scholarly journals Doctor's Legal Protection in Health Services for Covid-19 Patients

2022 ◽  
Vol 3 (1) ◽  
pp. 21-34
Author(s):  
Helena Primadianti Sulistyaningrum ◽  
Dian Afrilia ◽  
Theta Murty
Keyword(s):  
Health Services ◽  
Medical Records ◽  
Central Government ◽  
Legal Protection ◽  
Professional Service ◽  
Regional Government ◽  
Professional Standard ◽  
Medical Expenses ◽  
Standard Operating ◽  
Legal Consequences

Doctors as medical workers are at the forefront of health services for Covid-19 patients. During the pandemic, doctor is the profession that has the highest risk in handling Covid-19 patients. In this case, it is appropriate if doctors get legal protection in carrying out their profession. So, what is the actual form of legal protection that doctors have received so far in handling Covid-19 patients? Have the existing regulations accommodated this protection?. The method of research which used in this research was normatif by examining the law which is conceptualized as a norm or rule that applied in society, and becomes a reference for everyone's behavior. The results of the study indicated that there were preventive and repressive measures which were as means of legal protection for doctors during Pandemic. Preventive efforts can be interpreted as steps or ways that can be taken to prevent an event that has legal consequences in the form of fulfilling obligations as a doctor, namely by carrying out the profession in accordance with professional standard, professional service standard, and standard operating procedures, completing administration in medical practice such as informed consent. and medical records, getting vaccines, providing incentives. While repressive efforts are defined as steps or method which taken if an event that results in law has occurred in the form of providing compensation to doctors who died, giving awards for services, bearing medical expenses for exposed doctors, and prosecution for criminal acts towards people who do not orderly implement health protocols. The legal protection of medical workers in handling Covid-19 is evident in the fact that these medical workers have received legal protection in the form of supervision and guidance carried out by the Central Government, Regional Government or their Work Agencies. It shows that existing regulations have accommodated legal protection for doctors during the Covid-19 pandemic.

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

scholarly journals Legal Protection of Health Workers in the Task Force for the Acceleration of Handling Covid-19 from a State Administrative Law Point of View

2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Aris Prio Agus Santoso ◽  
Totok Wahyudi ◽  
Safitri Nur Rohmah ◽  
Ary Rachman Haryadi
Keyword(s):  
Occupational Safety ◽  
Health Workers ◽  
Task Force ◽  
Legal Protection ◽  
Administrative Law ◽  
Occupational Safety And Health ◽  
Equal Treatment ◽  
Professional Service ◽  
Regional Government ◽  
Safety And Health

Article 28D paragraph (1) of the 1945 Constitution states that every person has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law, then Article 57 letter a of Law No. 36 of 2014 concerning Health Personnel also states that health workers in carrying out practices are entitled to obtain legal protection as long as carrying out their duties in accordance with Professional Standards, Professional Service Standards, and Operational Procedure Standards, but in their implementation, legal protection has not been seen to be carried out by office holders.The problem in this study is how the legal protection of health workers in the task force for acceleration of Covid-19 handling and what are the constraints of health workers in obtaining guarantees of occupational safety and health in the task force for acceleration of Covid-19 handling reviewed on administrative law.This research method uses a sociological juridical approach, by collecting data from field studies and literature studies, to find out the legal protection of health workers in the task force for handling Covid-19 acceleration reviewed on administrative law. The data obtained were analyzed qualitatively.Based on the results of the study it was found that health workers get legal protection in the form of supervision and guidance, but the legal protection efforts provided there are still weaknesses because some of the rights of health workers have not been fulfilled. In connection with the provision of occupational safety and health guarantees to health workers there are still several obstacles, including; due to the complicated bureaucracy of the Regional Government, and the uneven distribution of PPE (Personal Protective Equipment). The government, in this case, has not been able to provide maximum legal protection and work health and safety insurance for health workers.

scholarly journals Legal Protection of Midwives in Providing Health Services at Village Health Post

2021 ◽  
Vol 2 (1) ◽  
pp. 1-9
Author(s):  
Fitri Andriana ◽  
Slamet Sampurno Soewondo ◽  
Sabir Alwi
Keyword(s):  
Health Services ◽  
Legal Protection ◽  
Total Sample ◽  
Health Post ◽  
Literature Study ◽  
Supervision System ◽  
Delegation Of Authority ◽  
Standard Operating ◽  
Materials Used ◽  
Village Health

This study aims to identify and analyze the legal protection arrangements for midwives who work in the Poskesdes (Village Health Post) Majene Regency as well as the forms of implementation of legal protection for midwives who work in the poskesdes. The research method used is empirical research. The research location is in Majene Regency with a total sample of 41 poskesdes with regular categories spread over 8 districts, the types and sources of legal materials used are primary and secondary legal materials. Collection techniques through interviews, direct observation and literature study and then analyzed qualitatively and described to describe, describe and explain the results of the research. The author concludes that the implementation of health services at the poskesdes has not provided legal protection to midwives because midwives still carry out services that are not their authority and competence as a midwife. The implementation of legal protection through the delegation of authority is not in accordance with the regulations, the existing Standard Operating Procedures are not in accordance with the conditions of the Poskesdes facilities and the guidance and supervision system for midwives has not been maximally implemented.

scholarly journals Legal Protection Against Health Workers in Taking First Aid Medical Measures

2018 ◽  
Vol 1 (1) ◽  
pp. 40-52
Author(s):  
Julianto Jover Jotam Kalalo ◽  
Chyntia Novita Kalalo
Keyword(s):  
Public Health ◽  
Health Service ◽  
Health Services ◽  
Health Workers ◽  
Code Of Ethics ◽  
Legal Protection ◽  
First Aid ◽  
Regional Government ◽  
Legal Rules ◽  
The Government

Health workers are a noble job, this is because they are the foremost fighters in terms of health services. Health workers are part of a health service that needs legal protection in carrying out their duties and responsibilities as public health servants. In carrying out its duties, health workers are given the authority to carry out health service efforts in accordance with applicable regulations. This authority in the form of legal rules that can be used as a guideline or basis for health workers to carry out a medical action in a case of health they face. Health workers in taking first aid medical actions must obtain a protection in carrying out their performance as health workers in accordance with Tupoksi and oaths of appointment as health workers. In the oath of appointment as a health worker in taking the first action is regulated in the rules of the code of ethics and hospital regulations and others. Efforts that can be made by the government in this case the Health Office, Hospital and Regional Government are making a rule that can regulate the implementation of the first level medical action in dealing with patients inside the hospital or in an accident. Keywords: Legal protection; Health workers; Medical treatment.

scholarly journals Pelindungan Hukum Terhadap Lahan Pertanian Pangan dari Pengalihan Fungsi untuk Non Pertanian Pangan (Legal Protection of Food Agricultural Land from Conversion to Non-Food Agricultural Land)

2019 ◽  
Vol 10 (1) ◽  
pp. 27-48
Author(s):  
Dian Cahyaningrum
Keyword(s):  
Low Income ◽  
Food Supply ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Central Government ◽  
Legal Protection ◽  
Primary Data ◽  
Regional Government ◽  
Legal Research

The conversion of food agricultural land occurs in various region, including Karawang and Tabanan. Consequently, the sustainability of food supply is at stake. This paper examines the importance of legal protection on food agricultural land, the efforts to protect it, the cause of the conversion of food agricultural land, and its solution. This research is a normative and empirical legal research, by using secondary and primary data. Based on the results of the research, the food agricultural land is important to be protected in order to achieve sustainability of food supply, fulfill the people's rights to food, improve farmers' welfare, and preserve the environment. Efforts to protect are implemented preventivly and repressivly. Although protected, the conversion of food agricultural land continues to occur several cause are: the provisions on the protection of food agricultural land have not been followed up, there is demand on land for other purposes, and the farmer’s low income. Several efforts to overcome this by formulating a regulation following up the provision on the protection of food agricultural land, the control of LP2B, and to protect and empower farmers. The central government/regional government must undertake all efforts in the protection of food agricultural land and transform the agricultural sector to be more appealing. AbstrakAlih fungsi lahan pertanian pangan terjadi di berbagai daerah, termasuk Karawang dan Tabanan. Akibatnya ketahanan pangan terancam. Tulisan ini mengkaji pentingnya pelindungan hukum terhadap lahan pertanian pangan, upaya untuk melindunginya, penyebab pengalihan lahan pertanian pangan, dan solusinya. Penelitian ini merupakan penelitian hukum normatif dan empiris, dengan menggunakan data sekunder dan primer. Berdasarkan hasil penelitian, lahan pertanian pangan penting untuk dilindungi agar ketahanan pangan terwujud, hak rakyat atas pangan terpenuhi, meningkatkan kesejahteraan petani, dan menjaga kelestarian lingkungan hidup. Upaya untuk melindungi dilakukan secara preventif dan represif. Meskipun dilindungi, alih fungsi lahan pertanian pangan tetap terjadi. Beberapa penyebabnya: ketentuan pelindungan lahan pertanian pangan belum ditindaklanjuti, desakan kebutuhan lahan untuk kepentingan lain, dan rendahnya penghasilan petani. Beberapa upaya untuk mengatasinya: membuat regulasi teknis mengenai pelindungan lahan pertanian pangan, mengendalikan LP2B, melindungi dan memberdayakan petani. Pemerintah/pemerintah daerah harus melakukan segala upaya untuk melindungi lahan pertanian pangan dan menjadikan sektor pertanian menarik.

OPTIMALISASI PERAN PEMDA DALAM MENGATASI KENDALA PELAKSANAAN KONSERVASI KEANEKARAGAMAN HAYATI DI DAERAH (STUDI KASUS PROVINSI BENGKULU)

2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Antung Deddy Radiansyah
Keyword(s):  
Local Government ◽  
Biodiversity Conservation ◽  
Local Governments ◽  
Central Government ◽  
Wild Plants ◽  
Regional Government ◽  
Conservation Areas ◽  
Conservation Area ◽  
Conservation Policies

Gaps in biodiversity conservation management within the Conservation Area that are the responsibility of the central government and outside the Conservation Areas or as the Essential Ecosystems Area (EEA) which are the authority of the Regional Government, have caused various spatial conflicts between wildlife /wild plants and land management activities. Several obstacles faced by the Local Government to conduct its authority to manage (EEA), caused the number and area of EEA determined by the Local Government to be still low. At present only 703,000 ha are determined from the 67 million ha indicated by EEA. This study aims to overview biodiversity conservation policies by local governments and company perceptions in implementing conservation policies and formulate strategies for optimizing the role of Local Governments. From the results of this study, there has not been found any legal umbrella for the implementation of Law number 23/ 2014 related to the conservation of important ecosystems in the regions. This regulatory vacuum leaves the local government in a dilemma for continuing various conservation programs. By using a SWOT to the internal strategic environment and external stratetegic environment of the Environment and Forestry Service, Bengkulu Province , as well as using an analysis of company perceptions of the conservation policies regulatary , this study has been formulated a “survival strategy” through collaboration between the Central Government, Local Governments and the Private Sector to optimize the role of Local Government’s to establish EEA in the regions.Keywords: Management gaps, Essential Ecosystems Area (EEA), Conservation Areas, SWOT analysis and perception analysis

PENGARUH PDRB DAN UKURAN TERHADAP INTERNAL CONTROL PEMERINTAH DAERAH DENGAN PAD SEBAGAI INTERVENING

ProBank ◽  
2018 ◽  
Vol 3 (1) ◽  
pp. 64-75
Author(s):  
Prima Utama Wardoyo Putro
Keyword(s):  
Internal Control ◽  
Central Government ◽  
Control Variable ◽  
Secondary Data ◽  
Internal Controls ◽  
Regional Government ◽  
Path Testing ◽  
Size Growth ◽  
Fiscal Balance ◽  
Research Populations

Law No 32 year on 2004 about Regional Government and Law No 33 years on 2004 about Fiscal Balance between the Central Government and Regional Government are a new regulation relating to the implementation of regional autonomy in Indonesia. Giving the authority to manage its own region required an internal control system that can monitor of all by central government. The problem in this study is: Is there are any influence between growth, size, and PAD through Regional Government Internal Controls weakness with PAD as an intervening variable. The research populations are the financial statements and reports on the results of the entire province in Indonesia totaling 33 provinces. Source of data which are used are secondary data, and data collection by using the documentation method. The results of partial testing showed that PAD and Growth have significant affects to the Internal Controls, whereas size has not significant effect. Simultaneous testing showed a significant effect between the independent and dependent variables. The test results path testing showed that growth has no significant effect to internal control through PAD as an intervening variable and size has a significant effect to internal control variable through PAD as an intervening variable. The results of determinant coefficient by simultan test amount 28.7%. Its mean that Internal Control can be explained by Growth, Size and PAD, the remaining 71.3% influenced by factors other than study. Keyword: Internal Control, Size, Growth, and Income

scholarly journals Public Policy Analysis on Watershed Governance in Indonesia

2021 ◽  
Vol 13 (12) ◽  
pp. 6615
Author(s):  
Tri Sulistyaningsih ◽  
Achmad Nurmandi ◽  
Salahudin Salahudin ◽  
Ali Roziqin ◽  
Muhammad Kamil ◽  
...  
Keyword(s):  
Local Governments ◽  
Central Government ◽  
Good Governance ◽  
Institutional Arrangement ◽  
Future Research ◽  
Research Approach ◽  
Regional Government ◽  
Government Regulations ◽  
Institutional Control ◽  
Watershed Governance

This paper, which is focused on evaluating the policies and institutional control of the Brantas River Basin, East Java, Indonesia, aims to review government regulations on watershed governance in Indonesia. A qualitative approach to content analysis is used to explain and layout government regulations regarding planning, implementation, coordination, monitoring, evaluation, and accountability of the central and local governments in managing the Brantas watershed, East Java, Indonesia. Nvivo 12 Plus software is used to map, analyze, and create data visualization to answer research questions. This study reveals that the management regulations of the Brantas watershed, East Java, Indonesia, are based on a centralized system, which places the central government as an actor who plays an essential role in the formulation, implementation, and accountability of the Brantas watershed management. In contrast, East Java Province’s regional government only plays a role in implementing and evaluating policies. The central government previously formulated the Brantas watershed. This research contributes to strengthening the management and institutional arrangement of the central government and local governments that support the realization of good governance of the Brantas watershed. Future research needs to apply a survey research approach that focuses on evaluating the capacity of the central government and local governments in supporting good management of the Brantas watershed.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

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