LEGAL CERTAINTY FOR HEALTH FACILITIES IN PROVIDING REFERRAL LETTER ON PATIENT REQUESTS IN THE JKN ERA (JURIDICAL REVIEW OF THE SJSN LAW AND BPJS HEALTH LAW)
Main Article Content
The main problem in this research is a policy problem, namely the problem of legal policy in regulating the rules of legal certainty for health facilities. Therefore the approach to this problem is a policy-oriented approach. However, considering that the main target of this research is legislative policy in formulating legal certainty for health facilities in carrying out their duties and functions, the approach is mainly taken with a juridical-normative approach. This research was conducted at the Blangkejeren Public Health Center, Lhoksukon City, Central Aceh, with literature studies at the Panca Budi University Library and internet searches. The data sources of a research are primary data and secondary data. Because this research is a normative legal research, the sources studied are secondary data sources. Legal certainty of payment for health services has provided legal certainty to Health Service Providers (PPK) as regulated in Presidential Regulation Number 19 of 2016 concerning the Second Amendment to Presidential Regulation Number 12 of 2013 concerning National Health Insurance (JKN). However, this change still does not provide legal certainty for BPJS patients when problems occur related to the amount of payments that must be paid by BPJS to Health Service Providers, if there are patients who experience/require to be treated with costs that exceed the rates determined by BPJS. Legal consequences if there is no legal certainty for health services
Book :
Anonymous, Guidelines for the Implementation of Aceh Health Insurance, Revised Edition, Aceh Health Service, Banda Aceh, 2011
Anonymous, Guidelines for the National Referral System, Directorate General of Development, Health Efforts, Ministry of Health, Jakarta, 2012
Anonymous, Practical Guide to BPJS Health Tiered Referral System 04
Abbas Said, Supervision of the Use of Discretion by Police and Prosecutors, In the Process of Enforcing Criminal Law, Summary of Dissertation, Graduate Program, Faculty of Law, Padjadjaran University, 2013
Anny Isfandyarie, Legal Responsibility and Sanctions for Doctors, Achievement Pustaka, Jakarta, 2006
Amirudin, H Zainal Asikin, Introduction to Legal Research Methods, Jakarta, Raja Grafindo Persada, 2004
Azhary, Indonesian State of Law Normative Juridical Analysis of Its Elements, UI Press, Jakarta, 1995
Dahlan Thalib and Mila Karmila Adi (editors), Law and Power, FH. UII, Yogyakarta, 1998
Hans Kelsen, General Theory of Law and State, translated by Rasisul Muttaqien, Bandung, Nusa Media, 2011
JJ. Von Schmid, Great Thinking Experts on the State and Law, Translation by Wiratno and Djamaluddin, Dt. Singomangkuto, Publisher PT. Development, Jakarta, 1959
Lawrence M. Friedman, Law and Society An Introduction, Prentice Hall, Inc., Englewood Cliffs, New Jersey, 1997
Marzuki, Peter Mahmud, Legal Research, Kencana Prenada Media, Jakarta, 2011
Mochtar Kusumaatmadja, Consolidating the Ideals of Law and the Principles of National Law in the Present and Future, Paper, Jakarta, 1995
Munir Fuady, Post Modern Legal Philosophy and Theory, PT. Citra Aditya Bakti, Bandung, 2005
Munir Fuadi, Modern Law State Theory (Rechtsstaat), Refika Aditama, Bandung 2011
Ni'matul Huda, State of Law, Democracy & Judicial Review, UII Press Publisher, Yogyakarta, 2005
Padmo Wajono, Indonesia a State Based on Law, Ghalia Indonesia, First Printing, Jakarta, 1983
Philipus M. Hadjon, in his article entitled, The Idea of the State of Law in the Constitutional System of the Republic of Indonesia”, which was presented at the Symposium on Politics, Human Rights and Development in the context of the XL/Lustrum VIII Anniversary of Universitas Airlangga Surabaya on November 3, 1994.
Plato, The Laws, Penguin Classics, 1986 Edition. Translated and prefaced by Trevor J. Saunders
Rahmi Yuningsih, Problems in Preparation for the Implementation of the 2014 National Health Insurance, Journal of Brief Information Vol.V. No. 17/P3DI/September/2013
Sudikno Mertokusumo, Knowing the Law is an Introduction, Liberty, Jogjakarta, 1999
Suganda Wirnangapati et al, National History of Indonesia and the World, PT. Galaxy Puspa Mega, Jakarta, 1992
Sunaryati Hartono, Legal Research in Indonesia at the End of the 20th Century, Bandung
Soerjono Soekanto, Sri Mamudji, Normative Legal Research, Issue 4, Jakarta, Raja Grafindo Persada, 1994
Legislation:
The 1945 Constitution was amended, the fourth amendment was ratified August 10, 2002, Sinar Graphic, Jakarta, 2002
Law No. 36 of 2009 concerning Health
Law Number 24 of 2011 concerning Social Security Administering Body
Presidential Regulation Number 12 of 2012 Regarding National Health Insurance
Presidential Regulation Number 111 of 2013 concerning Amendments to Presidential Regulation Number 12 of 2013 concerning National Health Insurance
Minister of Health Regulation Number 5 of 2014 concerning Guidelines for Clinical Practice of Doctors in Primary Care Facilities
Decree of the Minister of Health of the Republic of Indonesia Number HK.02.02/Menkes/62/2015 concerning Practical Clinical Guidelines for Dentists
Regulation of the Governor of the Special Region of Yogyakarta Niomor 59 of 2012 concerning Guidelines for the Implementation of the Health Service Referral System
Internet :
https://www.kompasiana.com/nyinyi/minim-pemahaman-sistem-rujuk-bpjs-kesehatan_54f705c3a3331183248b457c accessed on Saturday, March 31 2018, at 20:07
http://rubik.okezone.com/read/35216/perlu-many-perbaikan-pada-sistem-rujuk-bpjs-kesehatan accessed on Saturday, March 31, 2018 at 19:53