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All Journal VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora JUSTICIA SAINS: Jurnal Ilmu Hukum
Fakih, M
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Dokter Dalam Pelayanan BPJS Perspektif Hukum Pidana Dan Etik Kedokteran Gutimigo, Zelta Pratiwi; Fakih, M; Triono, Agus; Maroni, Maroni; Firmansyah, Ade Arif; Muhtadi, Muhtadi
VIVA THEMIS Vol 8, No 2 (2025): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v8i2.4281

Abstract

The National Health Insurance Program (JKN) by BPJS Kesehatan provides broad access to health services to the public, but also presents its own challenges for doctors in carrying out their professional duties. The high workload, limited facilities, and patient expectations can pose a risk of criminalization for medical actions, even though they are in accordance with professional standards. This study aims to examine the forms and limits of criminal liability of doctors in BPJS services based on positive law in Indonesia, as well as examine how the principles of medical ethics become the basis of legal protection for doctors. The method used is a normative juridical approach with a literature study of relevant laws and regulations, such as Law Number 17 of 2023 concerning Health, Criminal Code, Presidential Regulation Number 59 of 2024 as an amendment to Presidential Regulation Number 82 of 2018 concerning Health Insurance, and other professional regulations. The results showed that doctors in the JKN system by BPJS have limited criminal liability, as long as medical actions are carried out according to professional standards and operational procedures. Medical ethical principles such as beneficence, non-maleficence, autonomy, and justice provide an important basis for legal protection, especially when doctors face a dilemma between professional obligations and system restrictions. Integration between law, ethics, and policy is needed to ensure fair legal protection for doctors in the practice of national health services
Legalitas Dan Validitas Visum Et Repertum Yang Dikeluarkan Oleh Dokter Non-Forensik: Perspektif Medikolegal Dalam Pembuktian Tindak Pidana Yanita, Leli; Fakih, M; Fardiansyah, Ahmad Irzal
VIVA THEMIS Vol 8, No 2 (2025): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v8i2.4389

Abstract

Visum et repertum is an important piece of evidence in the criminal justice process that serves to bridge the gap between the medical and legal worlds. In practice, the limited number of forensic expert doctors causes the visum et repertum to be issued by general practitioners or doctors who are not forensic experts. This raises a debate regarding the legality and validity of the visum in the process of proving a criminal offense. This paper aims to analyze the legal basis and validity of a visum et repertum made by a doctor who is not a forensic expert from a medicolegal perspective. The method used is the approach of legislation, scientific literature, and case studies. The results of the study show that in order to guarantee fair legal protection for doctors in the practice of national health services. The legality of general practitioners has the authority to make a visum et repertum in accordance with the Criminal Procedure Code and Permenkes, as long as it is carried out based on their professional competence. However, in terms of medicolegal validity, a medical report made by a doctor who is not a forensic expert has the potential to cause weaknesses in evidence if it is not prepared with adequate forensic standards. The novelty of this paper lies in emphasizing the importance of standardizing medical-legal training for non-forensic doctors as a medium-term solution to the limited number of forensic experts in the criminal justice system in Indonesia.]
Tinjauan Yuridis Relevansi Pemenuhan Standar Pelayanan Kesehatan dalam Penguatan Pelayanan Kesehatan Primer Kurniawan, Erwin; Fakih, M; Zazili, Ahmad; Rodliyah, Nunung; Efendia, Malicia
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4438

Abstract

The right to health, as a fundamental part of human rights, demands the commitment of the state to provide quality and equitable health services. Puskesmas, as the frontline, play a crucial role in accessibility and health system strengthening. However, the reality on the ground shows that there are challenges, such as damage to facilities and incomplete laboratories at several Puskesmas in Central Lampung District, including Puskesmas Wates. This problem raises a critical question: How is the relevance of fulfilling health service standards to the realization of strengthening primary health services at Puskesmas Wates Lampung Central. This research uses normative legal methods, with a statutory and analytical approach, examining primary, secondary, and tertiary legal materials. The focus is on reviewing the Decree of the Minister of Health Number HK.01.07/Menkes/1047/2024 on Equipment Standards. The results of the study are expected to identify the significance of the fulfillment of equipment standards in improving the quality of service and capacity of Puskesmas Wates, and provide policy recommendations for optimizing the strengthening of primary health services in the context of fulfilling the right to public health
Co-Authors Agus Triono Ahmad Zazili Efendia, Malicia Erwin Kurniawan Fardiansyah, Ahmad Irzal Firmansyah, Ade Arif Gutimigo, Zelta Pratiwi Maroni Maroni Muhtadi Muhtadi Nunung Rodliyah Yanita, Leli