LEGAL PROTECTION OF THE STATE HOSPITAL AS THE IMPACT OF INDONESIAN

Abstract

The purpose of this study is to analyze the legal consequences of implementing Indonesian Case Based Groups in Hospitals and to analyze government hospital laws on the implementation and services in hospitals as a result of the tariffs of Indonesian Case Based Groups. Several studies have found that a number of cases in hospitals have higher rates than BPJS Kesehatan payments, while other cases, for example with a lower severity level, hospital rates are still lower than INA-CBGs rates.The application of the INA-CBGS tariff in health services creates several legal consequences that intersect with administrative law in relation to abuse of authority, criminal law in relation to criminal acts of corruption and civil law in relation to the dispute resolution process, namely the existence of a mediation process beforehand. The form of legal protection for government hospitals in carrying out health services as a result of the INA CBGS Tariff is regulated in several regulations, namely as stated in Article 50 letter a. The Medical Practice Law and Article 75 of the Health Personnel Law, Article 45 of the Hospital Law paragraph (2), Article 58 of Law No. 36 of 2009 Concerning Health, and internally hospitals can also be regulated in Hospital by Laws and can also be in the form of a Director's Regulation Hospital.