scholarly journals Kajian Yuridis Penyelesaian Sengketa Medik di Indonesia

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 200
Author(s):  
Supeno Supeno

The higher level of education and welfare of the community will make the level of legal awareness of the community higher too, in the present context health care is not only seen as an ordinary relationship but has become a legal relationship between health workers and patients, in that relationship disputes can occur between the two sides parties, in fact many cases / medical disputes are directly processed criminally, Indonesian law has stipulated that if a case occurs then it can be resolved through administrative, civil and criminal law, the purpose of this study is to examine the main priorities of medical dispute resolution in case of suspected error and / or negligence committed by health workers. This paper is an idea and legal study that the author peels normatively. The results of the study indicate that if there is a suspicion of error and / or negligence made by a health worker must be checked first by an honorary assembly and sought as far as possible mediated.

Author(s):  
Ariep Mulyadi ◽  

The therapeutic transaction agreement is an agreement between a doctor and a patient which is a legal relationship. Therefore, it gives birth to rights and obligations between doctors and patients which have the potential to cause medical disputes between doctors and patients (malpractice). There are two ways to process medical dispute resolution, namely litigation (through court) and non-litigation (outside court). The litigation process is costly and time-consuming, and often results in one party being the winner and the other party being the loser. The protracted process in court causes a lot of sharp criticism of the judiciary when carrying out its functions, therefore it is necessary to improve the judicial system towards being effective and efficient, especially in medical disputes between doctors and patients. So the medical dispute mediation route between doctors and patients can be an alternative dispute resolution (ADR) that is more effective and efficient. The purpose of this study was to analyze the elements of a therapeutic agreement based on contract law in the Civil Code. And Analyzing mediation as an alternative to dispute resolution of therapeutic agreements for doctors and patients. To achieve this objective, research was conducted using normative juridical legal research methods. So this research approach uses the Statute Approach or research approach to legal products, by examining all laws and regulations related to what will be researched.


2021 ◽  
Vol 16 (2) ◽  
pp. 362-392
Author(s):  
Lego Karjoko ◽  
I Gusti Ayu Ketut Rachmi Handayani ◽  
Abdul Kadir Jaelani ◽  
Jaco Barkhuizen ◽  
Muhammad Jihadul Hayat

Medical disputes in Indonesia are regulated by a host of laws. The important question that needs to be asked, however, is whether those laws have guaranteed justice for patients and doctors. This study aims to analyze the urgency of restorative justice in medical disputes. It explores secondary data and is normative legal research. The data was gathered through library research consisting of data collection activities based on several publications. This study focuses on legal principles with a doctrinal approach. It concludes that restorative justice is urgent to use in medical, criminal, and civil cases. This is evident in the will of the Health Law which prioritizes mediation as the first mechanism before being brought to trial. Furthermore, the use of restorative justice in medical dispute resolution is driven by the presence of three conditions: First is structural challenges among law enforcers and their limited capabilities in dealing with complex medical cases; Second is the condition of Indonesian correctional institutions which is overburdened and unable to provide maximum output, and the third is the relatively low number of Indonesian health workers. (Sengketa Medis di Indonesia telah diatur dalam beberapa peraturan perundang-undangan. Namun, pertanyaan penting yang perlu diajukan yaitu apakah peraturan yang ada telah menjamin kedilan bagi pasien dan dokter. Penelitian ini bertujuan untuk menganalisis urgensi prinsip keadilan restoratif dalam penyelesaian sengketa medis. Penelitian ini merupakan penelitian hukum normatif yang mengkaji data sekunder. Pengumpulan data dilakukan dengan studi pustaka (library research), yaitu kegiatan pengumpulan data yang berasal dari berbagai literatur. Penelitian ini fokus pada asas-asas hukum dengan pendekatan dokrinal. Kesimpulan dari penelitian ini adalah bahwa prinsip keadilan restoratif penting diterapkan dalam kasus medis, pidana, maupun perdata. Ini misalnya dapat dilihat dari i’tikad baik dalam Hukum Kesehatan yang mempriorotaskan mediasi sebagai mekanisme pertama sebelum dibawa ke pengadilan. Dalam konteks sengketa medis, prinsip keadilan restoratif menjadi urgen untuk diterapkan sedikitnya karena tiga hal; pertama adalah tantangan struktural di kalangan para penegak hukum serta kemampuan mereka yang terbatas dalam menghadapi kasus medis yang biasanya kompleks. Kedua, kondisi lembaga pemasyarakatan Indonesia yang over kapastias sehingga tidak mampu memberikan output yang maksimal; dan ketiga adalah jumlah tenaga kesehatan di Indonesia yang relatif rendah.


2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 


Author(s):  
Enny Agustina

Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so that people can enjoy health care at affordable costs. In addition, hospitals must always maintain their professionals. The problem this paper about how is criminal law policy in health care and the methods is Normative legal research is research conducted by examining library materials. This research on normative literature includes research on legal principles, research on legal systematic, research on the levels of vertical and horizontal synchronization, comparison of law and legal history. The result is obtained are in addition to criminal law, namely Law Number 1 Year 1946 on the Criminal Code, there are also several criminal policy that regulate criminal law protection in health care or medical. The laws and regulations are Law Number 36 Year 2009 on Health, Law Number 44 Year 2009 on Hospitals, Law Number 29 Year 2004 on Medical Practice and many other laws and regulations related to criminal policy in the health sector. Since ancient Greece, legal science has touched almost all aspects of human life, except the medical field. Health workers who existed at that time regulated their own work methods with professional codes of ethics and oaths that were deeply rooted in tradition and had a strong influence on society.


Author(s):  
Enny Agustina

Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so that people can enjoy health care at affordable costs. In addition, hospitals must always maintain their professionals. The problem this paper about how is criminal law policy in health care and the methods is Normative legal research is research conducted by examining library materials. This research on normative literature includes research on legal principles, research on legal systematic, research on the levels of vertical and horizontal synchronization, comparison of law and legal history. The result is obtained are in addition to criminal law, namely Law Number 1 Year 1946 on the Criminal Code, there are also several criminal policy that regulate criminal law protection in health care or medical. The laws and regulations are Law Number 36 Year 2009 on Health, Law Number 44 Year 2009 on Hospitals, Law Number 29 Year 2004 on Medical Practice and many other laws and regulations related to criminal policy in the health sector. Since ancient Greece, legal science has touched almost all aspects of human life, except the medical field. Health workers who existed at that time regulated their own work methods with professional codes of ethics and oaths that were deeply rooted in tradition and had a strong influence on society.


Author(s):  
C. L. Kpe- Nobana ◽  
C. E. Elechi ◽  
C. O. Aleke

Background: The emerging and re-emerging infectious diseases in developing countries including Nigeria underscores the need for electronic health (e-Health) to improve health care delivery. This study thus determined the knowledge and socio-demographic differentials in the knowledge of e-Health care delivery among health care professionals in Federal Teaching Hospital Abakalik (FETHA) Ebonyi State, Nigeria. Methods: The descriptive research design and a self-developed questionnaire was used for the study. Three objectives with three research questions and two null –hypotheses were postulated to guide the study. Out of a population of 2092 health workers in FETHA, 209 representing 10% were drawn through a multistage sampling technique and were studied. Frequency and percentage were used to answer research question one, while mean and standard deviation were used to answer research questions two and three. The Analysis of Variance (ANOVA) was used in testing null hypotheses one while Mann-Whitney U test was used in testing hypotheses two at .05 level of significance. Results: The overall mean percentage of respondents was 85.6% which indicates that health care professionals in FETHA possessed a good knowledge of e-Health care delivery. The findings further indicated that health care professional in FETHA differed in their level of education with diploma and below possessing higher knowledge of e-Health care delivery (x̅=1.23) than those with B.Sc. and above (x̅=1.14). Also differed by their age (P>0.05), and level of education (P<0.05). Conclusion: Nigerian government at all levels, through their various Ministries of Health should organize intensive ICT training and retraining of their employees, especially those with B.Sc and above.


Author(s):  
Kastania Lintang ◽  
Hasnati Hasnati ◽  
Bahrun Azmi

This article aims to analyze the position of the Indonesian Medical Discipline Honorary Council in the Settlement of Disputes between Doctors and Patients. Medical disputes due to alleged violations of medical discipline should be resolved through the Indonesian Medical Discipline Honorary Council, however currently there are still medical disputes that are reported to the court without going through the Indonesian Medical Doctors Honorary Council. This study uses a normative juridical research method with a statute approach and a conceptual approach. The results of this study are based on Article 66 paragraph (1) and paragraph (3) of Law Number 29 of 2004 concerning Medical Practices, there is still legal uncertainty regarding the resolution of medical disputes between doctors and patients, because the word "can" contained in paragraph (1) can mean that the complaint against the Indonesian Medical Discipline Honorary Council may or may not be made. Whereas in paragraph (3) it is stated that it is possible to resolve medical disputes through the courts, which can cause medical dispute resolution to be carried out through the courts.


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 311
Author(s):  
Devina Anggraeni ◽  
Muhammad Ikhsan

Medical Record is a file that contains records and other documents such as patient identification, examination, the treatment that has been given to the patient. Based on the Minister of Health No. 269/MENKES/PER /III / 2008 concerning the medical record that there are two types of medical records that conventional medical records and electronic medical records. With the absence of a strong legal basis related to the setting of electronic medical records, but in reality, many hospitals are using electronic medical records which raised the question, how the role of electronic medical records as evidence in the medical dispute that occurred in the hospital ?. This study uses Descriptio with the normative juridical approach. The data used is qualitative. This is done to get an overview of the roles of electronic medical records as evidence in the medical dispute in the hospital. Electronic medical records in the case of medical dispute resolution in the hospital can not be made as evidence in the medical case settlement, because the regulations related to the use of electronic medical records alone do not yet have a clear legal basis. 


Author(s):  
N. N. Petrukhin ◽  
O. N. Andreenko ◽  
I. V. Boyko ◽  
S. V. Grebenkov

Introduction. The activities of health workers are associated with the impact of many harmful factors that lead to loss of health. Compared with other professional groups, health care workers are ill longer and harder, which may be due to polymorbidity pathology.The aim of the study based on the survey data to study the representation of health workers about working conditions and to identify their impact on the formation of occupational diseases.Materials and methods. In order to get a real idea of the attitude of medical workers to their working conditions in 2018, an anonymous survey was conducted of 1129 doctors and 776 employees of secondary and junior medical personnel working in health care institutions in St. Petersburg, Moscow, Krasnoyarsk, Vologda and Orel.Results. Research of working conditions and health of physicians allowed to establish that work in medical institutions imposes considerable requirements to an organism of working, its physical condition and endurance, volume of operational and long-term memory, ability to resist to mental, moral and ethical overloads.Conclusions: The most important method of combating the development of occupational diseases is their prevention. Organizational and preventive measures should be aimed primarily at monitoring the working conditions and health of medical staff .


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