scholarly journals JURIDICAL REVIEW OF HEALTH PERSONEL PROTECTION AS A LEADING GUARD IN EFFORTS TO ACCELERATE THE HANDLING OF COVID-19: A NARRATIVE REVIEW

2021 ◽  
Vol 10 (1) ◽  
pp. 99-107
Author(s):  
Vera Rimbawani Sushanty

Health workers who are handling patient of SARS-CoV-2 (Severe Acute Respiratory Syndrome Corona Virus 2) or better known as the Coronavirus are legal subjects who carry out their obligations properly at their leader command, ruled accordance with the legal corridors, obtained the law right and protected from positive legal norms. This narrative research aims juridical review for protection the health workers during coronavirus pandemic. Using literature that obtained by looking materials and sources that match the theme and related them. Protection of health workers as the frontline in efforts to accelerate the handling of the coronavirus pandemic. Civil Servants who served during the Covid-19 pandemic will get a promotion one level higher. The incentive budget for medical personnel comes from a budget reallocation that has been set by Mr. President Joko Widodo for 16.63 trillion in 2020. This award is in the form of compensation and for health workers who fail, the government awards “Bintang Jasa Pratama” and “Bintang Jasa Nararya”. The government provides protection by issuing various policies to protect health workers as the frontline in efforts to accelerate the handling of coronavirus disease 2019.   Keywords: Health workers, legal protection, Covid-19.

2019 ◽  
Vol 06 (03) ◽  
pp. 533-555
Author(s):  
Holyness Singadimeja ◽  
Atip Latipulhayat ◽  
M. Nurdin Singadimeja

Indonesian labors have rights, either individually or collectively, to associate and to establish organizations. Union is one form of protection and enforcement of workers’ normative rights, on conditions that the rights are in line with, and does not conflict with, laws and regulations. The negative attitudes and perceptions of company management towards workers’ unions and legal norms still restrict the space for the unions. The situation enables the occurrence of anti-union actions by employers. It becomes increasingly difficult to stop because workers’ unions are often trapped by fanaticism that makes them difficult to unite perceptions regarding anti-union actions. This study aims to study the implementation of labor union legal protection by the government facing anti-union actions by employers. The study employed normative juridical, starting with a description of positive laws related to the problem under study. Subsequently, an analysis was carried out by using relevant legal concepts and theories, synchronizing regulations, examining applicable laws in concrete and legal principles as secondary data support. The primary data was obtained through interviews. The results show that the implementation of legal protection for labor unions could not be carried out according to the purpose of the regulation. Therefore, law enforcement on the anti-union actions could not be performed optimally. The National Police, labor inspectors, and civil servants with criminal investigator power were unable to handle anti-union actions. Civil Servants with criminal investigator power in the field of workforce possesses authority based on the law to conduct investigations but mostly, they have not been able to conduct the duty properly. The evidence is the low number of employers that are processed legally based on report to the court.


2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization


2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.


2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.


Author(s):  
Jelly Leviza ◽  
T. Keizerina Devi

Legal protection against a daily work is very urgent today given the increasing number of them. Governments have an obligation to ensure the protection of the rights of them. This study discusses two subjects. The first is the inventory of labour rights according to the constitution and rules of normative and the implementation for daily work. The second is the substance of the government’s policy to accommodate the protection of the rights of workers based on the Ministry of Manpower and Transmigration Republic of Indonesia Number: Kep.100 / Men/VI/2004 about the Provisions in the Implementation of Given Time Employment Agreement. The purpose of this study was to determine the protection of the constitutional and normative rights for daily workers. Next to determine the legal policy of the Indonesian government in providing protection to daily workers through Ministerial Decree No. 100/2004. Normative methods used to analyze the legal norms applicable in Indonesia governing the protection of daily workers. Based on this method, the portion of the protection of the rights of workers will be known. The results of this research are that the rights of an employee still do not fulfil the rights of workers constitutively and normatively. Government policy in the protection of daily workers was still not enough to provide legal certainty, usefulness, and fairness for workers. The government’s policy regarding the rights of daily workers still needs to be improved in order to accommodate the rights of daily workers.


2020 ◽  
Vol 6 (2) ◽  
pp. 192-197
Author(s):  
Mualifah Mualifah

Health services are provided through the form of medication and care. Health workers, medical and non-medical, are responsible for providing optimal service. Medical personnel, in this case doctors, have responsibility for the treatment that is being carried out. Treatment actions and determining needs in the treatment process are the authority of the doctor. In accordance with the formulation of the problem and the research objectives, this legal research uses a normative or dogmatic approach to law as its main approach, with the aim of examining its positive law in the sense of collecting, presenting, systematizing, analyzing, interpreting and assessing positive legal norms that protect people's rights. BPJS health participants. Health effort is any activity to maintain and improve health, which aims to create an optimal health plan for the community. The community has the same rights in gaining access to resources in the health sector, for this reason government hospitals and private hospitals are responsible for providing health services to the community. Private hospitals in collaboration with BPJS Kesehatan are required to provide health services to BPJS Kesehatan participant patients without discriminating against BPJS Kesehatan participants who are referred by first level health facilities, namely puskesmas and family doctors according to their interests


2021 ◽  
Vol 2 (3) ◽  
pp. 139-153
Author(s):  
Marni Siregar ◽  
Hetty W.A. Panggabean

Introduction: Articles 6 and 7 of Government Regulation No. 33 of 2012 on Exclusive Breastfeeding stated that every mother who gives birth must give exclusive breast milk to the newborn, unless there is a medical indication, the mother is not present or the mother is separated from the baby. The purpose of this study was to determine the legal protection for health workers towards the implementation of government regulation concerning exclusive breastfeeding on infants with Post Sectio Caesarea mothers. Methods: This research method is empirical juridical research (field research).  The author uses a statutory approach in accordance with the studied legal materials, analyzed qualitatively. The sample in this study is all 2 ObsGyn, 2 pediatrician, 9 midwives, 1 breast milk counselor, 60 post SC mothers and 60 newborns at RSUD Tarutung, RSUD Porsea, and RSUD Doloksanggul when researchers conducted research. Results: Exclusive Breastfeeding is a government program and has been outlined in Government Regulation No. 33 of 2014 on Exclusive Breastfeeding. The government is actually aggressively promoting exclusive breastfeeding through seminars, workshops and advertisements in print, electronic and social media. But this does not make exclusive breastfeeding successful as expected. The number of obstacles both external factors and internal factors of the mother. Especially on the mother of the Post Sectio Caesarea. Conclusion: Implementation of Government Regulation No.33 of 2012 on Exclusive Breastfeeding of Post Sectio Caesarea Mothers in hospitals has still not been realized.


2018 ◽  
Vol 25 (2) ◽  
pp. 134
Author(s):  
Clara Yunita Ina Ola ◽  
Khoirul Huda ◽  
Andika Persada Putera

This study analyzes the accountability of nurse's assistant in performing health service practices of people in swadaya village. This research uses a statue approach and conceptual approach. The act of health service which is often given by nurse's assistant to people in swadaya village is one form of health service which is done outside of the authority that should be done by the authorities in accordance with the rules and applicable law. The unequal distribution of health workers necessitates the nurse's assistant in performing medical practice to perform medical action so that it requires clear legal protection. nurse's assistant in performing acts outside of their authority have legal responsibility. The results showed that nurse's assistant in doing the practice outside of its authority to people in swadaya village can be held accountable of criminal, civil and administrative law, therefore it is expected for the government to be able to create policies or regulations so that in the legislation can be explained about the protection of law and legality for nurse's assistant in swadaya village, so there is a legal force for nurse's assistant in doing health service.


2021 ◽  
Vol 2 (1) ◽  
pp. 1-6
Author(s):  
Mochamad Arif Irfai1 ◽  
Muchlis Arif ◽  
Nova Kristiana ◽  
I Made Arsana4

The purpose of this activity is to assist the government in providing and distributing face shields for medical personnel at referral hospitals to treat covid-19 patients. At first we analyzed the problems with partners (hospitals and community health centers). The results of the analysis show that hospitals and health centers lack a helmet-face shield for medical personnel to treat covid-19 patients. Based on the results of discussions and requests from the partner. Then the design is carried out to manufacture a helmet-face shield. There are 2 PPE made, The first type is only a face shield and the second type is obtained a helmet design that is equipped with a face shield or can be called a helmet-face shield. At the end of the activity, questionnaires were distributed to respondents consisting of doctors, nurses and other medical personnel. Respondents were selected randomly in health facilities in Batu, East Java. The response from medical personnel has generally been positive. This can be seen from the questionnaires distributed to respondents. More than 90% of the results of the questionnaire stated that helmet-face shield and face shield products could be accepted by health workers.


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.


Sign in / Sign up

Export Citation Format

Share Document