198 https://oamjms.eu/index.php/mjms/index
Scientifc Foundation SPIROSKI, Skopje, Republic of Macedonia
Open Access Macedonian Journal of Medical Sciences. 2023 Feb 26; 11(E):198-202.
https://doi.org/10.3889/oamjms.2023.8941
eISSN: 1857-9655
Category: E - Public Health
Section: Public Health Legislation
Consumer Legal Protection for Patients and the Quality of Health
Services in Hospitals
Rina Arum Prastyanti
1
*, Aris Prio Agus Santoso
1
, Siwi Ellis Saidah
2
, Ayesha Hendriana Ngestiningrum
3
, Arief Budiono
4
1
Department of Law, Faculty of Law, Universitas Duta Bangsa, Surakarta, Indonesia;
2
Department of Law, Faculty of Law,
Universitas Muhammadiyah Ponorogo, East Java, Indonesia;
3
Department of Midwifery, Politeknik Kesehatan Surabaya,
Surabaya, Indonesia;
4
Department of Law, Faculty of Law, Universitas Muhammadiyah Surakarta, Surakarta, Indonesia
Abstract
BACKGROUND: Health development is part of Indonesia’s national development. It is implemented by creating a
social security system run by the Social Security Administrator for Health (Badan Penyelenggara Jaminan Sosial
Kesehatan/BPJS Health) based on Law No. 24 of 2011.
AIM: This study analyzes the legal protection for BPJS health participants who are hospital inpatients. It also
discusses their rights and obligations that are yet unfulflled.
METHODS: This research uses the juridical doctrinal or normative method. This is descriptive research with a
qualitative approach.
RESULTS: As patients, BPJS health participants’ rights are legally protected by Law No. 36 of 2009 on Health and
Law No. 44 of 2009 on Hospitals. Unfortunately, some participants often experience problems when they require
hospitalization. For instance, there is usually a lack of information on the provision of treatment rooms. Another issue is
that the BPJS patients often only obtain a 3-day hospitalization facility as the fee allocation from BPJS health has run out.
CONCLUSION: Thus, it is concluded that there is adequate legal protection for BPJS health patients who are
hospitalized both as consumers and as BPJS health participants. However, there are still issues with its application.
The participants who feel harmed by the treatment may fle a lawsuit on consumer protection concerning the
inadequate services or a lawsuit on malpractice if there are violations.
Edited by: Sasho Stoleski
Citation: Prastyanti RA, Santoso APA,
Saidah SE, Ngestiningrum AH, Budiono A.
Consumer Legal Protection for Patients and
the Quality of Health Services in Hospitals.
Open Access Maced J Med Sci. 2023 Feb 26; 11(E):198-202.
https://doi.org/10.3889/oamjms.2023.8941
Keywords: Consumer protection; Social security
administrator; Health services; Quality; Hospitals
*Correspondence: Rina Arum Prastyanti, Department of
Law, Faculty of Law, Universitas Duta Bangsa, Surakarta,
Indonesia. E-mail: rina_arum@udb.ac.id
Received: 23-Jul-2022
Revised: 05-Dec-2022
Accepted: 16-Feb-2023
Copyright: © 2023 Rina Arum Prastyanti,
Aris Prio Agus Santoso, Siwi Ellis Saidah,
Ayesha Hendriana Ngestiningrum, Arief Budiono
Funding: This research did not receive any fnancial support
Competing Interests: The authors have declared that no
competing interests exist
Open Access: This is an open-access article distributed
under the terms of the Creative Commons Attribution-
NonCommercial 4.0 International License (CC BY-NC 4.0)
Introduction
Health development aims to increase
people’s health rate. It is part of Indonesia’s national
development [1], as stated in the Article 28 letter (h)
of the 1945 Constitution, that everyone has the right
to obtain health services. Furthermore, the Amendment
of the 1945 Constitution Article 34 clause (2) states
that “The state develops a social security system for
all Indonesians.” The social security system is followed
up with Law No. 40 of 2004, which proves that the
government has a great commitment to achieving
social welfare for all citizens [2].
The social security system is run by the Social
Security Administrator for Health (Badan Penyelenggara
Jaminan Sosial Kesehatan/BPJS Health) based on Law
No. 24 of 2011 Article 5. It aims to protect all citizens
with affordable premiums and extensive coverage. The
aim of health is to increase the awareness, interest,
and ability to live healthily as an investment for the
sociological and economic development of productive
human resources [3].
Patient satisfaction is a crucial element in
evaluating service quality. It is required to assess
health services to further develop them [4], [5]. Service
quality may be perceived from the harmony between
the parameters of the health facility qualities and the
legal protection of consumers.
This study analyzes the legal protection for
BPJS health participants who are hospital inpatients.
BPJS health patients are protected by the law, but there
are still weaknesses in its implementation. This causes
conficts between the patients and the hospital [6]. Due
to this confict, there must be a restatement on the
rights and obligations of BPJS health participants of the
health services in hospitals. This study also discusses
their rights and obligations that are yet unfulflled
while becoming inpatients in hospitals. Based on the
background above, the writers will analyze the legal
protection of BPJS health participants by using their
rights to obtain satisfactory services in hospitals.
Methods
Rahayu [7] stated that research is, “A systematic
thought on various problems whose resolutions require
Since 2002