Hotmaria Hertawaty Sijabat
Doctoral Student Faculty of Law Universitas 17 Agustus 1945 Jakarta

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LEGAL AND ETHICAL ASPECTS OF HOSPITAL RESPONSIBILITY FOR PATIENT SAFETY Gunawan Widjaja; Hotmaria Hertawaty Sijabat
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 4 (2025): APRIL
Publisher : Adisam Publisher

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Legal and ethical aspects play an important role in a hospital's responsibility for patient safety. Hospitals are required to comply with various laws and regulations that guarantee quality medical service standards, including the Health Act and health accreditation standards. Compliance with these regulations reduces the risk of medical errors and ensures a safe and effective care environment. In addition, ethical aspects require hospitals and medical personnel to apply moral principles such as beneficence, non-maleficence, autonomy, and justice, which promote the welfare, rights, and justice of patients. By combining the fulfilment of legal obligations and ethical principles, hospitals can increase patient trust, prevent malpractice, and ensure the overall safety and well-being of patients.
INTERNATIONAL LAW STUDY ON PATIENT RIGHTS AND PROTECTION IN THE ERA OF GLOBALISATION Gunawan Widjaja; Hotmaria Hertawaty Sijabat
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 4 (2025): APRIL
Publisher : Adisam Publisher

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This study of international law highlights the rights and protection of patients in the era of globalisation, focusing on the responsibilities of the state and health institutions and the harmonisation of health regulations between countries. The study emphasises the importance of international treaties and conventions such as the Universal Declaration of Human Rights in guaranteeing the right to health. However, implementation at the national level is still inconsistent due to factors such as limited resources and social injustice. In conclusion, the protection of patients' rights in the era of globalisation requires a multilateral approach, global collaboration, and technical and financial support to ensure the implementation of international obligations and fair and equitable health protection.
DYNAMICS OF HEALTH LAW CHANGE: A LEGAL AND SOCIAL ANALYSIS Hotmaria Hertawaty Sijabat
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 5 (2025): MAY
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This article analyses the dynamics of changes to the Health Law from a legal and social perspective, focusing on the triggering factors, implementation, and impact on society. Changes in health regulations are often influenced by technological developments, demographic changes, and demands for improved access and quality of health services. From a social perspective, public awareness of health rights and pressure from advocacy groups play an important role in shaping more inclusive regulations. While these changes aim to respond to complex health challenges, challenges such as resistance to change, implementation gaps, and potential conflicts of interest remain. Thus, transparent and collaborative measures are needed in the legislative process to ensure that changes to the Health Law are not only relevant, but also effective in achieving the expected social and legal goals.
IMPLEMENTATION OF RESTORATIVE APPROACH FOR MEDICAL DISPUTE RESOLUTION IN INDONESIA Hotmaria Hertawaty Sijabat
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 5 (2025): MAY
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The handling of medical disputes in Indonesia often results in prolonged conflict through litigation processes that drain the time, money and emotions of the parties involved. A more humane and constructive alternative is the implementation of a restorative approach that focuses on dialogue, rapprochement, and reaching a mutual agreement. This approach aims to create a win-win solution between patients, medical personnel, and healthcare institutions. This article discusses the potential and challenges of implementing restorative approaches in the context of medical dispute resolution in Indonesia. It is found that while this approach offers many benefits, such as reducing the burden on the judicial system and improving relationships between disputing parties, its implementation is hampered by the lack of specific regulations, lack of socialisation, and limited professional mediators. Support from the government, health institutions, and efforts to change the culture of litigation among the community are key to the success of implementing this approach. In conclusion, with the strengthening of regulations and training of mediators, the restorative approach has great potential to increase public trust in Indonesia's health system and provide a fairer and more dignified dispute resolution.
ANALYSIS OF THE IMPACT OF THE ENACTMENT OF THE HEALTH LAW ON THE NATIONAL HEALTH INSURANCE SYSTEM (JKN) Gunawan Widjaja; Hotmaria Hertawaty Sijabat; Handojo Dhanudibroto
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 6 (2025): JUNE
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This study aims to analyse the impact of the enactment of the 2023 Health Law on the governance and sustainability of the National Health Insurance System (JKN) in Indonesia. The method used is a literature review by examining various laws and regulations, policy documents, and relevant previous research results. The analysis results indicate that although the provisions that directly alter the structure and authority of the Health Social Security Agency (BPJS Kesehatan) were ultimately not adopted in the final draft of the Health Law, the regulatory dynamics still raise concerns regarding the potential for bureaucratic intervention, reduced independence of BPJS, and overlapping authority between managing agencies and ministries. Additionally, regulatory changes require adjustments in coordination between BPJS Health, the Ministry of Health, and healthcare facilities to ensure quality, equitable access, and the sustainability of JKN financing. This study recommends the need for strengthened governance, regulatory harmonisation, and independent oversight to ensure that the primary objectives of JKN—fair and sustainable health protection for all Indonesian citizens—are achieved optimally.
THE CONTRIBUTION OF HEALTH LAWS IN ADDRESSING NATIONAL HEALTH ISSUES: A LITERATURE REVIEW Gunawan Widjaja; Hotmaria Hertawaty Sijabat; Handojo Dhanudibroto
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 6 (2025): JUNE
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The Health Law No. 17 of 2023 contributes substantially to strengthening Indonesia's national health system. Through regulatory simplification, governance strengthening, and emphasis on promotive and preventive efforts, this law encourages the creation of more equitable, high-quality, and responsive health services to contemporary challenges, including disasters and epidemics. This transformation is also supported by improved legal protection for health workers, strengthening the domestic health industry, and integrating the national health information system. However, the effectiveness of the implementation of this law still faces various challenges, such as disparities in access in remote areas, limitations in human resources and infrastructure, and the need for adjustments at the professional and community levels. Synergy between the central and regional governments, health workers, and active community involvement are key to ensuring that this policy runs optimally and has a real impact on improving the health of the community. Overall, Health Law No. 17 of 2023 is a step forward in the reform of the national health system. With commitment, oversight, and strong collaboration from all stakeholders, it is hoped that this law will be able to realise an inclusive, resilient, and sustainable health system for the welfare of all Indonesians.
RESTORATIVE APPROACH AS AN ALTERNATIVE TO RESOLVING DIGITAL HEALTH SERVICE DISPUTES Handojo Dhanudibroto; Gunawan Widjaja; Hotmaria Hertawaty Sijabat
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 6 (2025): JUNE
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The restorative approach as an alternative to resolving digital health service disputes offers a new paradigm that focuses on restoring relationships between patients, healthcare providers, and the community. Unlike litigation mechanisms, which tend to be repressive, this approach emphasises dialogue, mutual agreement, and openness without pressure, thereby creating fair and dignified solutions for the parties involved in the dispute. In the context of digital health, the application of restorative justice is becoming increasingly relevant due to the growing complexity of disputes arising from the use of information and communication technology, as well as the need to protect the rights of patients and medical personnel. This study aims to examine the effectiveness and challenges of implementing a restorative approach as an alternative to resolving digital health service disputes in Indonesia. Using normative legal research and literature review methods, this study analyses relevant regulations, international practices, and obstacles faced in the implementation of restorative justice-based non-litigation mechanisms. The findings indicate that restorative justice has great potential to enhance public trust, improve dispute resolution efficiency, and provide legal protection for all parties. However, it still faces challenges such as regulatory fragmentation, data privacy protection, and digital literacy gaps. Thus, the study emphasises that synergy between the government, service providers, health workers, and the community is essential to strengthen regulations, infrastructure, and human resource capacity in supporting the effective and sustainable implementation of restorative approaches. Therefore, restorative justice can be an adaptive and equitable solution in resolving digital health service disputes in the current era of technological transformation.
LEGAL PROTECTION OF PATIENT RIGHTS AND LEGAL RESPONSIBILITIES OF MEDICAL PERSONNEL IN HEALTHCARE SERVICES IN INDONESIA Hotmaria Hertawaty Sijabat; Gunawan Widjaja
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 3 No. 1 (2025): INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
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This study discusses legal protection of patients' rights and the legal responsibilities of medical personnel in health services in Indonesia. Patients' rights as recipients of health services are fundamental rights that must be protected through various regulations such as Law No. 36 of 2009 concerning Health and Law No. 44 of 2009 concerning Hospitals, which guarantee the rights to information, privacy, and service safety. On the other hand, medical personnel have legal responsibilities that include criminal, civil, and administrative responsibilities to ensure safe, professional, and standard-compliant services. This study uses a literature review method with an analysis of relevant laws, legal literature, and court decisions. The results of the study show that although a legal framework is in place, there are still challenges in implementing patient rights protection and enforcing the legal responsibilities of medical personnel, particularly in relation to understanding rights and obligations, access to justice, and complaint mechanisms. Strengthening regulations, education, and mechanisms for supervision and dispute resolution are essential to improve the quality of equitable health services in Indonesia.
IMPLEMENTASI ASAS HUKUM ADMINISTRASI DALAM PENGELOLAAN SUMBER DAYA KESEHATAN DI INDONESIA Hotmaria Hertawaty Sijabat
ADMIN: Jurnal Administrasi Negara Vol. 3 No. 3 (2025): MEI
Publisher : CV. Adiba Aisha Amira

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The implementation of administrative law principles in health resource management in Indonesia is a strategic step to ensure effective, efficient, and equitable health services. The use of administrative law principles, such as accountability, transparency, legal certainty, fairness, efficiency, and effectiveness, plays an important role in realising responsible and community-oriented health governance. Despite various efforts, challenges such as limited resources, infrastructure, and bureaucratic constraints remain obstacles to implementation. In order to create a sustainable health system, continuous monitoring and evaluation in accordance with administrative law principles are necessary to ensure that every policy and implementation provides maximum benefits for all Indonesians.
ANALISIS HUKUM ADMINISTRASI TERHADAP KEBIJAKAN PERIZINAN FASILITAS KESEHATAN Hotmaria Hertawaty Sijabat
ADMIN: Jurnal Administrasi Negara Vol. 3 No. 3 (2025): MEI
Publisher : CV. Adiba Aisha Amira

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Health facility licensing policies are crucial in ensuring the quality of health services and protecting the public. As an administrative legal instrument, licensing provides a regulatory framework for the management of health facilities in accordance with applicable standards. However, the implementation of these policies faces a number of challenges, such as bureaucratic complexity, lack of transparency, and inadequate oversight, which can hinder access to health services, particularly in remote areas. Furthermore, the risk of irregularities in the licensing process underscores the need for regulatory reform and oversight mechanisms. Therefore, administrative law reform based on the principles of transparency, efficiency, and accountability is essential to ensure a more responsive licensing system that supports the development of the national health sector. This study provides an administrative law analysis of health facility licensing policies to recommend solutions for improving the effectiveness of regulations in this field.