE Law are needed. This research is expected to make a theoretical contribution to the development of legal studies in Indonesia as well as a basis for recommendations for policymakers in improving the quality of legislation.
ANALYSIS OF THE EFFECTIVENESS OF NATIONAL HEALTH INSURANCE (JKN) FINANCING ON THE QUALITY OF SERVICES IN FIRST-LEVEL HEALTH FACILITIES FROM THE PERSPECTIVE OF HEALTH LAW Hempi Wanty Saragih; Marice Simarmata
International Journal of Society and Law Vol. 3 No. 2 (2025): August 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i2.606

Abstract

The National Health Insurance (JKN) has been the main pillar in the implementation of the health system in Indonesia since its launch in 2014. With a financing scheme based on the principles of social solidarity and equity, JKN aims to improve the accessibility and quality of health services for the entire community. The First Level Health Facility (FKTP) as the front line of health services is expected to be able to provide quality services through a capitation financing mechanism. However, the effectiveness of this financing in improving the quality of services is still a debate in various circles, including in the aspect of health law that regulates the right to quality services. This study aims to analyze the effectiveness of JKN financing on the quality of services in FKTP with a health law approach as an analytical framework. This study uses a juridical-empirical method with data collection techniques in the form of surveys to patients, interviews with health workers, and analysis of related regulatory documents, such as Law Number 17 of 2023 concerning Health and Presidential Regulation Number 82 of 2018 concerning Health Insurance. Evaluation is carried out on the dimensions of service quality, including effectiveness, efficiency, accessibility, and patient safety, as well as conformity with health law principles such as fairness and non-discrimination. The results of the study show that the effectiveness of JKN financing in FKTP is still not optimal. The limited amount of capitation has an impact on low incentives for health workers and limited service facilities and infrastructure. As a result, some dimensions of service quality have not been fully met, such as long service waiting times and limitations in service types. From a health law perspective, this condition has the potential to violate patients' rights to quality and equal health services as mandated by law. These findings indicate the need to reformulate the JKN financing policy, especially in adjusting the capitation value based on service needs and workload in FKTP. In addition, strengthening regulations and supervision from related parties is very important to ensure that the principles of health law are implemented effectively. Thus, the quality of health services at FKTP can be improved in line with JKN's main goal in providing quality and fair health services for all levels of society. Based on the results of this study, it is suggested that the government conduct a thorough evaluation of the JKN financing scheme, strengthen supervision of FKTP, and integrate health law approaches in every health service policy. The application of the principles of health law will not only strengthen the rights of patients but also encourage the continuous improvement of the quality of services in first-tier health facilities.
The Responsibility of Midwives in Implementing Early Breastfeeding Initiation as the Right of Newborns Based on Law Number 17 of 2023 Concerning Health Hempi Wanty Saragih
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i1.11285

Abstract

Early Initiation of Breastfeeding (IMD) is an important step in providing exclusive breastfeeding (ASI) which plays a major role in reducing infant mortality and improving maternal and infant health. Midwives as health workers have a moral, professional, and legal responsibility in ensuring the implementation of IMD in accordance with Law number 17 of 2023 concerning Health. This study aims to analyze the responsibilities of midwives in implementing IMD based on the provisions of the regulation. The planned research method is a library research with a descriptive qualitative approach, through analysis of various academic sources such as journals, books, and related official regulations. The results of the analysis indicate that midwives' responsibilities include implementing IMD according to Standard Operating Procedures (SOP), providing education to pregnant and breastfeeding mothers, and ensuring the baby's right to receive breast milk immediately after birth. In addition, it was found that the level of knowledge, attitudes, and support from health facilities have a significant influence on the success of IMD implementation. Based on the analysis of Law number 17 of 2023, midwives have a strategic role in supporting the national policy of exclusive breastfeeding, both as implementers, educators, and supervisors in health care facilities. The conclusion of this study shows that the responsibility of midwives in implementing IMD is not only an ethical and professional obligation, but also an implementation of legal protection for the rights of newborns to receive exclusive breastfeeding.