Open AccessTHE RECONSTRUCTION OF PROGRESSIVE LAW BASED BUREAUCRATIC LEGAL CULTURE OF HEALTH CARE SERVICES
Author(s) -
Jamiat Akadol
Publication year - 2019
Publication title -
international journal of law, government and communication
Language(s) - English
Resource type - Journals
ISSN - 0128-1763
DOI - 10.35631/ijlgc.4150027
Subject(s) - bureaucracy , legal culture , health care , political science , economic justice , legal research , sociology , public administration , law , public relations , politics
Bureaucratic legal culture in health care services is extremely important. The expected bureaucratic legal culture is the one that is fair for the public so that the healthcare services can satisfy and be accepted by the public. The importance of bureaucratic legal culture in health care services becomes the reason why this research is done. The proposed research questions for the study on bureaucratic legal culture in health care services for mothers and babies are: (1) How is the current bureaucratic legal culture in health care services? (2) Why hasn’t the current bureaucratic legal culture reflected the sense of justice for the people? (3) How should the ideal construction of progressive law-based bureaucratic legal culture in the health care services be to reflect the sense of justice for the people? This is qualitative research, which uses the synergy between constructivism paradigm and a socio-legal approach. To reveal the practice of bureaucratic legal culture in the health care services, some theories of symbolic interaction, legal culture, bureaucratic, state administration, and power of authority are used. The participants of the study are determined through a purposive sampling method. The data gathering method is done through interviews, focus group discussions, and participant observation, which is analyzed by using an interactive method. This research showed that the bureaucracy in health care services applied Weberian and Marxian’s models, which influenced the bureaucratic legal culture, resulted in the practice of health care services. The community’s rights to attain fairness in health care services were ignored because of the economic and power factors that were in line with paternalistic and patron-client cultures, as well as the legal factor that did not side to the disadvantaged community and the people in the border areas. The principles of progressive law had been applied but they had not been understood thoroughly and done consistently to form a bureaucratic legal culture in health care services. Therefore, the bureaucratic legal culture in health care services should be reformed by using the principles of progressive law.