scholarly journals PERLINDUNGAN HUKUM DAN HAK MEMPEROLEH KESELAMATAN KERJA BAGI TENAGA KESEHATAN AKIBAT PANDEMI COVID-19

2021 ◽  
Vol 13 (2) ◽  
pp. 303
Author(s):  
Dwi Armeilia

Medical workers are a noble profession, especially amid the Covid-19. One of the aspects that have received the most impact from this pandemic is in the health sector. The problems in the health sector have become increasingly dangerous in the era of the Covid-19 Pandemic in Indonesia. The current condition is a concern for all people regarding efforts to control and overcome the Covid-19 Pandemic in Indonesia. This includes doctors and other health professionals. The number of deaths of medical personnel, especially doctors and nurses, is increasing. This research focuses on Indonesia's legal policies regulating protection and the fulfillment of safety work rights for health workers who are dealing with the pandemic. The legal method used in this research is normative legal research. The results show that legal protection and fulfillment of the right to safety for medical personnel have been regulated in legislation. However, these provisions do not specifically regulate the potential dangers of the spread of the Covid-19 virus.

2021 ◽  
Vol 2 (8) ◽  
pp. 1381-1391
Author(s):  
Yana Sylvana ◽  
St. Laksanto Utomo

In Indonesia, the Covid-19 pandemic is entering a critical period. Health workers are a profession that is on the cutting edge of the fight against Covid-19. In these circumstances, health workers may have to put their lives on the line to safeguard the public from the development of the Covid-19 pandemic. The discussion's findings suggest that the legal protection of health workers' workplace safety as a result of the Covid-19 outbreak has not been properly applied, as required by law. During the Covid-19 pandemic, the rights of health professionals were still being ignored and not being met. As a result, the worldwide government's role and obligations are required to ensure that health professionals' rights as frontline responders to the spread of Covid-19 in Indonesia are respected. However, in fact, misunderstandings that lead to mediation are still common in the sphere of injustice, as are cases-certain bad cases 2 that could result in a repeat of events since there is no protective force or penalty that would prevent a person from behaving as a victim. In this study, the legal method adopted was normative legal research. The findings reveal that medical personnel's legal protection and right to safety have been regulated by legislation. These provisions, on the other hand, do not address the possible consequences of the Covid-19 virus spreading.


2021 ◽  
Vol 2 (3) ◽  
pp. 109-219
Author(s):  
Siti Soekiswati ◽  
Umi Budi Rahayu ◽  
Arif Pristianto ◽  
Silvia Rahma Maulida

ABSTRAKLatar Belakang : Tenaga medis dan kesehatan mempunyai peran krusial dalam menghadapi pandemi Covid-19 secara langsung menangani pasien yang terjangkit virus Covid-19. Telah banyak kejadian menyebutkan bahwa ketidakadilan berupa tindakan maupun perkataan yang dialami tenaga medis dan kesehatan. Melihat dari ketetapan perundang–undangan sebagai dasar hukum, maka hak atas perlindungan hukum bagi tenaga medis dan kesehatan harusnya sangat diperhatikan untuk kesejahteraan pelayan kesehatan lebih khususnya di masa krisis pandemi Covid-19 seperti ini. Namun dalam praktiknya di lapangan ketidakadilan masih sering terjadi dan dianggap terjadi kesalahpahaman yang berujung mediasi, walaupun begitu dalam kasus–kasus tertentu yang sangat merugikan hal tersebut dapat menyebabkan kejadian terulang kembali karena tidak ada ketegasan hukum yang mengawal dan sanksi yang membuat pelaku tidak mendapat efek jera. Tujuan : Mengetahui regulasi yang ada sebagai upaya perlindungan hukum bagi tenaga medis dan kesehatan dimasa pandemi Covid-19. Metode : penelitian ini merupakan jenis penelitian empiris melalui pendekatan kualitatif dengan output deskriptif analitis. Teknis pengambilan sampel dengan menyebarkan kuesioner ditentukan oleh purposive sampling. Hasil : Data yang diperoleh dari kuesioner diperoleh angka 74,1% menyatakan telah menerapkan perlindungan hukum diikuti 22,4% mengatakan belum sepenuhnya dan 3,5% tidak menerapkan perlindungan hukum. Kesimpulan : Berdasarkan data primer yang telah peneliti peroleh serta ditunjang dengan data sekunder, perlindungan hukum bagi tenaga medis dan kesehatan di masa pandemi Covid-19s yang dilaksanakan di RSU Fastabiq Sehat PKU Muhammadiyah Pati dapat disimpulkan dalam keadaan baik ataut  telah diterapkan sebagai mana mestinya. Sehingga tenaga medis dan kesehatan tidak perlu khawatir mengenai keselamatan sebagai individu yang berhak mendapatkan perlindungan hukum terkhusus dibawah naungan instansi yang ditempatinya. Kata kunci: perlindungan hukum, tenaga medis dan kesehatan, pandemi Covid-19.   ABSTRACTBackground : Medical and health workers played a crucial role in dealing with the covid-19 pandemic that directly dealt with patients infected with the covid-19 virus. Many have mentioned the unfairness of both the actions and the words of health and medical personnel. Judging by law enforcements-invitations asa legal basis, then the right to safeguard the law for health and medical personnel should be given more than the welfare of health servants in times like the covid-19 pandemic crisis. But in practice in the field of injustice is still frequent and is considered to be misunderstandings that lead to mediation, though so in cases-certain adverse cases that could result in a repeat of events because there is no protective force or penalty that would prevent a person from acting as a victim. Purpose : knowing the existing regulations asa legal protection effort for medical and healthsworkerssduringsthescovid-19spandemic. Method : The study is as types ofs empiricals researchs through sas qualitative approach with an analytically descriptive out put. Technical sampling retrieval by circulating questionnaively sampling. Result : The numerical data derived from questionnaires states that 74,1% they have implemented legal protection followed 22,4% by saying not completely and  3,5% not applying legal protection. Conclusion : Based on primary data that researchers have acquired and supported by secondary data, legal protection for medical and health powers at covid-19 pandemic performed in pku muhammadiyah general health facility can be inadequately defined as where ataut has been implemented. Thus there is no need for health and medical personnel to worry about safety as individuals who are entitled to privileged legal protection in the shelter of an institution. Keywords : Legal protection, medical and health care, covid-19 pandemic.


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article


Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right


2018 ◽  
Vol 99 (5) ◽  
pp. 812-817 ◽  
Author(s):  
D V Lopushov ◽  
V A Trifonov ◽  
A A Imamov ◽  
F N Sabaeva ◽  
H D Shaykhrazieva ◽  
...  

Aim. Evaluation of the awareness of health workers of vaccine prevention at the present stage. Methods. To achieve the aim, survey of health workers of the Republic of Tatarstan was conducted using the developed questionnaire. The coverage of survey was 3 250 people. Statistical processing of the results was carried out using Microsoft Excel 2010 programs. Results. The conducted study revealed that a significant proportion (95 %) of health workers were positive about vaccine prevention, were vaccinated themselves and vaccinated their children. The most prevalent forms of informing parents of vaccinated children about adverse reactions after vaccination are oral recommendations by the doctor and information sheets about adverse reactions. The majority of interviewed health workers (89.9 %) support the initiative to cancel the right of citizens to refuse vaccination. In the opinion of health workers, the main components of successful organization of vaccine prevention in the medical organization are availability and diversity of vaccines, the level of qualification of medical personnel, and equipment of the vaccination room. Less than half of health workers were trained in specialized training on immunoprevention. The majority of health workers (86.3 %) consider it necessary to expand the national schedule of preventive vaccinations of the Russian Federation. Conclusion. Organizational measures to inform health workers in various areas of vaccine prevention are needed to be taken; promising directions are organizing specialized courses on immunoprevention and discussion of relevant aspects of immunization of the population and adverse reactions in post-vaccination period.


2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Michelle Dickson

Abstract Background Australian Aboriginal and Torres Strait Islander health professionals often juggle the challenges of working and living in the same community in ways that are positive for both themselves and their clients. This study specifically examines the strategies Aboriginal and Torres Strait Islander health professionals have developed to enable them to feel empowered by the sense of being always visible or perceived as being always available. Findings provide examples of how participants (Team Members) established a seamless working self, including how they often held different perspectives to many work colleagues, how Team Members were always visible to community and how Team Members were comfortable to be seen as working when not at work. Methods This qualitative study engages an Indigenous research methodology and uses an Indigenous method, PhotoYarning, to explore lived experiences of a group (n = 15) of Aboriginal and Torres Strait Islander health workers as they worked in the Australian health sector. Results The analysis presented here comes from data generated through PhotoYarning sessions. Team Members in this study all work in health care settings in the communities in which they also live, they manage an extremely complex network of interactions and relationships in their daily working lives. They occupy an ambivalent, and sometimes ambiguous, position as representing both their health profession and their community. This article explores examples of what working with seamlessness involved, with findings citing four main themes: (1) Being fellow members of their cultural community, (2) the feeling of always being visible to community as a health worker, (3) the feeling of always being available as a health worker to community even when not at work and (4) the need to set an example. Conclusions While creating the seamlessness of working and living in the same community was not easy, Team Members considered it an important feature of the work they did and vital if they were to be able to provide quality health service to their community. However, they reported that the seamless working self was at odds with the way many of their non-Indigenous Australian colleagues worked and it was not well understood.


Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.


2017 ◽  
Vol 9 (4(J)) ◽  
pp. 62-72
Author(s):  
Victor H. Mlambo ◽  
Toyin Cotties Adetiba

While there has been a plethora of studies that addresses migration in Africa, many have yet to successfully unpack the effects of brain drain on the South African health sector. Using textual analysis of the available literature relevant to the topic under consideration; this work seeks to identify the major structural and socio-economic push factors that drive the migration of health professionals in South Africa, relying on Revestain’s laws of migration and Lee’s push/pull theory of migration. The study also looks at explaining other factors that contribute to the migration of health professionals in South Africa. We argue that for South Africa to retain health professionals, the government needs to increase the training of health workers, improve their working conditions and security, upgrade infrastructure and ensure availability of resources as well as develop a more open immigration policy prioritizing skilled immigration.


Author(s):  
Muswandar Muswandar ◽  
Purnawan Junadi

Abstract. Law No. 36 of 2014 is a comprehensive law for health professionals. In that regulation, all health graduates that wish to practice their trade must have a letter of registration (STR). That policy also separated environmental health from public health. This was the reason why we decided to evaluate the policy that is related to public health professionals. This evaluation was a retrospective analysis that used in-depth interviews and literary research, respectively as primary and secondary data. From this research we discovered that public health graduates is has their own profession. And to obtain the right to practice their trade, they must pass the competence standard test. However, according to other regulations, only vocational or professional education graduates can participate in the test. Since there currently are no professional education institutions available for public health professionals, Minister of Health Regulation No. 41/2013 takes over. According to this law, all public health graduates will be provided an STR until there is a professional education institution. We also discovered that environmental health should NOT be separated from public health, since it is a large part of it. And therefore, the law must be amended. Abstrak. Undang-undang (UU) No. 36 Tahun 2014 mengatur tenaga kesehatan secara komprehensif. Dalam UU tersebut, semua tenaga kesehatan yang berpraktek wajib memiliki surat tanda registrasi (STR). Kebijakan juga telah memisahkan kesehatan lingkungan dari kesehatan masyarakat (kesmas). Oleh karena itu peneliti tertarik untuk melakukan evaluasi kebijakan khususnya terhadap konten kebijakan yang berhubungan dengan tenaga kesmas. Evaluasi isi kebijakan ini dilakukan dengan analisis retrospektif yang menggunakan wawancara mendalam dan telaah literatur sebagai data primer dan sekunder. Dari penelitian ini diketahui bahwa tenaga kesehatan masyarakat layak disebut sebagai sebuah profesi. Untuk mendapatkan STR, tenaga kesmas harus lulus ujian kompetensi. Tetapi, menurut peraturan yang berlaku, yang dapat mengikuti ujian kompetensi adalah lulusan pendidikan vokasi atau profesi. Namun, karena belum adanya pendidikan profesi untuk tenaga kesmas, maka untuk sementara Peraturan Menteri Kesehatan Nomor 41 Tahun 2013 digunakan sebagai solusi. Dimana semua lulusan institusi kesmas akan mendapatkan STR hingga terdapat institusi pendidikan yang menyelenggarakan pendidikan profesi. Selain itu ditemukan bahwa kesling sebenarnya merupakan bagian yang penting dari kesmas, baik dalam literatur maupun pendapat para ahli. Sehingga sebaiknya dilakukan revisi atau amandemen untuk UU tersebut.


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