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Jurnal Hukum dan Etika Kesehatan (JHEK)
Published by Universitas Hang Tuah
ISSN : -     EISSN : 2798043X     DOI : 10.30649/jhek
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Etika Kesehatan adalah jurnal hukum open-access-peer-reviewed yang berafiliasi dengan Magister Hukum Universitas Hang Tuah dan diterbitkan oleh Universitas Hang Tuah. Jurnal ini bertujuan untuk menjadi wadah bagi para sarjana dan praktisi hukum untuk menyumbangkan gagasan-gagasannya yang dihasilkan dari penelitian hukum dan etika kesehatan serta artikel-artikel konseptual untuk disebarluaskan kepada publik untuk perkembangan hukum Indonesia. Itu diterbitkan dua kali setahun pada bulan Maret dan September. Ruang lingkup pasal-pasal tersebut menyangkut masalah hukum dan etika kesehatan yang meliputi Hukum Kesehatan, Hukum Maritim, Hukum Internasional, Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Tata Usaha, Hukum Kesehatan Masyarakat, dan Yurisprudensi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "VOLUME 5 NO 1" : 7 Documents clear
Mediasi Sebagai Asas Primum Remidium Dalam Penyelesaian Sengketa Pelayanan Kesehatan Berbasis Keadilan Proporsional Nugroho, Hari Pudjo
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.235

Abstract

Since the enactment of Law 17/2023, it has opened a new paradigm and confirmed how the mandate for resolving disputes in the health sector is carried out, which places alternative dispute resolution as the main and first thing before other legal remedies are used by the parties to the dispute. As an a contrario logic in the application of criminal law as the ultimum remidium principle, dispute resolution outside of court for dispute cases as regulated in Article 310 of Law 17/2023 is an application of the primum remidium principle. The concept of Primum Remidium as a legal order in resolving disputes resulting from health services in Law 17/2023 and mediation being the main choice in resolving disputes resulting from health services in a just manner is an important thing. The research method used is normative legal research based on a statute approach and a conceptual approach. The result is this approach to resolving criminal allegations of doctors in providing health services through restorative justice is a primum remidium step to return the function of criminal law to its track, namely as an ultimum remidium function and as a last resort weapon when other legal remedies cannot be used as a deterrent effect for a doctor. In the settlement process by means of deliberation to reach consensus, justice is created by the parties. The discussion of fairness in resolving medical disputes through mediation is based on balance and proportion. In this case the parties will take their respective proportions, justice is created through their own agreement. Starting from this idea of justice, the parties to the dispute use their own criteria for justice.
Analisis Hukum Atas Kecurangan (Fraud) Rumah Sakit Dalam Penyelenggaraan Jaminan Kesehatan Nasional Wicaksono, Emirza Nur; Khasanah, Dian Ratu Ayu Uswatun
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.243

Abstract

Law enforcement against fraud committed by hospitals in the implementation of the National Health Insurance (JKN) program is a crucial aspect in maintaining the integrity of the healthcare system in Indonesia. This study aims to analyze the legal framework governing hospital fraud and to assess the effectiveness of its implementation in practice. The research method used is normative with a statute approach and conceptual approach. The results of the study show that law enforcement regarding hospital fraud in the JKN program has been regulated by existing legislation. However, its implementation still faces several challenges. The current legal regulations are not fully effective in preventing and addressing fraud. Implementation is hindered by various obstacles, including a lack of coordination among law enforcement agencies, weak internal oversight, and minimal strict sanctions against fraud perpetrators. The conclusion of this study is that law enforcement on hospital fraud within the JKN program requires more effective and efficient efforts, as well as increased awareness and compliance with the applicable laws and regulations.
Malpraktik Kedokteran Gigi dan Pertanggungjawaban Pidana : Tinjauan UU No. 17 Tahun 2023 Tentang Kesehatan Andriani Fauziah, Yessy; Alhadad, Husin; Agis Susanti, Dany
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.230

Abstract

Malpractice cases in dentistry have become an increasingly significant legal issue, particularly regarding the criminal liability of dentists. Law No. 17 of 2023 on Health introduces substantial changes in Indonesia’s health law regulations, including provisions on medical professionals’ legal accountability. This regulation defines the boundaries and sanctions for practices considered negligence or malpractice. This study aims to analyze the criminal liability of dentists in malpractice cases based on the provisions of Law No. 17 of 2023. The research method used is normative legal research based on literature, focusing on relevant regulations and legal concepts. The analysis shows that Law No. 17 of 2023 provides more explicit rules on dentists’ criminal liability. However, ambiguities remain in its implementation, particularly in distinguishing between negligence and malpractice. Additionally, legal protection for dentists facing malpractice allegations needs further clarification when implementing regulations. This study is expected to provide insights for legal practitioners and medical professionals to understand the legal implications of medical actions and offer recommendations for regulatory improvements in the future.
Pertanggungjawaban Pidana Dokter Militer di Bidang Hukum Kesehatan Atmaja, Ayu Indra Atryadi; Sutarno, Sutarno; Pramono, Budi
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.233

Abstract

There are complex issues concerning criminal acts and the criminal liability of military doctors within the scope of health law. Military doctors serve dual roles: as healthcare providers and as members of the military. When a military doctor commits a crime in the context of health services, they act as a doctor. However, they also hold the status of a member of the Indonesian National Army (TNI), which carries distinct legal implications. This background leads to two main problems in this study: (1) the application of criminal law to military doctors, and (2) the forms of criminal liability for military doctors who commit offenses in the health sector. The research method used in this thesis is normative juridical. This thesis explores the legal liability of military doctors for criminal acts in the health sector. Based on the findings and discussions in this thesis, it is concluded that there are currently no specific regulations or laws governing the application of criminal law to military doctors. Consequently, military doctors who commit negligence or violations in the health sector are subject to the Criminal Code. If the crime breaches both general criminal law and special criminal law provisions, the military doctor will be subject to special criminal law. Keywords : Criminal Acts ; Criminal Responsibility ; Military Doctor.
Analisis Etis dan Yuridis Perundungan Terstruktur Dalam Sistem Pendidikan Kedokteran Spesialis Lovinska, Arlyne Faza; Wicaksono, Emirza Nur; Khasanah, Dian Ratu Ayu Uswatun
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.247

Abstract

The phenomenon of bullying within the specialist medical education system is a serious issue rooted in the rigid and closed hierarchical structure of teaching hospitals. This form of bullying not only threatens the mental health of medical residents but also raises profound concerns from the perspective of medical professional ethics and applicable legal norms. This study examines the issue using a normative legal research method (doctrinal approach), by analyzing relevant legal norms both written in legislation, legal doctrines, court decisions, and fundamental legal principles. The findings indicate that systematic bullying violates core ethical principles, such as the principle of non-maleficence (do no harm), justice, and respect for individual dignity. Furthermore, these practices contradict the constitutional rights of learners as guaranteed under Indonesia’s legal system. The absence of specific regulations protecting residents further exacerbates the power imbalance within medical education. Therefore, this study advocates for comprehensive reform, including the establishment of a safe and reliable reporting system, stronger legal protections for residents, and the integration of ethical values education into the medical curriculum.
Tantangan Bioetika dalam Penentuan Kelayakan Bekerja: Antara Otonomi dan Risiko Okupasi Rusli, Noer Triyanto
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.250

Abstract

Fitness-for-work assessment is one of the core responsibilities in occupational medicine, particularly when dealing with workers experiencing health problems. This process requires not only accurate clinical judgment but also involves complex bioethical dimensions. This article aims to analyze the bioethical challenges faced by occupational physicians in determining fitness for work, with emphasis on the principles of autonomy, beneficence, non-maleficence, justice, and conflicts of interest. This study employs a qualitative approach through a systematic literature review and case reflections, complemented by semi-structured interviews with fifteen occupational health practitioners and human resource managers from the logistics, mining, and manufacturing sectors in Indonesia, conducted between January and May 2025. Data were analyzed thematically using a clinical bioethics framework. The findings reveal that medical decisions in this context often conflict with socio-economic pressures, productivity demands, and the limitations of Indonesia’s labor system. Power imbalances between employers and workers, low health literacy, and weak legal protection for medical professionals further exacerbate ethical dilemmas. Therefore, a multidisciplinary and systemic approach is needed—one that integrates ethical values into labor policy, occupational health training, and organizational governance. Fitness-for-work assessments should not merely serve as administrative procedures but must uphold justice, protect workers’ dignity, and reinforce the integrity of the medical profession.
Konflik Norma UU BPJS 2011 dengan UU SJSN 2004 dalam Sistem Jaminan Sosial Ariyanti, Annisa Tri; Aisyah, Safirah
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i1.254

Abstract

The normative conflict between Law No. 24 of 2011 on BPJS and Law No. 40 of 2004 on SJSN has led to regulatory disharmony in the implementation of Indonesia’s National Health Insurance (JKN). The primary discrepancy lies in the legal subjects authorized to establish cooperation agreements between BPJS and healthcare providers, resulting in legal uncertainty and affecting both access to healthcare services and the efficiency of INA-CBGs-based payment mechanisms. This study aims to examine the legal dimensions of this conflict and to propose regulatory harmonization strategies to ensure justice and sustainability within the JKN system. A normative legal research method is employed, using a statutory and conceptoal approach with qualitative-descriptive analysis of secondary legal materials. The findings reveal that the norm conflict has systemic implications for contractual administration, hospital financial sustainability, and potential moral hazard ultimately harms both JKN participants and healthcare providers. The inaccuracy of the INA-CBGs-based payment system, which does not reflect the actual cost of medical services, further exacerbates the situation, leading to the emergence of various fraudulent practices such as upcoding, repeat claims, and administrative manipulation.Legislative reform, INA-CBGs tariff evaluation, and the establishment of a tripartite negotiation forum are recommended to reinforce legal certainty and social equity in the delivery of national health services.

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