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The Medical Journal of Hospital Management and Health Law
Published by International Medical Journal Corp. Ltd.
ISSN : -     EISSN : 30892104     DOI : https://doi.org/10.70070
Core Subject :
The Medical Journal of Hospital Management and Health Law is Indonesian Journal, accepts articles covering aspects of Hospital Management and Health Law from students, lecturers, and practitioners working in Hospital Management and Health Law. The Medical Journal of Hospital Management and Health Law covers themes including, but not limited to: Hospital Planning System, Health Facility Project Feasibility Study, Health Regulation And Policies, Health Law Hospital Risk Management
Arjuna Subject : -
Articles 35 Documents
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Juridical Analysis of Mandatory Vaccination Implementation During a Pandemic N.Barasa; O.Cahyono
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 1 (2024): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

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Abstract

Introduction The implementation of mandatory vaccination during a public health crisis represents a profound legal and ethical dilemma, balancing collective biosecurity against individual autonomy. This study addresses the constitutional friction arising from state-enforced medical interventions designed to curb highly contagious diseases. Methods Using a normative juridical research method, this study analyzes statutory frameworks, constitutional provisions, and human rights instruments to evaluate the state's authority in enforcing public health mandates. Results The statutory analysis reveals that while constitutional frameworks guarantee the right to health and bodily integrity, they concurrently empower the state to restrict individual liberties during declared emergencies to preserve public order and safety. The judiciary consistently upholds public health mandates, provided they satisfy the principles of legality, necessity, and proportionality. Discussion The legal discourse centers on the doctrine of salus populi suprema lex esto, which establishes public welfare as the highest law. However, a significant research gap exists regarding the precise legal thresholds required to transition from voluntary recommendations to coercive mandates without committing constitutional overreach. This paper fills that gap by establishing a novel, structured three-tiered juridical framework—assessing scientific certainty, systemic healthcare capacity, and the availability of less restrictive alternatives—to determine the constitutional legitimacy of mandatory vaccination policies. Conclusions Mandatory vaccination is legally justifiable under international and domestic law when voluntary compliance fails to achieve herd immunity during a severe pandemic. Governments must ensure clear legislative authorization, non-discriminatory enforcement, and robust compensation frameworks for rare adverse events to maintain public trust and constitutional validity.
A Juridical Analysis of Legal Sanctions Against Unlicensed Medical Practice P.Darmadi; Q.Efendi
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 1 (2024): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

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Abstract

Introduction: Unlicensed medical practice poses a critical threat to public health, patient safety, and the integrity of the healthcare system. Despite stringent regulatory frameworks, rogue practitioners continue to exploit vulnerable patients, necessitating a rigorous legal examination of existing enforcement mechanisms. Methods: This study employs a normative juridical research method, analyzing primary legal materials such as health statutes and secondary sources including judicial precedents and legal literature. Results: The analysis reveals that while statutory criminal and administrative sanctions are robust on paper, implementation is frequently hindered by weak inter-agency enforcement, ambiguous statutory interpretations regarding alternative medicine, and a lack of public legal literacy. Discussion: The discussion integrates a comprehensive literature review on medical jurisprudence, contrasting strict liability with fault-based culpability, and examines how enforcement gaps create opportunities for illicit operators. It underscores that current penal measures often treat symptoms rather than the systemic root causes of unauthorized practice, highlighting a significant divergence between law in books and law in action. Conclusions: This study concludes that statutory legal sanctions must be accompanied by proactive, digitized monitoring and enhanced public education.
Juridical Analysis of First-Level Health Facility Regulations in BPJS Kesehatan R.Firmansyah; S.Gunardi
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 1 (2024): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

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Abstract

Introduction: The Indonesian National Health Insurance program, managed by BPJS Kesehatan, relies heavily on First-Level Health Facilities (FKTP) as the primary gatekeeper for public healthcare. However, inconsistencies within the regulatory frameworks governing FKTP operations frequently lead to implementation disparities and limited legal certainty for both providers and beneficiaries. Methods: This study employs a normative juridical research methodology, utilizing a statutory, conceptual, and analytical approach to evaluate the coherence of prevailing health regulations and presidential decrees governing primary care. Results: The analysis reveals distinct regulatory friction between the operational mandates issued by BPJS Kesehatan and the clinical autonomy standards established by the Ministry of Health. Overlapping authorities regarding accreditation, capitation fund distribution, and performance-based contracting have created bureaucratic inefficiencies that undermine service delivery. Discussion: By exploring the literature on administrative law and public health governance, the discussion highlights a structural disconnect between macro-level national health policies and the micro-level implementation guidelines enforced upon primary providers. This legal gap compromises the standard of care and exposes healthcare professionals to unnecessary regulatory vulnerabilities. Conclusions: To resolve these systemic conflicts, the government must harmonize secondary legislation, precisely delineate the supervisory boundaries between BPJS Kesehatan and regional health offices, and establish a unified legal framework that balances financial efficiency with quality medical service.
A Juridical Analysis of the Authority of Traditional Health Practitioners in Medical Practice T.Hermanto; U.Ismail
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 1 (2024): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

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Abstract

Introduction: The integration of traditional medicine into the modern healthcare system creates a complex legal intersection regarding professional boundaries and patient safety. This study examines the legal authority of traditional health practitioners within the framework of conventional medical practice. Methods: This research employs a normative juridical method, analyzing statutory legislation, healthcare regulations, and legal doctrines governing health professionals. Results: The findings reveal that while statutory law formally recognizes traditional health practitioners, their scope of authority remains strictly segregated from conventional medical practices, creating operational ambiguities in collaborative clinical settings. Discussion: The literature underscores a persistent tension between protecting indigenous medical knowledge and enforcing standardized biomedical regulations. The discussion highlights that current legal frameworks fail to provide clear boundaries for integrative medicine, leaving practitioners vulnerable to liability and risking patient welfare due to overlapping responsibilities. Conclusions: In conclusion, the legal authority of traditional health practitioners is legally recognized but functionally restricted, necessitating explicit regulatory guidelines to harmonize traditional and modern medical practices safely. It is recommended that regulatory bodies establish comprehensive, joint-practice protocols and updated credentialing standards to mitigate legal risks.
Legal Analysis of Organ Donation Regulations Under Indonesian Positive Law V.Junaedi; W.Kurniawan
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 1 (2024): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

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Abstract

Introduction: Organ transplantation represents a pinnacle of modern medical achievement, yet its execution is heavily contingent upon a robust legal framework that ensures ethical compliance and prevents illicit practices. In Indonesia, the demand for organ donors consistently outpaces supply, creating a critical need for a comprehensive legal analysis of current regulations. This study examines the legal landscape governing organ donation within the Indonesian positive law framework to evaluate its adequacy and protective mechanisms. Methods: This research employs a normative juridical method, analyzing primary legal sources, including statutory legislation, government regulations, and relevant health acts, alongside secondary legal materials such as academic journals and legal commentaries. Results: The findings indicate that while Indonesian law, primarily through the Health Act (Undang-Undang Kesehatan), explicitly permits altruistic organ donation and strictly prohibits commercialization, significant regulatory gaps persist. The statutory mechanisms lack detailed operational procedures regarding donor registry, consent verification, and post-mortem procurement protocols, leading to ambiguity in enforcement and clinical implementation. Discussion: The literature review reveals a profound divergence between legislative intent and practical execution, where the absence of a centralized national regulatory body exacerbates vulnerabilities to organ trafficking. Ethical concerns intersect with legal loopholes, particularly regarding the determination of brain death and the exact boundaries of familial consent. Conclusions: Indonesian positive law requires immediate legislative updates, specifically the enactment of detailed government regulations establishing an independent oversight authority and a transparent national donor registry.
A Juridical Analysis of Patient Health Data Protection in Digital Systems X.Limanto; Y.Mulyadi
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 2 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/vnw8rg74

Abstract

Introduction: The rapid digitization of healthcare systems has revolutionized patient data management, but it simultaneously introduces profound vulnerabilities regarding data privacy and security. This study addresses the legal complexities surrounding the protection of electronic health records (EHRs) within digital health ecosystems. Methods: Utilizing a normative juridical research method, this study analyzes existing statutory frameworks, international legal instruments, and theoretical legal principles governing data protection. Results: The analysis reveals that while current frameworks provide foundational protections, severe normative gaps persist regarding unauthorized third-party access, lack of explicit institutional liability, and ambiguous enforcement mechanisms during cross-border data transmissions. Discussion: The discussion integrates an extensive literature review, examining the intersection of privacy rights and digital healthcare infrastructure. It highlights the tension between public health utility and individual confidentiality, demonstrating how decentralized systems and cloud computing exacerbate statutory vulnerabilities. The legal landscape requires a harmonized approach that clearly defines the liabilities of healthcare providers and digital platform operators, ensuring that technological advancements do not outpace fundamental privacy rights. Conclusions: This study concludes that current legislative structures are insufficiently equipped to manage the sophisticated nature of modern cyber threats and digital data handling in healthcare. To bridge these gaps, it is imperative to enact comprehensive legislative amendments, establish a dedicated regulatory oversight body, and implement stringent technological standards such as end-to-end encryption and mandatory breach notifications.
Juridical Analysis of Hospital Obligations in Providing Emergency Medical Services Z.Noor; A.Oktavianus
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 2 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/e1ywy188

Abstract

Introduction: Emergency medical services constitute a fundamental component of the right to health, requiring immediate and non-discriminatory intervention to prevent mortality or permanent disability. This study analyzes the legal framework governing hospital obligations in emergency scenarios, particularly focusing on the tension between public law duties and private institutional autonomy. Methods: This research employs a normative juridical method, utilizing a statutory approach, conceptual analysis, and case study evaluations to examine relevant health legislation, ministerial regulations, and judicial precedents. Results: The findings indicate that statutory frameworks impose strict statutory duties on all healthcare facilities, irrespective of their public or private ownership, to provide immediate stabilization therapies without demanding upfront financial deposits. However, regulatory ambiguities regarding the definition of emergency thresholds and the mechanisms for state-backed financial reimbursement create systemic compliance vulnerabilities. Discussion: The literature review demonstrates that while international human rights standards recognize medical emergencies as non-derogable obligations, domestic enforcement often suffers from a lack of harmonization between administrative sanctions and civil liability. The legal gap centers on the protection of emergency physicians who face conflicting pressures between corporate hospital protocols and statutory healthcare mandates, necessitating clear legal protections and standardized triaging protocols. Conclusions: This study concludes that statutory hospital obligations must be reinforced by synchronized enforcement mechanisms and statefunded safety nets to ensure institutional compliance. It is recommended that regulatory bodies establish an objective legal definition of medical emergencies and formulate robust financial reimbursement policies to safeguard both patient rights and hospital sustainability.
Legal Analysis of Criminal Sanctions for Illegal Abortion Perpetrators under the Health Law Perspective B.Prabowo; D.Ramadhan
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 2 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/v0erx455

Abstract

Introduction: Illegal abortion remains a critical medico-legal issue in developing nations, where the tension between criminal law enforcement and reproductive health rights creates complex statutory ambiguities. This study examines the legal framework governing criminal sanctions for illegal abortion perpetrators, focusing on how health legislation balances punitive measures with public health considerations. Methods: This study utilizes a normative legal research methodology, employing statutory, conceptual, and comparative approaches to analyze secondary legal sources, including the Indonesian Penal Code, health statutes, and related medical-legal jurisprudences. Results: The analysis reveals that while state legislation strictly criminalizes unauthorized pregnancy terminations to protect potential human life, current health statutes provide specific, highly regulated exemptions for medical emergencies and rape survivors. However, ambiguities in procedural execution and delayed legal determinations often inadvertently push individuals toward unsafe, clandestine practices. Discussion: The discussion evaluates the intersection of criminal law deterrence and public health realities, highlighting a significant research gap in the operational sync between law enforcement and medical professionals. By reviewing extensive literature on medical jurisprudence, this section emphasizes that rigid punitive measures without clear clinical guidelines fail to reduce abortion rates, instead increasing maternal mortality and exacerbating systemic health risks. Conclusions: This study concludes that legislative reform must shift from an exclusively punitive paradigm to an integrated regulatory framework that provides clear legal certainty, streamlined clinical protocols, and robust protection for healthcare providers.
A Legal Analysis of Patient Rights to Medical Records Under the Health Law E.Sudrajat; H.Veryanto
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 2 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/e9bxpe67

Abstract

Introduction: Patient autonomy and information privacy have become central pillars of modern healthcare legislation. In Indonesia, the enactment of the current Health Law has significantly reshaped the legal framework governing medical records, balancing a patient's right to access their personal health data with the healthcare provider's duty of confidentiality. This study explores the legal landscape surrounding these rights, highlighting the shift toward digital health architecture and increased patient empowerment. Methods: This research employs a normative juridical legal method. It analyzes primary legal materials, including the Health Law and its implementing regulations, alongside secondary legal sources such as academic journals, jurisprudence, and legal doctrines regarding medical privacy and patient rights. Results: The analysis reveals that under the current legislative framework, patients possess ownership of the informational content within their medical records, while healthcare facilities retain physical or digital custody of the record matrix. Furthermore, the mandatory transition to electronic medical records introduces stringent data protection standards aligned with personal data protection principles, though ambiguities persist regarding cross-border data flows and liability in systemic breaches. Discussion: The integration of patient rights within the broader health law framework creates a critical intersection between medical ethics, healthcare administrative law, and privacy statutes. While the current law successfully strengthens the legal standing of patients to demand full data transparency, the lack of granular enforcement mechanisms creates a compliance gap for rural healthcare facilities. A comprehensive literature review indicates that achieving a balance between data accessibility for patients and data security for providers requires clearer technical guidelines and robust state-led oversight. Conclusions: The Health Law provides a solid normative foundation for patient data rights, but its realization relies heavily on technical harmonization and infrastructure readiness. It is recommended that regulatory bodies issue specific administrative guidelines to penalize institutional non-compliance and establish clear standard operating procedures for patient data access.
A Juridical Analysis of Post-Pandemic Telemedicine Regulation in Indonesia I.Wahyudi; K.Yudhoyono
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 2 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/bbf7wp89

Abstract

Introduction: The COVID-19 pandemic catalyzed a paradigm shift in healthcare delivery, accelerating the adoption of telemedicine in Indonesia. While temporary ministerial decrees successfully bridged the emergency healthcare gap, the transition into a post-pandemic era requires a permanent, robust juridical framework to ensure legal certainty, patient safety, and physician protection. Methods: This legal research employs a qualitative normative juridical approach, analyzing statutory laws, ministerial regulations, and foundational legal principles governing digital health services in Indonesia. Results: The study reveals that current post-pandemic regulations, primarily under the framework of the new Health Law (UU No. 17/2023) and updated Indonesian Medical Council regulations, still suffer from overlapping jurisdictions, ambiguous standards for cross-border telemedicine, and fragmented liability mechanisms. Discussion: The literature underscores that a cohesive medical-legal architecture is critical. Analysis demonstrates a significant divergence between technical healthcare advancements and current statutory readiness, particularly regarding electronic informed consent, malpractice liability attribution between tech platforms and clinicians, and stringent medical data privacy under the Personal Data Protection Law (UU No. 27/2022). A comprehensive regulatory synthesis is explored to reconcile these operational gaps with statutory doctrines. Conclusions: Indonesia requires an overarching, integrated Government Regulation specifically dedicated to digital health to unify cross-sector obligations. Regulatory authorities must establish clear liability boundaries, standardized digital informed consent protocols, and localized enforcement mechanisms to protect all clinical stakeholders.

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