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All Journal JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Journal of Law, Poliitic and Humanities
Arman Lany, Arman Lany
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Services from the Healthcare and Social Security Agency (BPJS) at Bankrupt Hospitals Suhendra, Yandi; Libet Astoyo, Libet Astoyo; Arman Lany, Arman Lany
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1949

Abstract

In Indonesia, there has been an increase in the number of hospitals declared bankrupt, which has a significant impact on the implementation of the National Health Insurance (JKN) managed by the Health Social Security Administration. Hospitals as BPJS strategic partners face challenges in fulfilling health service obligations due to financial pressures and Bankruptcy Legal status, which can threaten the rights of participants to obtain decent health services. This situation reflects the urgent need for legal mechanisms that protect the rights of participants and ensure the sustainability of health services in the midst of economic and legal dynamics. This study aims to examine the obligations of health services to BPJS Kesehatan participants in hospitals that are experiencing bankruptcy, and analyze the legal basis that governs it. This issue is important considering that there is a potential conflict of interest between the hospital bankruptcy process and the obligation of sustainable health services to BPJS Kesehatan participants. This study uses normative juridical method by reviewing relevant regulations, such as Law No. 24 of 2011 on BPJS, Law No. 40 of 2004 on National Social Security System, and Law No. 37 of 2004 on bankruptcy and PKPU and conceptual approach to analyze the legal obligations of hospitals in bankruptcy conditions in providing health services and protecting the rights of BPJS Health participants. The results showed that the obligation to provide health services to BPJS Health participants remained based on the principle of protection of the right to health as mandated in the legislation. This study recommends the need for special legal protection mechanisms and coordination between the bankruptcy curator, BPJS Kesehatan, and the government to ensure the continuity of health services in hospitals experiencing bankruptcy
ANALISIS YURIDIS JUAL BELI TANAH DENGAN HAK MEMBELI KEMBALI YANG DIDAHULUI DENGAN PERJANJIAN PINJAM MEMINJAM SECARA LISAN (STUDI PUTUSAN MAHKAMAH AGUNG RI NO. 317 K/PDT/2020) Nirmansyah, Sandy; Yuyut Prayuti, Yuyut Prayuti; Arman Lany, Arman Lany
Jurnal Media Justitia Nusantara Vol 14 No 1 (2024): Februari 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v14i1.2965

Abstract

The purpose of this writing is to find out and analyze the sale and purchase of land with the right to repurchase and to find out and analyze the Supreme Court Cassation Decision No. 317 K/Pdt/2020, which recognizes buying and selling with the right to repurchase which is preceded by an oral loan. The research method used by the author is a normative research method, with a statutory regulation approach and a conceptual approach, and the data collection techniques used are literature study and interviews, with the research location at the Bale Bandung District Court Class I A. From the results of this research It was found that the sale and purchase of land with the right to repurchase, which is preceded by a loan or loan, is prohibited in judicial practice. The Supreme Court Cassation Decision No. 317 K/Pdt/2020, dated 26 March 2020, which granted the Plaintiff's claim, as well as legitimizing the sale and purchase with the right to repurchase, is a decision that lacks legal considerations, falls into the category of Onvoldoende Gemotiverd decisions, because it does not take into account other legal facts, such as the Plaintiff's admission that PPJB Deed no. 1064/2018, dated 18 April 2016, was made on the basis of a loan and loan between the Plaintiff and the Defendant
KEWAJIBAN DAN TANGGUNG JAWAB HUKUM PERDATA DALAM PERLINDUNGAN PRIVASI DATA PASIEN DALAM LAYANAN KESEHATAN DIGITAL SUMITRA, SYAMSUL; Yuyut Prayuti, Yuyut Prayuti; Arman Lany, Arman Lany
Jurnal Media Justitia Nusantara Vol 14 No 1 (2024): Februari 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v14i1.2968

Abstract

Civil legal obligations and responsibilities related to the protection of patient data in digital healthcare services that are increasingly popular in the contemporary medical world. The main aim of this article is to analyze the legal framework governing the protection of patient data privacy in the digital environment; identify civil law obligations governing digital health service providers to protect patient data; and analyze how patient rights and obligations relate to protecting patient data privacy in digital health services. Medical professional ethical guidelines and the Personal Data Protection Act are some of the relevant rules and regulations examined in this research. The results of this study show that there is variation in how patients manage the privacy of their data in digital health services; therefore, there is a need to increase legal knowledge and awareness of stakeholders, including healthcare providers, application developers, and patients.
PERLINDUNGAN HUKUM TERHADAP PASIEN KORBAN MALPRAKTEK MEDIS DALAM PERSPEKTIF HUKUM PERDATA Christanto, Eunike Aryaningrum; Yuyut Prayuti, Yuyut Prayuti; Arman Lany, Arman Lany
Jurnal Media Justitia Nusantara Vol 14 No 1 (2024): Februari 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v14i1.2975

Abstract

This study aims to determine the responsibility of health services or hospitals to patients who are victims of medical malpractice, legal protection for patients as consumers of services in the field of medical services, and legal protection for patients as consumers of services in the field of medical services. The type of research used in this paper is normative legal research or library research. The approach method used in this research is the statutory approach. Secondary research sources used include primary legal materials and tertiary legal materials. Based on the results of the study, it can be concluded that 1) The form of regulation of medical personnel who commit malpractice is regulated in Article 19 paragraph (1) of Law no. 8 of 1999 concerning Consumer Protection and in Article 58 paragraph (1) of Law no. 36 of 2009 concerning Health which discusses compensation for a person, health worker and or health provider who causes losses due to errors or omissions in health services; 2) The form of deviation from the agreement between a doctor and a patient that can harm the patient is a breach of contract or an unlawful act committed by a doctor. The losses suffered by the patient can be in the form of material or immaterial losses; and 3) Civil liability for medical personnel must be from unlawful acts (onrechtmatige daad) in accordance with the provisions of Article 1365 of the Civil Code and the responsibility of hospitals related to vicarious liability under the provisions of Article 1367 of the Civil Code.
Co-Authors Christanto, Eunike Aryaningrum Libet Astoyo, Libet Astoyo Nirmansyah, Sandy Suhendra, Yandi SUMITRA, SYAMSUL Yuyut Prayuti, Yuyut Prayuti