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Bacarita Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759407     DOI : 10.30598/bacarita
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BACARITA LAW JOURNAL Adalah jurnal Yang Diterbitkan Oleh Program Studi Hukum, Program Studi Diluar Kampus Utama (PSDKU) Universitas Pattimura di Kepulauan Aru, Dua Kali Setahun Pada Bulan April Dan November. Tujuan Jurnal Ini Adalah Untuk Menyediakan Tempat Bagi Akademisi, Peneliti Dan Praktisi Untuk Menerbitkan Artikel Penelitian Asli Atau Artikel Ulasan. Jurnal Ini Menyediakan Akses Terbuka Langsung Ke Kontennya Dengan Prinsip Bahwa Membuat Penelitian Tersedia Secara Bebas Untuk Mendukung Pertukaran Pengetahuan Global Yang Lebih Besar. BACARITA LAW Tersedia Dalam Versi Cetak Dan Online. Bahasa Yang Digunakan Dalam Jurnal Ini Adalah Bahasa Indonesia Dan Bahasa Inggris. Ruang Lingkup Artikel Yang Diterbitkan Dalam Jurnal Ini Membahas Berbagai Topik Ilmu Hukum Khususnya Berkaitan Dengan Hukum Keperdataan, Hukum Pidana, Hukum Tata Negara/Administrasi Negara, Dan Hukum Internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 118 Documents
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Application of the Principle of Accountability in the Management of National Health Insurance Funds in General Hospitals Hasan, Nurul Hikmah M; Alamri, Muthi'ah; Dali, Fatmawati Arini
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.23527

Abstract

This study aims to see how the application of the principle of accountability in the performance of General Hospitals to the management of national health insurance. Improving the performance of General Hospitals is essential to ensure good healthcare and meet the needs of the community. However, to achieve that, we need to understand how the principle of accountability is applied in hospital management. The method used in this study is juridical normative. The data used are derived from the relevant literature and previous data. The results of the study show that the implementation of accountability significantly improves budget performance with the concept of value for money, so that the use of the budget becomes more economical, efficient, and effective. The most effective strategies involve strong internal controls and performance-based budgeting that supports transparency and accountability. The implementation of this strategy is able to optimize the use of resources and improve the quality of financial management in the organization. The results of the study provide recommendations to strengthen accountability mechanisms as a strategic step in encouraging sustainable budget efficiency, and the role of local governments in supporting accountability principles is urgently needed. This includes conveying clear information, handling input and complaints from the public, and developing an organized reporting system, among other things. The application of accountability principles is essential to improve the performance of public hospitals. However, greater and sustained efforts are needed from all parties involved to ensure that the principle of responsibility in the management of health insurance funds is not just a buzzword, but is actually applied in every part of hospital operations.
The Practice of Bribery in the Issuance of Driver's Licenses by Students Reviewed from the Perspective of Community Legal Culture Putri, Hikma Nurrohmah; Iswahyuni, Ninejulianggi Trinandita; Lazuardi, Gerry; Rapita, Desinta Dwi
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.23819

Abstract

The practice of bribery in the issuance of Driver's Licenses in Indonesia is a form of corrupt behavior that has taken root in the bureaucratic culture and society. Based on data from the 2024 Anti-Corruption Behavior Index, it was recorded that 30.96% of the public still consider it reasonable to give money to the authorities to facilitate the processing of Driver's Licenses and other legal documents. This fact shows that corrupt behavior has become part of the legal culture of Indonesian society. This study aims to examine 1) Procedures for Issuing Driver's Licenses based on the National Police Regulation of the Republic of Indonesia Number 5 of 2021 concerning the Issuance and Marking of Driver's Licenses, 2) Implementation of Bribery Practices in Issuance of Driver's Licenses, 3) Reasons for Giving Bribes in the Issuance of Driver's Licenses Reviewed from the Legal Culture of the Community. The research method was carried out with qualitative methods and data collection through questionnaires. The results of the study found that: 1) the procedure for issuing a Driver's License based on the Regulation of the National Police of the Republic of Indonesia Number 5 of 2021 concerning the Issuance and Marking of a Driver's License which explains the process of issuing a Driver's License through administrative stages, health tests, and exams consisting of theoretical exams and practical exams 2) The implementation of the practice of bribery in issuing a Driver's License is carried out through police officers or brokers by providing money so that the applicant does not go through the theoretical exam and practical exam stages 3) Most of the respondents do "shoot the Driver's License" in the issuance of the Driver's License caused by very strong cultural influences.
Sui Generis Characteristics of Build-Operate-Transfer (BOT) Agreements in Regional Asset Management Barito, Argerida; Subekti, Subekti; Astutik, Sri
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24555

Abstract

The Build-Operate-Transfer (BOT) Agreement is one of the cooperation schemes between local governments and the private sector in the management of regional assets, especially to finance public infrastructure development without directly burdening the regional budget. However, juridically, BOT has a unique characteristic (sui generis) because it is located at the intersection between the civil law regime and state administrative law. On the one hand, BOT was born from an agreement that is subject to the principle of freedom of contract as stipulated in the Civil Code, but on the other hand, its implementation is greatly influenced by public authority, licensing, and administrative arrangements derived from laws and regulations. This study aims to analyze the juridical characteristics of BOT agreements in regional asset management and determine the tendency of the legal regime that dominates the agreement. The research method used is normative legal research with a statutory approach and a conceptual approach. Primary legal materials include the Civil Code and Government Regulation Number 28 of 2020 concerning the Management of State/Regional Property, while secondary legal materials are in the form of doctrine and the results of previous research. The results of the study show that the BOT agreement has a dual nature, but the dominance of state administrative law is more prominent because of the existence of government authority, supervision, and restrictions on freedom of contract through regulations. Therefore, BOT cannot be understood solely as a private contract, but rather as an agreement with a public character that requires a balance between the certainty of civil law and the public interest. These findings make a normative contribution to understanding the legal position of BOT in the Indonesian legal system.
The Constitutionality of Health Services as a Public Commodity in the Archipelago Gustafianof, Gustafianof; Irham, Muhammad
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24884

Abstract

The connectivity of health services in the archipelago in Indonesia also requires the development of health service facilities for the community based on the principles of welfare, equity, non-discrimination, participatory, and sustainable. The purpose of this research is related to the constitutional guarantee of equitable distribution of health service facilities in Indonesia that has not been implemented evenly. Especially in areas with archipelago characteristics that require more comprehensive policies, so that health services can reach people in many small islands. The research methods used are normative legal research, and approaches to laws and regulations, legal principles, and legal doctrines. The results of the study found that the design of health services as a public commodity for areas with an archipelago character in accordance with the constitution, forthat it is necessary to synchronize regional regulations in the provision of health service facilities as a form of public commodity in areas with an archipelago character with new laws and regulations is very important to be carried out. In the future, health services as a public commodity must meet the criteria, including: good quality, easy access for the archipelago and there are collective efforts to fulfill health services in islands with an archipelagic character, harmonization of regulations from the central level to the regional level, so that the goal of building health facilities mandated by the constitution can be realized.
Dispute Resolution Mechanism Between Hospitals and Patients in the Framework of National Health Mediation Lasamano, Putri Naylarizki; Hasan, Khansah Mutia; Arsad, Nur Amalia
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.23677

Abstract

This study aims to analyze the dispute resolution mechanism between hospitals and patients within the framework of national health mediation, in the midst of the challenges of the Indonesian health system, with the existence of Health Law Number 17 of 2023, it is hoped that medical dispute resolution can be carried out efficiently and humanely through mediation. Mediation offers a non-litigation approach that prioritizes relationship restoration and restorative justice, although it still faces various obstacles, such as a lack of understanding and trained mediators. This study uses a normative juridical method with qualitative analysis of laws and regulations and medical dispute resolution practices. The results show that mediation can be an effective alternative to reduce the burden on the courts, provided it is supported by a good understanding by all parties involved and to strengthen the application of mediation and restorative justice principles in the context of health disputes in Indonesia
Decentralization of Health Financing Policies Legal Implications for Equitable Distribution of Health Services Herfiana, Ajeng; Kolintama, Liony Fryonita
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.23955

Abstract

The decentralization of health financing policy in Indonesia has generated complex legal dynamics in efforts to equalize health services across regions. This study analyzes the legal implications of fiscal health authority delegation under Law Nomor 23 of 2014 on Local Government and its derivatives on the accessibility and quality of primary and secondary health services at the local level. Employing a normative juridical approach with qualitative analysis of policy documents, regional fiscal data, and administrative court decisions, the research reveals financing disparities due to uneven regional fiscal capacity and weak central oversight. Findings indicate that decentralization tends to undermine equity owing to budget fragmentation and inconsistent legal implementation, despite potential for enhanced local responsiveness to epidemiological needs. Reforms are recommended through strengthened performance-based fiscal transfers and cross-level accountability mechanisms to realize constitutional health justice as mandated by Article 34 of the 1945 Constitution.
The Integrity of Local Wisdom in Extractive Industry Regulation: A Legal Sociological Study of Environmental Resilience in Indigenous Territories Kaulika, Rafifah Aqila Wafa; Ramadhani, Nur Laila; Melinda, Melinda Laila
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24037

Abstract

This study examines the integration of local wisdom into the regulatory framework of the extractive industry, focusing on strengthening environmental resilience in indigenous areas. The objective of the research is to analyze how customary norms, ecological ethics, and socio-cultural values can be integrated into the state legal system to achieve sustainable natural resource governance. The methodology employs a socio-legal approach through document analysis, in-depth interviews with customary leaders, and a review of environmental legislation. The findings indicate that communities implementing customary principles— such as the establishment of prohibited zones, communal forest management, and ecological control rituals—exhibit higher levels of environmental resilience compared to regions relying solely on formal state regulations. This study also finds an imbalance when state law marginalizes customary law, leading to increased ecological vulnerability and the weakening of environmental protection in extractive industry areas. The significance of this research lies in its contribution to the development of a hybrid governance model that strengthens co-management between the state and customary institutions. This model is expected to serve as a foundation for policy formulation, advocacy strategies, and legal reforms to promote environmental sustainability and the protection of indigenous rights. The novelty of this study lies in the development of an integrative framework that positions local wisdom as a functional legal instrument within extractive industry regulations to enhance environmental resilience.
Disharmony of Regulations as a Normative Impact of the Enactment of the New Criminal Code Loin, Raymundus; Samosir, Marlina
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24195

Abstract

The enactment of the new Criminal Code marks a major change in the Indonesian criminal law system. However, this reform must contend with various existing sectoral laws, thus creating the potential for regulatory disharmony due to differences in regulations and overlapping norms. This study aims to determine the occurrence of regulatory disharmony as a normative impact of the enactment of the new Criminal Code in relation to various existing sectoral laws in Indonesia and to determine the overlapping regulations and application of the principle of lex specialis derogat legi generali between the new Criminal Code and specific laws contributing to the emergence of regulatory disharmony in the national criminal law system. This study uses normative juridical legal research, where the data is sourced from secondary data. The research results indicate that regulatory disharmony as a normative impact of the enactment of the new Criminal Code occurs because a number of its criminal provisions are not fully aligned with existing sectoral laws. Differences in regulations, the scope of offenses, and the construction of sanctions give rise to overlapping norms and unclear application of the lex specialis principle, thus creating legal uncertainty in the practice of criminal law enforcement in Indonesia. The overlapping regulations between the new Criminal Code and special laws, coupled with the unclear application of the lex specialis derogat legi generali principle, are significant factors triggering regulatory disharmony. Uncertainty in determining which norms should be prioritized in dual-regulated offenses leads to differences in interpretation among law enforcement, opens up room for inconsistent decisions, and disrupts legal certainty in the national criminal law system.

Page 12 of 12 | Total Record : 118

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