Qualitative Study Of Health App On Loyalty
P. Santoso
2. Theory of Law and Social Change
According to Max Weber, the development of material law and procedural law follow certain stages, ranging from simple form to the most advanced stage in which law is organized systematically. He states that the changes of the law are in accordance with the changes that occur in the social system of society that supports the legal system. The law is said to be a tool for changing society, as it is known that the law was born by man and to guarantee the interests and rights of man himself. From this man the color of law and its application will determine what he will experience in the association of his life.6
4 Sulastomo, Sistem Jaminan Sosial Nasional, Sebuah Introduksi, Rajawali Pers, Jakarta, 2008, p. 1
5 Bernard L. Tanya et al., Teori Hukum Strategi Tertib Manusia Lintas Runag dan Generasi, Genta publishing, Yogyakarta, 2010, p. 91
6 Soedjono Dirdjosisworo, Sosiologi Hukum, Rajawali Pers, Jakarta, 1983, p. 15.
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172 Law is a tool to change society. It means that the law is used as a tool by the agent of change or a pioneer of change (a person or group of people who gain the trust of the community as the leader of the community institutions). A planned social change is always under control of the pioneer of the change. Therefore, if the government wants to establish bodies that have function to change society, then the law is required to establish the body to determine and limit its power. 7Implementation of Article 57 BPJS Law on Transformation of PT Askes (Persero) into BPJS Kesehatan.
The definition of policy implementation according to Van Metten and Van Horn is acts committed by individuals, officials, government, or private groups directed to achieve the objectives outlined in policy decisions.8
As it is known that PT Askes (Persero) is a State-Owned Enterprise (BUMN) that organizes a social security program, its capital is partly or wholly owned by the government. There are 3 kinds of BUMN:
a. Perjan is a BUMN whose capital is owned by the government. Perjan is service-oriented towards the community.
b. Perum is a Business Entity managed by State whose purpose is to gain profit and provide services to the public.
c. Persero is one of the Business Entities managed by State or Region. Unlike Perum or Perjan, the main purpose of establishing a Persero is to seek profit (commercial).
At the beginning, the form of business entity of PT Askes (Persero) was in the form of a public company (Perum) under the name of Perum Husada Bhakti and based on Government Regulation No. 6 of 1992, the status of Perum was changed to a company (PT) and then on January 1, 2014 PT Askes (Persero) changed its name to BPJS Kesehatan based on Law Number 24 of 2011 on BPJS.
Characteristics of BPJS Kesehatan that different from other BUMNs is to pursue profit in order to increase the value of the company. BPJS Kesehatan is oriented to serve community. It has a nonprofit principle, the management of trust funds by BPJS Kesehatan is not for profit (for profit oriented) but to meet the maximum interests of participants. Funds collected from participating are trust funds which is managed for the welfare of the participants. So the results of its development will be utilized as much as possible for the benefit of participants.
As a private legal entity, a Persero Company is not established by a state authority with a law but established by an individual, as any other public company should be registered with a Notary and authorized by the Ministry of Justice and Human Rights.
In contrast, the establishment of the Social Insurance Management Agency (BPJS) by state authorities is established under National Social Security System Act and Social Insurance Management Agency Act. The establishment of BPJS is not registered with a notary public and does not require the authorization of a government agency.
The main obstacle encountered by BUMN Persero is the ineffectiveness of social security law enforcement because there is no authority to regulate, supervise or impose sanctions on participants. On the contrary, the BPJS as a public legal entity has the power and authority to govern the public through the authority to make public binding regulations. As a public legal entity, BPJS is obligated to convey responsibility for the performance of its duties to the President. BPJS deliver its performance in the form of annual program management and financial report audited by a public accountant to the President with carbon copy to the National Social Security Board, no later than June 30th of the following year.
In 2004 the government established and enacted Law Number 40 of 2004 on National Security System as the implementation of Article 5 paragraph (1) and Article 52 of the National Social Security System Law after the Constitutional Court's decision No. 007 / PUU-III / 2005 dated 25 November 2011 and enacted Law Number 24/2011 on the Social Insurance Management Agency. BPJS Kesehatan starts to operate on January 1st, 2014 and PT Askes (Persero) was closed without liquidation. At the same time, the Minister of BUMN through the General Meeting of Shareholders approved the report on closing financial position of PT Askes (Persero) after the audit at the public accounting firm and the Minister of Finance authorized the opening financial position of BPJS Kesehatan and the opening social security fund report. For the first time, the Board of Commissioners and the Board of Directors of PT Askes (Persero) was appointed as BPJS Kesehatan Supervisory Board for a maximum period of 2 years since BPJS Kesehatan started to operate.
The final change from the transformation processes of BPJS is the change of organizational culture.9 In Article 40 paragraph (2) of BPJS Law, it requires BPJS to separate the assets of BPJS and the assets of the Social Security Fund.
7 Selo Soemardjan, Sifat-sifat Panutan di dalam Pandangan Masyarakat Indonesia. Masalah-masalah Ekonomi dan Faktor-faktor IPOLSOS, LEKNAS, MIPI, 1965, p. 26.
8 http// : www.el kawaqi.blogspot.com, Artikel Implementasi Menurut Para Ahli, 2012, accessed on 15th of Januari 2018.
9 Sulastomo, op.cit., p. 15.
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173 Article 40 paragraph (3) of the BPJS Law affirms that the assets of the Social Security Fund are not an asset of BPJS. This assertion ensures that the Social Security Fund is a trust fund of all participants and not the assets of BPJS.Furthermore, in Article 4 of BPJS Law, it regulates BPJS principles: principles of mutual cooperation, nonprofit principles, principles of openness, prudential principles, accountability principles, portability principles, compulsory membership principles and trust fund principles.
Juridical Implications of the Transformation of PT Askes (Persero) into BPJS Kesehatan.
The legal basis for the transformation of PT Askes (Persero) into BPJS:
1. Law Number 40 of 2004 regarding National Social Security System;
2. Law Number 24 of 2011 on BPJS.
Furthermore, the Government Regulation (PP) which regulates the implementation of BPJS Kesehatan are:
1. PP No. 90 of 2013 about revocation PP No. 28 of 2003 on Subsidies and Government Contributions in the Implementation of Health Insurance for civil servants and pension recipients;
2. PP no. 89 of 2013 about revocation PP no. 69 of 1991 on Health Maintenance of Civil Servants, Pension Recipients, Veterans of Independence Pioneers and Their Families;
3. PP No. 88 of 2013 on Procedures for Imposing Administrative Sanctions for Members of the Supervisory Board and Members of the Board of Directors of BPJS;
4. PP No. 87 of 2013 on Procedures for the Management of Social Security Assets;
5. PP No. 86 of 2013 on Procedures for Imposing Administrative Sanctions to the Procuring Entity other than the State Operator and Everyone, other than the Employer, Worker and Beneficiary of the Contribution in the Social Security Provider;
6. PP No. 85 of 2013 on Relationship between each BPJS.
Presidential Regulation (Perpres) which regulates BPJS Kesehatan are:
1. Perpres No. 32 of 2014 on Management and Utilization of National Health Insurance Capitation Fund at First Level Health Facility Owned by Local Government;
2. Perpres No. 11 of 2013 on Amendment to Perpres No. 12 of 2013 on Health Insurance;
3. Perpres No. 110 of 2013 on Salary or wages and other Additional benefits and Incentives for Members of the Board of Supervisors and Members of the Board of Directors of BPJS;
4. Perpres No. 109 of 2013 on Completion of Social Security Program Participation;
5. Perpres No. 108 of 2013 on Form and Content of Social Security Program Management Report;
6. Perpres No. 107 of 2013 on Certain Health Services Relating to the Operations of the Ministry of Defense, Indonesia National Army, and Indonesia National Police;
7. Perpres No. 12 of 2013 on Health Insurance.
From the various legal basis underlying the transformation of PT Askes (Persero) into BPJS whether it is based on the Law, Government Regulation, or Presidential Regulation, there are various impacts or consequences of it:
1. Impact for the company:
a) The Company must register its employees to BPJS Kesehatan.
b) Company are required to allocate funds to pay contributions to BPJS Kesehatan.
2. Impact for society:
a) Membership is mandatory.
b) Participants must pay the contribution.
Factors that impede the implementation of the National Health Insurance currently encountered by BPJS Kesehatan are:
1. Lack of socialization.
2. Inadequate number of health service facilities and uneven distribution, especially for remote areas, borders and islands with low service levels due to geographical conditions and poor health facilities in the area.
3. Lack of treatment room facilities resulting in many patients experiencing delay in handling because they have to wait for an empty treatment room to be served (especially at government hospitals).
4. The number of health personnel is less than the required amount.
5. The problem will arise in the contribution participants (PBI) because the data is not in accordance with conditions in the field so this causes serious problems.
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174 Closing1. Based on Government Regulation No. 6 of 1992 the status of Perum is changed to a Persero company and from January 1, 2014, PT Askes changed its name to BPJS Kesehatan based on Law no. 24 of 2011. At that time PT Askes (Persero) was closed without liquidation and also accompanied by the transfer of assets, rights and obligations of PT Askes (Persero) and its employees moved into BPJS Kesehatan.
Characteristics of BPJS is oriented to serve community. Funds collected from participants' contribution are trust funds that will be managed for the welfare of participants.
2. The juridical implications of PT Askes (Persero) transformation into BPJS Kesehatan is affecting the company where it is required to register its employees to BPJS Kesehatan and the company must allocate funds to pay the contribution of BPJS Kesehatan. Impact for participants or communities is participants must pay contributions to BPJS Kesehatan except for whose premium paid by the government.
BIBLIOGRAPHY Books
Dirdjosisworo, Soedjono, 1983, Sosiologi Hukum, Rajawali Pers, Jakarta.
Marzuki, Peter Mahmud, 2009., Penelitian Hukum, Kencana Prenada Media Group, Jakarta, Soekanto, Soerdjono, 2012, Pokok-Pokok Sosiologi Hukum, Rajawali Pers, Jakarta.
Soemardjan, Selo, 1965, Sifat-sifat Panutan di dalam Pandangan Masyarakat Indonesia. Masalah-masalah Ekonomi dan faktor-faktor IPOLSOS, LEKNAS, MIPI, Jakarta.
Subianto, Achmad, 2010, Sistem Jaminan Sosial Nasional, Gibon Books, Jakarta.
Sulastomo, 2008, Sistem Jaminan Sosial Nasional Sebuah Introduksi, Rajawali Pers, Jakarta.
Tanya, Bernard L.et.al, 2010, Teori Hukum Strategi Tertib Manusia Lintas Ruang dan Generasi, Genta Publishing, Yogyakarta.
Regulation
Constitution of Republic of Indonesia 1945
Law of RI No. 40 of 2004 on National Social Security System, LNRI of 2004 No. 150 TLNRI No. 4456.
Law of RI No. 24 of 2011 on Social Insurance Management Agency, LN RI of 2011 No. 116 TLN RI No.
5256.
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175 IMPLEMENTATION OF GOVERNMENT POLICY IN OWNERSHIPREGULATIONS OF LAND RIGHTS IN INDONESIA
(Strategic Thinking of Land Development And Management Of Agriculture & spatial Planning Ministry) Luluk Lusiati Cahyarini
Notaris PPAT Kab. Semarang.
Student of Doctoral Program Diponegoro University Email : [email protected]
ABSTRACT
This writing has background problem in land policy on land registration system centralistic to mastery setting, use, ownership, and utilization right on land cause ineffective and inefficient bureaucracy and public service.
It isn’t also supported yet in structure, substance, and good of bureaucratic culture. Land law product source on custom law and it must understand local autonomy concept and local wisdom well. Formalization of local autonomy constitution and authority of local government state that land field isn’t affair of central government. In fact Agrarian minister policy and ATR? Head of National Land Agency or BPN, is inconsistent on basic law that is law for justice and society welfare. Finally that policy causes problem.
Bureaucracy and state apparatus should have function to solve the problem, policy reality and land management are source of the problems. System which is built has marginalized the role of UUPA, on the process, the Ministry of Agrarian and spatial hasn’t manifested totally yet vission, mission, function and the important meaning of UUPA. The policy is still bias. The methodology of the study is socio legal with qualitative study with constructivism paradigm. The discussion is clone comprehensively with progressive law approach on social justice achievement. Strategic issue to solve the problems of professionalism SDM ATR and strategic governance thought, management system, and the quality guarantee of public service. It needs a radical agent, a visioner leader who has strategic thought, development and land management, who is clear, assertive and brave to do rule breaking or fundamental breakthrough on conventional land law system.
Keywords: Bureaucracy, Policy and Land management Introduction
The direction of land law policy needs to be designed to support democratization and the establishment of clean and good governance, characterized by rational government, transparency, and competition among departments in providing services, encouraging law enforcement, and providing public accountability regularly.
Guarantees of legal certainty on mastery, ownership, use and land utilization, arrangement related to land are sectoral ego among government departments. To solve those problems, the government needs to establish a "General Framework of National Agrarian Policy" as a guideline for all ; both government, private sector, and community / role occupant in dealing with land issues. The objective of national land policy should be the realization of the condition of people's prosperity as mandated by Article 33 Paragraph (3) of the Constitution of the Republic Indonesia, UUPA and MPR Decree IX / 2001 as a consequence of the Right to Control the State (HMN) on land management and other natural resources in a fair, transparent, participatory and accountable.
Empirical facts show that the implementation of the Right to Control the State on land is more dominated by foreign investors as well as domestic entrepreneurs who are more business oriented than sustainable development. The weakness ofpolicy and land management bring bad impacts. This Republic continues to be deprived and depleted its natural resources, and destroyed its social capital. Since OrdeBaru, every inch the archipelago has been broken down in the unit of economic sector policy which is ego sectoral. Land issues that arise from the surface need not only a handling of conflict resolution and dispute that can provide justice, but also how a system can provide a continuous or sustainable guarantee of social justice, so it can be felt by all the people of Indonesia. Conflict such as Mesuji land case in Lampung, also Bima land case, and other which is countless. Showing the weakness of our land system.
The land of Javanese philosophy is known as "sedumuk bathuk senyari bumi, tan lakoni pecahing dada lutahing ludhira". Land in understanding of the Javanese people is as the honor of a husband to the wife, where the honor of a wife must be maintained by the owner (husband), though only one touch of forehead, it is considered a harassment of moral ethics, as well as the land even though only inch will be struggled with the spill of blood and the spiral of life.
The land law policy covers the fundamental aspect that is the principle of fulfilling the people's constitutional rights in order to fulfill everyday need and appreciate the principle of human equality. The state basic, Pancasila, the Constitution of the 1945 Constitution and the legal basis of UUPA requires that the political direction and land management policy be able to make a real contribution in the process of realizing social justice and for the greatest prosperity for all Indonesian people.
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176 New directions of land law reform especially on land law policy must lead to the achievement of better Land Development and Management. The program needs to be designed to support democratization and the establishment of clean and good governance. The step which must be done soon is "President" must dare to assert a rational government, transparency and competitiveness among departments, in providing services, and encouraging law enforcement and willing to give public accountability regularlyMethodology
This study can be broadly grouped into socio-legal research approach. There are two aspects of research, first, the legal research aspect, that is the object of research still exist in the form of law in the meaning of
"norm" legislation, and second, socio research, that is used methods and social knowledge theory about law to assist researcher in do the analysis (Zamroni: 1992). This approach is done to understand the law in the context of society that is a non-doctrinal approach. Through this approach, the object of law will be interpreted as part of the social subsystem among other social subsystems. The understanding that law is a set of norms independent of social unity will only deny law attachment as the norm and the social basis.
Discussion
The fundamental change on Jokowi- JK cabinet is "Mental Revolution". It encourages and gives motivation for progressive lawyers to contribute on mental revolution, because it is very synchronized with the ideals of progressive lawmakers,SatjiptoRahadjo. The policy implementer must have a revolutionary soul of change. Policy makers (decision makers) must dare to do rule breaking against the imposition of laws on people and unfair. So implementer of the policy --- in this case is the Minister of Agrarian & Spatial Plans --- must be a person who has a radical agent who has a vigilant character, or a fighter who has volkgeist or nation soul. The essence of the legal system is as a reflection of people soul (nation soul) that developed the law.
1. Strategic Issues of Human Resources & Strategic Thinking of Human Resource Development