scholarly journals TINJAUAN PENANGANAN KASUS MALPRAKTEK MEDIS DI PENGADILAN PIDANA DALAM PERSPEKTIF HUKUM KESEHATAN

2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Albertus Soge
Keyword(s):  
Health Services ◽  
Medical Practice ◽  
Medical Malpractice ◽  
Legal Protection ◽  
Criminal Court ◽  
Health Law ◽  
Long Period ◽  
Legal Uncertainty ◽  
The Law

Legislation on Health Law is a Lex Specialist law that contains exceptional norms for legal protection for providers and receivers of health services. Law Number 36 of 2009 on Health and Law Number 29 of 2004 on Medical Practice are not used consistently in resolving medical malpractice cases in the Criminal Court, thus causing injustice and legal uncertainty. Incorrect application of the law and a long period of cases resolution in court requires reform in handling medical malpractice cases.

scholarly journals Tanggung Gugat Resiko Dalam Aspek Hukum Kesehatan

SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 149
Author(s):  
Arman Anwar
Keyword(s):  
Health Care ◽  
Health Services ◽  
Medical Practice ◽  
Health Personnel ◽  
Health Workers ◽  
Medical Personnel ◽  
Hospital Staff ◽  
Health Law ◽  
The Republic

Health is a fundamental need for every human being in his life and to meet these needs the role of doctors and health workers is very important. Doctors and Health care in providing health services to the community is always required in order to provide the best service. So with the Hospital. However, the health services provided may result in two different possibilities of the patient being cured or even worsening the disease until death. If the patient recovers it will flow millions of praise and abundant various forms of appreciation that he receives but if that happens is the opposite then in certain conditions where the patient feels aggrieved can culminate until the lawsuit to court. In medical practice, doctors do not work alone but are also often assisted by other health workers. Likewise Hospital as a corporation employs doctors and health workers to provide health services to the community. If in the event of any medical treatment from medical personnel to medical personnel and/or Hospital to the physician and at risk of mistake or negligence in the health service, then the loss suffered by the patient may result in risks (risico aanspraklijkheid) based on Article 1367 paragraph (3) BW. In the context of health law regulated in Article 65 of Law Number 36 Year 2014 on Health Personnel, and Article 35 Paragraph 6 of Law Number 38 Year 2014 on Nursing and Article 23 Paragraph (3) point c Regulation of the Minister of Health of the Republic of Indonesia No. 2052 / Menkes / Per / X / 2011 About Practice License and Implementation of Medical Practice as well as Article 46 Act Number 44 of 2009 About Hospital that is Hospital is legally responsible for all the losses caused by negligence made by health personnel in the Hospital. Efforts to prevent it internally need to agree on the rights and obligations of each party in a specified standard of conduct that is proportionally regulated and based on equitability values, either in the form of Hospital by Law as well as the prevailing rules binding on all staff within a hospital staff (Medical staff by law).

scholarly journals TINJAUAN YURIDIS KEDUDUKAN HUKUM PARA PIHAK DALAM PERJANJIAN TERAPEUTIK

TAHKIM ◽  
2018 ◽  
Vol 14 (2) ◽  
Author(s):  
Evy Savitri Gani
Keyword(s):  
Consumer Protection ◽  
Medical Practice ◽  
Legal Status ◽  
Legal Protection ◽  
Health Law

This paper examines the legal status of the parties to the therapeutic agreement. The problem in this paper is how the legal status of the parties to the treaty is therapeutic and what is the legal protection for the patient in the therapeutic covenant. Data were collected through review of laws, books or literature and analyzed descriptively qualitatively. The results showed that the position of the parties between patients and doctors according to law equal or balanced. This is reflected in the rights and obligations set forth in the legislation in the field of health. While the form of legal protection is also reflected in Law Number 36 Year 2009 on Health, Law Number 29 Year 2004 About Medical Practice and Law Number 8 Year 1999 About Consumer Protection.

scholarly journals LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES

2020 ◽  
Vol 4 (1) ◽  
pp. 24
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Informed Consent ◽  
Health Services ◽  
Medical Malpractice ◽  
Medical Service ◽  
Health Workers ◽  
Legal Protection ◽  
Professional Standards ◽  
The Public ◽  
Library Research ◽  
Service Standards

Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.

scholarly journals Perlindungan Konsumen Terhadap Peredaran Produk Kesehatan Ilegal di Era Pandemik Covid-19 Di Kota Ambon

SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 160
Author(s):  
Theresia Louize Pesulima ◽  
Jenny Kristiana Matuankotta ◽  
Sarah Selfina Kuahaty
Keyword(s):  
Health Services ◽  
Research Methods ◽  
Legal Protection ◽  
Quality Monitoring ◽  
Municipal Administration ◽  
Empirical Law ◽  
Health Products ◽  
The Law ◽  
Industry And Commerce ◽  
The City

This study swapped to know and analyze the protection of the law against consumen over the illicit circulation of health products in the covid-19 pandemic in the city of Ambon and the takes of the territory of the illegal health products in the covid -19 pandemic in the city of Ambon. The study was a sociolegal research. Which is the combination of research methods of doctrinal law research and empirical law research methods. The study was conducted in the municipal administration of Ambon, in the city of Ambon health services, in the industry and commerce of the province of Maluku and in the large hall of the Maluku drug and food centers. This type of data is primer data and seconder data through literature studies and interviews shown by the study shows that quality monitoring in done by both preventive and repressive governments in the pandemic covid-19 of Ambon, it is a legal protection for consumers against illegal health products that are unqualified and consumer helath standards and health that are circulated on the market according to prevailing legislation regulations.

scholarly journals Rethinking Informed Consent: The Case for Shared Medical Decision-Making

2006 ◽  
Vol 32 (4) ◽  
pp. 429-501 ◽  
Author(s):  
Jaime Staples King ◽  
Benjamin W. Moulton
Keyword(s):  
Informed Consent ◽  
Health Services Research ◽  
Health Services ◽  
Medical Practice ◽  
Medical Decision ◽  
Biomedical Science ◽  
Legislative Process ◽  
Services Research ◽  
Legal Standards ◽  
The Law

In law, with rare exception such as legislative action, change is evolutionary and methodical. Unlike biomedical science where a breakthrough can quickly lead to dramatic changes in medical practice, legal precedent is more adherent and must evolve either through the legislative process or on a court by court basis in case law. Nevertheless, compelling evidence will pave the road to change within the law. Health care research conducted over the last three decades has produced a body of empirical evidence that suggests an overhaul of our current legal standards of informed consent is overdue.This article uses health services research to examine the fundamental assumptions of our current informed consent laws and propose legal reform. Much has been written on how to bring the law to bear on medical practice in order to improve patient rights and protect physicians, but far less has been done to bring the practice of medicine to inform our legal standards. Prior legal scholarship on informed consent has made arguments regarding reform from both ethical and legal perspectives; however, only a small few have incorporated clinical and health services research as well as ethical and legal principles to analyze informed consent.

scholarly journals PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS

2017 ◽  
Vol 4 (1) ◽  
pp. 24
Author(s):  
Setyo Trisnadi
Keyword(s):  
Medical Practice ◽  
House Of Representatives ◽  
Health Personnel ◽  
Legal Protection ◽  
Secondary Data ◽  
Medical Disputes ◽  
Medical Dispute ◽  
The Law ◽  
The Government ◽  
Article 50

This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctorsviolate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements” ranging from inquiry, investigation, prosecution if necessary to verdict.

CRIMINAL RESPONSIBILITIES OF PHYSICIANS IN MEDICAL MALPRACTICE

2021 ◽  
Vol 7 (44) ◽  
pp. 2227-2242
Author(s):  
Hüseyin ERİŞ ◽  
Filiz KIROĞLU
Keyword(s):  
Medical Malpractice ◽  
Health Personnel ◽  
Healthcare Professionals ◽  
Health Workers ◽  
Criminal Liability ◽  
Health Sector ◽  
Penal Code ◽  
Health Law ◽  
The Face ◽  
The Law

The aim of this study is to determine the criminal responsibilities of health workers in the relevant laws on medical malpractice in the health sector and to reveal the factors in the formation of medical malpractice. This study is a descriptive study. With the information obtained as a result of the Turkish Penal Code No. 5237, the Law No. 1219 on the Practice of the Style of Medicine and Medical Arts, the Law No. 1593 on Public Health, the Law on the Turkish Medical Association No. 6023, the Turkish Code of Obligations, the Patient Rights Regulation and literature reviews, the medical malpractice of health workers criminal liability has been compiled. In recent years, serious educational studies have been carried out on the subject of medical malpractice and information activities have been carried out on this subject both to health workers and patients. Especially when the awareness about medical malpractice started to increase in patients and their relatives, serious lawsuits were filed against health personnel due to simple mistakes made. Health workers have to defend themselves in the face of these lawsuits. Because serious steps have not been taken yet on Medical Malpractice in the Turkish Penal Code. For this reason, both the court committee, the patient, the health institution and its employees face some difficulties in this process. In particular, healthcare professionals are faced with a serious lack of knowledge about the criminal liability of medical malpractice. Since the laws regarding the health law in our country are not fully regulated, these cases can only be heard in a lawsuit to be opened due to the fault of the health personnel, according to the provisions of the Turkish Penal Code and the Code of Obligations. These lawsuits are carried out in the form of criminal cases, material and moral compensation cases. Therefore, the litigation process may take longer. For this reason, special arrangements to be made regarding medical malpractice in the field of health law will be important in concluding such cases as soon as possible by ensuring that such cases are handled more objectively in terms of the defendant and the plaintiff. It is necessary to determine the rights and duties of both patients and healthcare professionals by carrying out a study with broad participation by health sector representatives, especially lawyers, in order to overcome this deficiency.

scholarly journals POLITIK HUKUM DALAM MENATA REKAM MEDIS SEBAGAI SARANA PERLINDUNGAN HUKUM TERHADAP RUMAH SAKIT, DOKTER DAN PASIEN

2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Anny Retnowati
Keyword(s):  
Health Care ◽  
Key Words ◽  
Medical Record ◽  
Medical Practice ◽  
Legal Protection ◽  
Public Welfare ◽  
Health Law ◽  
New Paradigm ◽  
Hospital Doctor ◽  
Legal Policy

<p align="center">Abstract</p><p><em>The purpose of this article is to discuss about legal provision of medical record based on  legal policy of Indonesia as stated in the preamble of the 1945 constitution, that is “to protect all Indonesian people and to give public welfare based on Five principles</em>.”  <em>Such legal policy is harmonized with new paradigm in handling health problems stated at Icpd in cairo 1994 and then arranged in lower legal statutes such as Medical practice Law, Health Law, Hospital Law and Health Minister’s regulation No</em>. <em>269/MENKES/pEr/ III/2008 on Medical record which can be used as means to give legal protection to hospital, doctor and patient whenever these three parties are involved in a legal conflict dealing with health care and services</em>.</p><ul><li><strong>Key words: </strong><em>legal policy</em>, <em>medical  record,  legal  protection, legal conflict , health care and services.</em></li></ul><p align="center"><strong>Abstrak</strong></p><p>Tulisan ini bertujuan untuk membahas tentang pengaturan hukum terhadap rekam medis berdasarkan politik hukum Indonesia sebagaimana tercantum dalam Pembukaan UUD 1945, yaitu “melindungi segenap bangsa Indonesia dan untuk memajukan kesejahteraan umum berdasarkan Pancasila.” Politik hukum tersebut diharmonisasikan dengan paradigma baru dalam penanganan masalah kesehatan yang dicanangkan pada <em>Icpd </em>Kairo 1994, lalu kemudian dijabarkan dalam peraturan perundang-undangan yang lebih rendah seperti UUPK, UUK, UURS dan Permenkes No. 269/MENKES/PER/III/2008 tentang Rekam Medis yang dapat digunakan untuk memberikan perlindungan hukum  terhadap rumah sakit, dokter dan pasien manakala terjadi konflik hukum dalam sistem pemeliharaan dan pelayanan kesehatan yang melibatkan ketiga pihak tersebut.</p><ul><li><strong>Kat</strong><strong>a kunci: </strong>politik hukum, rekam medis, perlindungan hukum, konflik hukum, pemeliharaan dan pelayanan kesehatan.</li></ul>

scholarly journals Perlindungan Hukum terhadap Notaris Penerima Protokol: Bentuk dan Batasan

2021 ◽  
Vol 4 (1) ◽  
pp. 213-244
Author(s):  
Yetniwati Yetniwati ◽  
Taufik Yahya ◽  
Diana Amir
Keyword(s):  
Retention Time ◽  
Legal Protection ◽  
Retirement Age ◽  
Public Official ◽  
Court Decisions ◽  
Age Changes ◽  
Legal Uncertainty ◽  
The Law ◽  
Laws And Regulations

A notary is a public official authorized to draw up and keep authentic deeds and other documents permitted by laws and regulations. Whenever a notary dies, or reaches retirement age, changes his/her domicile or profession, he/she shall submit his/her retired notary protocol to another notary appointed by the Regional Supervisory Council. The submission of notary protocol is regulated in Article 65 of the Law on Notary Positions, yet without legal protection. In some cases, court decisions are found to have imposed sanctions upon a notary who received the protocol despite the mistake of the notary protocol giver. This article encourages that the notary who receives the protocol be provided with legal protection, because he/she is only the party who receives the protocol made by another notary. The imposition of responsibility upon the notary protocol recipient  regarding the contents of the deed he/she keeps will only lead to injustice and legal uncertainty. Since no regulation has been provided concerning to such  matter, it is necessary to afford legal protection which comprises: the responsibility of the heirs of the notary (giver); the limitation of the responsibility of the protocol recipient; the limitation of protocol retention time; and the necessity of storing notary protocols in the form of microfilm. Nevertheless, the notary  protocol recipient shall also have limited protection, in the sense that he/she can be held accountable with respect to the obligation to keep the notary protocol he/she receives in proper ways. Abstrak Notaris adalah pejabat umum yang berwenang membuat dan menyimpan akta dalam bentuk akta otentik, serta dokumen lain yang diperbolehkan oleh perundang-undangan.  Setiap notaris yang meninggal dunia, mencapai usia pensiun, pindah domisili, atau pindah profesi, wajib menyerahkan protokol notarisnya kepada notaris lain yang ditunjuk oleh Majelis Pengawas Daerah. Pengaturan penyerahan protokol notaris diatur dalam Pasal 65 Undang-undang Jabatan Notaris, namun tidak dengan perlindungan hukumnya. Dalam beberapa kasus dijumpai putusan pengadilan yang memberikan sanksi kepada notaris penerima protokol sekalipun berkaitan dengan kesalahan notaris pemberi protokol. Artikel ini mendorong agar notaris penerima protokol mendapatkan perlindungan hukum, sebab ia hanya sebagai pihak yang menerima protokol yang dibuat oleh notaris lainnya. Pembebanan tanggung jawab kepada notaris penerima protokol terkait isi akta yang disimpannya justru akan menyebabkan ketidakadilan dan ketidakpastian hukum. Oleh karena sejauh ini belum ada pengaturannya, maka perlu diupayakan perlindungan hukum yang meliputi: tanggung jawab ahli waris notaris (pemberi); batasan tanggung jawab penerima protokol; batasan waktu penyimpanan protokol; dan keharusan penyimpanan protokol notaris dalam bentuk mikrofilm. Meski demikian, notaris penerima protokol tentu harus pula dibatasi perlindungannya, dalam artian dapat dimintai pertanggungjawabannya, yaitu dalam hal keharusannya menyimpan protokol notaris yang diterimanya secara patut.

scholarly journals Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty

2020 ◽  
Vol 19 (3) ◽  
pp. 710
Author(s):  
I Wayan Surya Hamijaya J
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Competent Authority ◽  
Legal Protection ◽  
Legal Certainty ◽  
Over The Counter ◽  
Secondary Markets ◽  
Legal Uncertainty ◽  
The Law

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty. 

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