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INDONESIA
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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Legal Analysis of Food and Drug Supervision by BPOM from a Health Law Perspective F.Ramadhan; M.Hidayat
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 3 (2026): 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/fg0mgn08

Abstract

Introduction: The Indonesian Food and Drug Authority (BPOM) plays a pivotal role in public health safety, yet institutional overlapping and enforcement gaps persist within the modern legislative framework. This study examines the legal mechanisms of BPOM from a health law perspective to assess its structural efficacy. Methods: Utilizing a normative juridical legal research methodology, this study analyzes primary and secondary legal materials, including Law No. 17 of 2023 on Health and relevant presidential regulations, through statutory and conceptual approaches. Results: The findings reveal that while BPOM possesses extensive administrative authority, its preventive and repressive supervision is frequently hindered by jurisdictional friction with the Ministry of Health and a lack of independent prosecutorial powers. Discussion: The discussion evaluates these legal gaps against contemporary health law principles, highlighting how the integration of public health mandates and administrative sanctions fails to deter systemic violations by distribution industries. It further integrates a comprehensive literature review on regulatory compliance theory to demonstrate that BPOM requires strengthened constitutional positioning and clear institutional boundaries to eliminate regulatory redundancy. Conclusions: This study concludes that the existing legal framework inadequately supports BPOM’s supervisory mandate, requiring urgent legislative amendments to grant independent enforcement authority and harmonize inter-agency roles to ensure absolute public health protection.
Juridical Analysis of Legal Aspects of Adolescent Reproductive Health Services C.Wibowo; E.Saputra
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 3 (2026): 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: 10.70070/1ym29t57

Abstract

Introduction: Adolescent reproductive health remains a critical socio-legal issue globally, particularly within developing legal frameworks where the protection of minor rights often intersects with parental authority and public morality. While healthcare policies emphasize accessibility, statutory ambiguities frequently restrict adolescents from independently obtaining reproductive health services. This study addresses this friction by evaluating how current legal systems balance protectionism with autonomy. Methods: This research employs a normative juridical method, utilizing a statutory and conceptual approach to analyze relevant laws, health regulations, and human rights conventions. Results: The findings reveal a significant legal disharmony between national health statutes that guarantee health access and specific medical regulations that condition reproductive interventions on marriage or parental consent. This inconsistency creates legal uncertainty for healthcare providers and effectively bars unmarried adolescents from crucial services. Discussion: The discussion integrates an extensive literature review, emphasizing that the legal framework fails to incorporate the principle of the evolving capacities of the child as mandated by international law. By enforcing rigid age thresholds and marital requirements, the law neglects the public health reality of adolescent sexual activity, thereby widening the research gap between statutory law and societal needs. Conclusions: In conclusion, the legal architecture governing adolescent reproductive health requires immediate harmonization to reconcile rights-based approaches with protective regulations. It is recommended that policymakers amend restrictive health regulations to establish clear, age-appropriate consent mechanisms, alongside developing comprehensive guidelines that shield medical practitioners from liability when serving adolescents.
Juridical Analysis of the Regulation of Hospital Operational Termination Due to Legal Violations T.Kusuma; B.Santoso
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 3 (2026): 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: 10.70070/1jyg4m13

Abstract

Introduction: Hospitals play a critical role in public health, but legal violations require strict regulatory enforcement, including operational termination. This study addresses the regulatory framework and legal consequences of halting hospital operations due to statutory breaches. Methods: This study utilizes a normative juridical research method, analyzing statutory provisions, legal doctrines, and case law related to medical law and administrative enforcement. Results: The findings reveal that while the government possesses the authority to terminate hospital operations, the current legal framework suffers from overlapping jurisdictions, vague enforcement criteria, and a lack of standardized procedural safeguards. Discussion: The discussion highlights a significant conflict between the administrative necessity of penalizing non-compliant institutions and the constitutional right of citizens to access uninterrupted healthcare. A comprehensive literature review emphasizes that proportional enforcement mechanisms must integrate alternative dispute resolutions and gradual sanctions before resorting to total closure, thereby filling the existing gap between public administrative law and medical ethics. Conclusions: This study concludes that the regulatory framework requires immediate harmonization to balance legal enforcement with public health continuity. It is recommended that policymakers establish a specialized, independent medical regulatory tribunal and draft clear, tiered administrative guidelines to ensure that operational termination remains a measure of last resort.
Legal Analysis of Administrative Sanctions Against Hospitals Failing to Meet Accreditation Requirements A.Nugroho; D.Permadi
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 3 (2026): 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/gzdhw328

Abstract

The quality of healthcare services is intrinsically linked to the enforcement of institutional standards, primarily maintained through hospital accreditation. This study investigates the legal implications and the enforcement of administrative sanctions against hospitals that fail to meet these mandatory accreditation requirements. Employing a normative juridical research method, this study analyzes relevant statutory legislation, ministerial regulations, and authoritative legal doctrines to evaluate the efficacy and consistency of administrative penalties. The results indicate that while the legal framework provides a structured tier of sanctions—ranging from written warnings to the revocation of operational licenses—the enforcement mechanism faces significant challenges, particularly concerning the continuity of public healthcare access and regulatory ambiguities. The discussion reveals a critical gap between theoretical legislative intent and practical enforcement, highlighting how the immediate closure of non-compliant hospitals can inadvertently jeopardize local patient care. The study integrates a comprehensive literature review on administrative law and medical jurisprudence to contextualize these findings within contemporary healthcare governance. In conclusion, this study suggests that administrative sanctions must be applied through a balanced approach that prioritizes patient safety without abruptly disrupting public health infrastructure. It recommends the establishment of an intermediate regulatory oversight body and clearer transitional guidelines to assist struggling hospitals in achieving compliance before ultimate punitive measures are executed.
A Juridical Analysis of Inpatient Care Implementation Based on BPJS Hospital Class Standards R.Pratama; S.Wijaya
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 3 (2026): 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/v7z0ck17

Abstract

Introduction: The transformation of Indonesian healthcare relies heavily on the implementation of the Social Security Administrator for Health (BPJS Kesehatan). A pivotal shift occurs with the transition from the traditional multi-tiered treatment classes to the unified Standard Inpatient Class (KRIS) system. This study evaluates the legal framework and readiness of healthcare facilities to implement these new standards. Methods: This research utilizes a juridical-normative approach, analyzing primary, secondary, and tertiary legal sources. Statutory analysis and conceptual approaches are applied to assess the alignment of health regulations with operational realities. Results: The findings reveal a significant legal and infrastructural gap between the mandated KRIS parameters and the actual capacities of regional hospitals. While the regulations aim to democratize healthcare quality, the rigid requirements strain local resources and compromise immediate service delivery. Discussion: The transition exposes critical friction within health law principles, particularly balancing standardized equity with the realities of decentralized hospital funding. Literature indicates that mandatory uniformity without proportional fiscal support risks reducing total available bed capacity, thereby exacerbating patient wait times. Legally, the enforcement mechanism lacks sufficient transition protections for lower-tier hospitals. Conclusions: Successful implementation of the BPJS standard inpatient class requires synchronized regulatory updates and targeted state subsidies to prevent infrastructure deficits. Immediate revisions to the enforcement timeline are essential to safeguard universal health coverage principles.

Page 4 of 4 | Total Record : 35

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