Suchergebnisse

The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.

Oil and gas are nonrenewable energy resources that are strategically under the powers of the state, the Republic of Indonesia. The oil and gas management should optimally be implemented for the purpose of providing people's prosperity and welfare. The legal issues studied are the regulating profit sharing contract on oil and gas management in Indonesia. The type of the research is a legal research that is used to solve the appearing legal problems, and to prescribe what should be. The research uses primary and secondary legal materials. The result shows that according to Act No. 22 of 2001, the oil and gas management has changed from the centralized and monopolistic management into the decentralized one, so that it becomes better. Article 6 regulates upstream activities in the oil and gas business activities which are applied and controlled through profit sharing contract. The profit sharing contract shall contain at least the following terms and conditions, such as: (a) the ownership of natural resources shall remains on the hands of the government up to delivering them; management controlling operations shall be under the authority of the implementing agency; (b) entire capitals and risks shall be borne by enterprises and permanent enterprises; (c) the change of the statute shall separate upstream and downstream industry of oil and gas; (d) the mining authority shall return to the government not to Pertamina or enterprise; and (e) the enterprise that wants to invest in oil and gas sector shall sign profit sharing contract with the Implementing Agency for Oil and Gas (SKK Migas). Production sharing for oil and gas management in Indonesia is obtained from the production after being deducted with operating costs; the production is shared to the state and the contractor i.e. generally 85% of net oil production to the state and 15% to the contractor, and 65% of net gas production to the state and 35% to the contractor.

AbstractThis study aims to determine the rights and obligations of makers and distributors of traditional medicines and analyze the legal responsibilities of makers and distributors of traditional medicines that contain chemical drugs. The research method in this paper is normative or doctrinal research using a law approach, conceptual approach, and case approach. The research materials combined any legal material such as primary, secondary, and tertiary. The technique of processing legal materials is to inventory, identify, classify and systematize according to the hierarchy of the legislative order, and analyzed. The nature of this research is analytical descriptive. The results show that the rights and obligations as well as the forms of legal responsibility for the makers and distributors of traditional medicines, which are regulated in various laws that are still general in nature. The threat of sanctions for violations of traditional medicines containing medicinal chemicals can be criminal, civil, and administrative. It is hoped that there will be separate or special rules and laws governing the rights, obligations, and responsibilities for the makers and distributors of traditional medicines that contain chemical drugs.Keywords: chemical drugs; legal liability; traditional medicineAbstrakPenelitian ini bertujuan untuk menganalisis hak dan kewajiban pembuat maupun pengedar obat tradisional serta tanggung jawab hukum pembuat dan pengedar obat tradisional yang mengandung bahan kimia obat. Metode yang digunakan adalah yuridis normatif atau doktrinal menggunakan pendekatan hukum, pendekatan konseptual, serta pendekatan kasus. Bahan penelitian meliputi bahan hukum mulai dari primer, sekunder dan hingga tersier yang diolah menggunakan teknik pengolahan melalui inventarisasi, identifikasi, klasifikasi, kemudian disistemisasi sesuai urutan perundang-undangan melalui deskriptif analisis. Hasil penelitian menunjukkan bahwa hak dan kewajiban serta bentuk tanggung jawab hukum untuk pembuat dan pengedar obat-obatan tradisional diatur dalam berbagai peraturan dan undang-undang yang masih bersifat umum. Ancaman sanksi bagi pelanggaran obat-obatan tradisional yang mengandung bahan kimia obat-obatan dapat berupa pidana, perdata, hingga administratif sebagaimana yang tertuang dalam berbagai sumber hukum yang telah dianalisis. Diharapkan perlu adanya aturan dan undang-undang tersendiri yang mengatur hak, kewajiban serta pertanggungjawaban pembuat dan pengedar obat tradisional berbahan kimia obat.