scholarly journals HUKUM DAN HAK PASIEN DALAM MENDAPATKAN PELAYANAN KESEHATAN DI ERA PANDEMIK

2021 ◽  
Vol 9 (1) ◽  
pp. 65
Author(s):  
DWI UTORO

<p><em>The whole world community agrees that the right to health is a basic right (Fundamental Right) that is owned by every human being. The right to health which was previously seen as merely a private matter related to the fate or gift of God, has now undergone a very large paradigm shift into a legal right (legal rights) which is certainly guaranteed by the state. In the midst of the Covid-19 pandemic that has spread to almost all regions of Indonesia, the Government must be prepared to issue various strategic policies so that it can carry out its obligations to always guarantee the fulfillment of the right to health for all people. This research uses the method of library research with the statutory approach. This research found that the Government's policy to determine the Public Health Emergency status and choosing Large-Scale Social Restrictions as an option to respond to Public Health Emergency is a wise step, besides the Government must also pay attention to the economic and fiscal sectors according to the conditions and capabilities of the country.</em></p><p><strong>Keywords<em>:</em></strong><em> Right to health, health service, Pandemic Covid-19.</em></p><p> </p><p>Di tengah pandemi Covid-19 yang telah menyebar hampir ke seluruh wilayah Indonesia, Pemerintah harus sigap mengeluarkan berbagai kebijakan strategis agar dapat menjalankan kewajibannya untuk senantiasa menjamin terpenuhinya hak atas kesehatan bagi seluruh masyarakat. Penelitian ini menggunakan metode penelitian kepustakaan dengan pendekatan peraturan perundang-undangan. Penelitian ini menemukan bahwa Pemerintah terlalu lamban mengambil tindakan antisipatif maupun mitigasi dalam menanggulangi pandemi corona. Pada akhirnya Pemerintah menetapkan status Darurat Kesehatan Masyarakat dan memilih Pembatasan Sosial Berskala Besar sebagai opsi untuk merespons Kedaruratan Kesehatan Masyarakat, disamping Pemerintah juga tetap harus memperhatikan sektor ekonomi dan fiskal sesuai kondisi dan kemampuan negara.</p><p><strong>Kata Kunci:</strong> Hak Pasien, Pelayanan Kesehatan, Pandemi Covid-19.</p>

2020 ◽  
Vol 7 (6) ◽  
Author(s):  
Siti Nurhalimah

AbstractThe whole world community agrees that the right to health is a basic right (Fundamental Right) that is owned by every human being. The right to health which was previously seen as merely a private matter related to the fate or gift of God, has now undergone a very large paradigm shift into a legal right (legal rights) which is certainly guaranteed by the state. In the midst of the Covid-19 pandemic that has spread to almost all regions of Indonesia, the Government must be prepared to issue various strategic policies so that it can carry out its obligations to always guarantee the fulfillment of the right to health for all people. This research uses the method of library research with the statutory approach. This research found that the Government's policy to determine the Public Health Emergency status and choosing Large-Scale Social Restrictions as an option to respond to Public Health Emergency is a wise step, besides the Government must also pay attention to the economic and fiscal sectors according to the conditions and capabilities of the country.


2020 ◽  
Vol 20 (1) ◽  
pp. 41
Author(s):  
Hidayatullah Hidayatullah ◽  
Nasrullah Nasrullah

AbstractStarting from the outbreak of the Corona Virus pandemic (Covid-19) in the early 2020s including in Indonesia, humanity was shaken with a variety of panic. To cope with the Covid-19 pandemic outbreak, the Government of Indonesia established a public health emergency status and adopted a Large Scale Social Restrictions (LSSL) policy. However, this health law enforcement issues a new polemic for the society, for Indonesian Muslims who cannot worship in congregation in mosques or other places of worship. The purpose of this study is to analyze the LSSL Policy that implemented by the government from the perspective of al-Maqashid asy-Syar’iyyah. This research is a legal research with literature study method and normative juridical research. Thus, the legal material related to the LSSL policy imposed by the Government of Indonesia. Based on the results of the study showed that there are some differences and their consequences, but the theory of al-Maqashid asy-Syar’iyyah LSSL policy is one of the best choices in the framework of overcoming the Covid-19 pandemic outbreak in Indonesia.Keywords: Health Law, LSSL, Pandemic outbreak, Covid-19, Maqashid Syar’iyyah. AbstrakBeranjak dari mewabahnya pandemi Virus Corona (Covid-19) pada awal tahun 2020 termasuk di Indonesia, membuat umat manusia digoncang dengan berbagai kepanikan. Untuk menanggulangi wabah pandemi Covid-19, Pemerintah Indonesia menetapkan status kedaruratan kesehatan masyarakat dan memberlakukan kebijakan Pembatasan Sosial Berskalaa Besar (PSBB). Namun penegakan hukum kesehatan ini mengakibatkan polemik baru bagi masyarakat, terutama bagi kaum muslimin Indonesia yang tidak bisa beribadah secara berjamaah di masjid atau tempat ibadah lainnya. Tujuan penelitian ini untuk menganalisa kebijakan PSBB yang diterapkan Pemerintah dari sudut pandang al-Maqashid asy-Syar’iyyah. Penelitian ini merupakan penelitian hukum dengan metode studi kepustakaan dan dengan pendekatan yuridis normatif. Dengan demikian, yang menjadi bahan hukum adalah regulasi terkait kebijakan PSBB yang diberlakukan oleh Pemerintah Indonesia. Adapun hasil penelitian menunjukan bahwa meskipun memiliki berbagai dampak dan konsekuensinya, namun secara teori al-Maqashid asy-Syar’iyyah kebijakan PSBB merupakan salah satu pilihan terbaik dalam rangka penanggulangan wabah pandemi Covid-19 di Indonesia.Kata Kunci: Hukum Kesehatan, PSBB, Wabah Pandemi, Covid-19, al-Maqashid asy-Syar’iyyah.   


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 423
Author(s):  
Lefri Mikhael

The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.


Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Magnusson ◽  
I-Z Jama

Abstract The Right to health framework supports available, accessible and acceptable health care of high quality for all (AAAQ). Health of migrants often worsen in the new country. AAAQ may be hindered by poverty, discrimination, health cares' shortcomings and misunderstandings, respectively. Advocating for marginalised groups' Right to health include action. Interventions based on shared influence, participation and control need to be launched. Cultural mediators (CM), i.e. persons that are knowledgeable in both cultures and with networks in migrant groups help overcome lingual problems, lack of trust and uneven power relations. This resource needs to be further examined. How can a CM strengthen AAAQ in a public health setting? Women with Somalian origin living in an underserved neighborhood in Sweden contacted the Public Health Unit of a local hospital, asking for support for a health focused group-activity. Weight loss after delivery was a primary concern. Women gathered monthly 2018-19. The objective was to support healthy life style habits drawing on issues raised by the women. The intervention was conducted by group talks, led by the CM and a public health planner. Methods were based on Social Cognitive Theory focusing on self-efficacy. The CM recruited women, helped them to find the venue, encouraged them to trust the public health planner and broadened perspectives to include female genital mutilation, children's food, how to seek care and workforce issues. Trust developed over time. 70 women participated. Reported gains were raised awareness of ones' rights, increased self-efficacy in relation to food, physical activity and how to support children to a healthy life style. Support for a healthy lifestyle was made more available, accessible and acceptable by the cooperation with the CM, as was the quality of the support. A CM bridges distances regarding spoken language, trust and cultural understanding. S/he puts forward perspectives and needs from the group in question Key messages The Right to health framework highlights areas that need to be in focus when advocating for health equity. Health care workers in settings with many migrants should strive to include cultural mediators in planning, execution and evaluation of interventions.


Author(s):  
Mohammad Jahidur Rahman Khan ◽  
◽  
Selim Reza ◽  
Farzana Mim ◽  
Md Abdullah Rumman ◽  
...  

Rapid and accurate laboratory diagnosis of SARS-CoV-2 infection is crucial for the management of COVID-19 patients and control of the spread of the virus. At the start of the COVID-19 pandemic, Bangladesh had only one government molecular laboratory where real-time RT-PCR will be performed to diagnose SARS-CoV-2 infection. With the increasing number of suspected cases requiring confirmation diagnostic testing, there was a requirement to quickly expand capacity for large-scale testing. The government of Bangladesh established over 100 molecular laboratories within one year to test COVID-19. To fulfil the requirement for expanded testing, the government was compelled to recruit laboratory employees with inadequate experience, technical knowledge, and skills in molecular assays, particularly in processing specimens, interpreting results, recognizing errors, and troubleshooting. As a result, the risk of diagnostic errors, such as cross-contamination, is increased, as is that the risk of false-positive results, which might risk the patient’s health and undermine the efficacy of public health policies, public health response, surveillance programs, and restrictive measures aimed toward containing the outbreak. This review article aims to explain different sources of crosscontamination in the COVID-19 RT-PCR laboratories and the way to forestall them in efficient and practical ways.


2016 ◽  
Vol 24 (0) ◽  
Author(s):  
Asa Ebba Cristina Laurell

Objectives: This article analyzes the content and outcome of ongoing health reforms in Latin America: Universal Health Coverage with Health Insurance, and the Universal and Public Health Systems. It aims to compare and contrast the conceptual framework and practice of each and verify their concrete results regarding the guarantee of the right to health and access to required services. It identifies a direct relationship between the development model and the type of reform. The neoclassical-neoliberal model has succeeded in converting health into a field of privatized profits, but has failed to guarantee the right to health and access to services, which has discredited the governments. The reform of the progressive governments has succeeded in expanding access to services and ensuring the right to health, but faces difficulties and tensions related to the permanence of a powerful, private, industrial-insurance medical complex and persistence of the ideologies about medicalized 'good medicine'. Based on these findings, some strategies to strengthen unique and supportive public health systems are proposed.


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