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All Journal Rechtsvinding
Suhirman, Agung
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Patient Protection in the Health Service System Based on Law Number 17 of 2023 Concerning Health Suhirman, Agung; Ropii, Imam
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1271

Abstract

This study aims to analyze the implementation of patient protection in the health service system based on Law Number 17 of 2023 concerning Health. The method used is a normative method, with a study approach to applicable legal norms through literature studies in the form of books, journals, and the latest official regulatory documents. The analysis was carried out systematically to understand the substance, implications, and effectiveness of the provisions of the law in protecting patients' rights. The results of the study show that Law Number 17 of 2023 provides a strong legal basis in guaranteeing patients' rights to information, approval of medical procedures, and quality health services. However, the implementation of patient protection still faces various obstacles such as a lack of understanding of medical personnel and health facility managers regarding the new rules, limited resources, and a complaint mechanism that is not optimal. The active role of medical personnel and health institutions is crucial in implementing this protection, especially through the application of professional standards, effective communication with patients, and strict supervision. Strategic efforts identified include increasing socialization and education, strengthening accountability, utilizing information technology, developing an organizational culture that respects patients' rights, and strengthening cross-sector cooperation. The implementation of these measures is expected to improve the quality of safe, fair, and sustainable health services, while increasing public trust in the national health system.
Reorganization of Traditional Medicine Regulation Within the National Health System from A Legal Pluralism Perspective to Address Disharmonization of Laws and Regulations Suhirman, Agung; Muharyati, Muharyati; Utami, Latifah Indriasari; Wijayanto, Fajar Hadi; Putra, Marsudi Dedi
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1568

Abstract

This study aims to analyze and formulate the restructuring of traditional medicine regulation within the national health system using a legal pluralism perspective to address the disharmonization of laws and regulations. This effort is undertaken to achieve legal certainty, public protection, and fair recognition of traditional practices. The research method employed is normative juridical, focusing on the analysis of legal norms, principles, and rules through statutory, theoretical, and doctrinal approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively using legal interpretation and deductive reasoning. The regulation of traditional medicine currently has a strong foundation through Law Number 17 of 2023 on Health; however, significant normative disharmonization still exists. Regulatory conflicts are evident in the potential criminalization under the Criminal Code (KUHP) of non-medical practices deemed misleading, while the Health Law provides recognition of such practices. Formal standards established by the government tend to follow a modern medical paradigm, making them difficult for traditional practitioners—who rely on empirical experience and local wisdom—to fulfill. Protection of traditional knowledge as a collective right of indigenous communities has also not been adequately regulated within the national legal framework. An ideal regulatory restructuring requires synchronization among regulations and the adoption of legal pluralism principles so that the state legal system can accommodate customary law and social norms living within society. Certification mechanisms need to be made more inclusive by recognizing hereditary expertise, and supervision should be designed in a participatory manner involving local communities. Integrated harmonization will create a balance between the recognition of cultural identity and the assurance of safety for service users.
Co-Authors Muharyati, Muharyati Putra, Marsudi Dedi ropii, imam Utami, Latifah Indriasari Wijayanto, Fajar Hadi