CD Tesis
Analisis Hukum Potensi Tindak Pidana Korupsi Dalam Perjanjian Kerjasama Antara Badan Penyelenggara Jaminan Sosial Kesehatan Dengan Penyedia Fasilitas Kesehatan Dalam Sistem Jaminan Kesehatan Nasional
The potential for corruption in the cooperation agreement between
providers and non-government health facility providers can be carried out by
anyone who is included as a stakeholder in the JKN system. Acts that occur in the
implementation of basic public health services organized by BPJS Health through
service providers are not in accordance with Presidential Regulation number 12
of 2021 which is a change from Presidential Regulation Number 16 of 2018
concerning Government Procurement of Goods/Services, and is directly
proportional to the Act. Corruption Eradication Act Number 31 of 1999 as
amended to Law number 20 of 2001.The formulation of the first problem is what
are the opportunities for potential criminal acts of corruption in the cooperation
agreement between BPJS Health and Health Facility providers in the JKN system,
second how is the legal analysis of the potential for corruption in the cooperation
agreement between BPJS Health and Health Facility providers in the JKN system,
third how is the regulation arrangement in the cooperation agreement for the
procurement of goods and services by providers in the context of preventing
corruption. The method used is normative legal research or doctrinal legal
research or library research, namely written legal research that is studied from
various aspects. The approach used by the author is a case study of a judge's
decision which has permanent legal force. The results of the study thatin the
cooperation agreement between BPJS Health and health facility providers in the
JKN system there is the potential for criminal acts of corruption, namely state
financial losses and conflicts of interest that can be carried out by ASN/PNS
personnel who are providers in the implementation of basic health services. This
fulfills the elements of unlawful acts related to the laws and regulations
concerning the procurement of government goods and services and Law Number
31 of 1999 concerning the Eradication of Criminal Acts of Corruption as
amended by Law Number 20 of 2001.. While the Concepts and Efforts to
Overcome the ProblemsBy eliminating legal loopholes and creating legal
certainty for providers of health care facilities in collaboration with BPJS Health
and state administrators involved, it is necessary to arrange regulations and nonregulations
related to Civil Servants as providers of health service facilities in the
National Health Insurance Program.
Keywords: Corruption Crime; Cooperation agreement; BPJS Health
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