Political Legal Study of Article 21 of Law Number 44 of 2009 Concerning Hospitals in the Perspective of Article 34 paragraph (3) of the 1945 Constitution and Pancasila

Abstract

The presence of private hospitals as stipulated in Article 21 of the Hospital Law, private hospitals that are managed in the form of a Limited Liability Company or Limited Liability Company has the effect of shifting the aim of the existence of a Hospital which was previously social humanity to a place to seek economic profit which is divided into shares. Fulfillment of health, one of which is the provision of hospitals which is the responsibility of the government, which cannot be transferred to the private sector such as a Limited Liability Company, this has been clearly regulated in Article 34 paragraph (3) of the 1945 Constitution. This then becomes the author's background in writing this study. , entitled "Legal Political Study of Article 21 of Law Number 44 of 2009 concerning Hospitals in the Perspective of Article 34 paragraph (3) of the 1945 Constitution". This study is focused on two main problems, namely; (1) Is a Hospital managed by a legal entity with the aim of profit in the form of a Limited Liability Company or a Company complying with Article 34 paragraph (3) of the 1945 Constitution as the basis for Indonesian Legal Politics? (2) How should legal politics regulate the form of private hospitals in the future? The research method used is normative law which is qualitative in nature, this study concludes that the first is that the presence of a private hospital managed by a limited liability company legal entity is contrary to Article 34 paragraph (3) of the 1945 Constitution and Pancasila as the political basis of national law. And the second is that in the future the form of a private hospital legal entity should not be in the form of a PT, but should be in the form of foundations and associations.