scholarly journals EUTHANASIA FOR COVID-19 PATIENTS DURING THE PANDEMIC

2021 ◽  
Vol 6 (4) ◽  
Author(s):  
M. Mahzaniar ◽  
Muhammad Ridwan Lubis ◽  
Adawiyah Nasution ◽  
Halimatul Maryani

In this study, this paper focuses on the study of euthanasia of COVID-19 patients, which causes the endless spread of COVID-19 and the possible practice of euthanasia assumed by Western medical personnel, as well as the ongoing debate over euthanasia because it is related to religious views. The above-mentioned motives are some factors that the paper attempts with an analytical descriptive writing method that cites references from several literatures such as books, journals, previous research and digital literacy. The study concludes that in Indonesia, although the Criminal Code does not explicitly mention the word euthanasia, however, based on the provisions of Article 344 of the Criminal Code, doctors should refuse to take this action even if the patient's family wishes. According to law, social norms, religion and ethics of doctors, euthanasia is not allowed. It is because the country of Indonesia, which has a majority Muslim population and religion, is in conflict with the issue. <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0820/a.php" alt="Hit counter" /></p>

2016 ◽  
Vol 9 (7) ◽  
pp. 206
Author(s):  
Esmael Afrasiabi ◽  
Mohammadali Kanani

<p>Suspending the passing of sentence is one of the new establishments of the Islamic Criminal Code and in the legal system of our Country, Iran it lacks any legislative background. In this new establishment we are witnessing a specific approach towards individuals who have committed some minor crimes and the legislator for the sake of accommodating them with social norms and preventing the re commitment of the criminal acts in case of existence of necessary conditions has predicted the possibility of suspending their sentence. Suspending the passing of sentence or pronouncing judgment has been established based on the principle of individualizing the judicial procedure of punishments and is part of the institutions of pardon for the committers of crimes. In the present text besides discussing the issue in philosophical terms the fundamentals and the domain of suspending a sentence, its formative and substantial conditions is being studied and scrutinized.</p>


2017 ◽  
Vol 7 (2) ◽  
pp. 263-287 ◽  
Author(s):  
Alexandra E. Rosso ◽  
Dirk Huyer ◽  
Alfredo Walker

On June 17, 2016, the Canadian government legalized medical assistance in dying (MAID) across the country by giving Royal Assent to Bill C-14. This Act made amendments to the Criminal Code and other Acts relating to MAID, allowing physicians and nurse practitioners to offer clinician-administered and self-administered MAID in conjunction with pharmacists being able to dispense the necessary medications. The eligibility criteria for MAID indicates that the individual 1) must be a recipient of publicly funded health services in Canada, 2) be at least 18 years of age, 3) be capable of health-related decision-making, and 4) has a grievous and irremediable medical condition. Because this is a new practice in Canadian health care, there are no published Canadian statistics on MAID cases to date, and this paper constitutes the first analysis of MAID cases in both the province of Ontario and Canada. Internationally, there are only a few jurisdictions with similar legislation already in place (US, the Netherlands, Belgium, Luxembourg, Switzerland, Columbia, Japan, and the United Kingdom). The published statistics on MAID cases from these jurisdictions were reviewed and used to establish the current global practices and demographics of MAID and will provide useful comparisons for Canada. This analysis will 1) outline the Canadian legislative approach to MAID, 2) provide an understanding of which patient populations in Ontario are using MAID and under what circumstances, and 3) determine if patterns exist between the internationally published MAID patient demographics and the Canadian MAID data. Selected patient demographics of the first 100 MAID cases in Ontario were reviewed and analyzed using anonymized data obtained from the Office of the Chief Coroner for Ontario so that an insight into the provision of MAID in Ontario could be obtained. Demographic factors such as age, sex, the primary medical diagnosis that prompted the request for MAID, the patient rationale for making a MAID request, the place where MAID was administered, the nature of MAID drug regimen used, and the status/specialty of medical personnel who administered the MAID drug regimen were analyzed. The analysis revealed that the majority of the first 100 MAID recipients were older adults (only 5.2% of patients were aged 35-54 years, with no younger adults between ages 18-34 years) who were afflicted with cancer (64%) and had opted for clinician-administered MAID (99%) that had been delivered in either a hospital (38.8%) or private residence (44.9%). Although the cohort was small, these Ontario MAID demographics reflect similar observations as those published internationally, but further analysis of both larger and annual case uptake in both Ontario and Canada will be conducted as the number of cases increases.


Author(s):  
I.A. Rudaleva ◽  
I.A. Kabasheva ◽  
L.F. Zulfakarova

The large-scale implementation of innovative digital products and technologies in a healthcare facility has a huge impact on the workforce. At the same time, this requires active involvement of medical personnel in the development of innovative technologies, continuous professional development of their work and interest in increasing professionalism and digital literacy, and expanding opportunities for realizing their research potential. The article defines a direct relationship between the innovative readiness of medical staff and the effectiveness of the medical institution as a whole. To achieve this, a classification and typologization of medical personnel was carried out according to their readiness and ability to implement innovations in the institution. The barriers that hinder the innovative activity of employees were identified and recommendations for management decisions at the level of medical institutions of the regional health system were developed.


2021 ◽  
Vol 8 (12) ◽  
pp. 293-300
Author(s):  
Redyanto Sidi ◽  
Kharmaedisyah Putra ◽  
Mirza Kesuma

Doctors and medical personnel who perform the activities of the medical service must have permission practices of the country in accordance with applicable regulations, and the provision of medical services must be in accordance with the authority of the medical profession. Doctors who perform the activities of health services must have a Letter of Permission Practices of the government in accordance with the regulations in force, in the conduct of health services should be based on the competency of medicine. If in providing health deviate from the rules that have been specified then it will get penalized in accordance with the applicable legislation. This research using the method of normative legal research that is done by researching secondary data collected with the approach of the study of literature to study secondary data associated with the service issues the practice of medicine. Secondary Data in this research consists of primary and secondary legal materials are compiled systematically and analyzed qualitatively. The results of this research show that the Forms of criminal acts in the health services is a criminal offence which is regulated in the criminal code as well as regulated in the Law Practice of Medicine. Health services provided to patients without registration letter doctor is one of the forms of criminal acts that is set in the Law Practice of Medicine. Someone who is committing a crime, including criminal acts in the service of health must account for his actions. Its criminal a person must be proven about the crime that he did. Ability is responsible for an element of error, then to prove the existence of a fault element of the last to be proven again. Keywords: Criminal Liability, Health Services, A Letter Of Permission Physician Practice.


Author(s):  
Budi Handoyo

The problem of malpractice committed by doctors and medical personnel in health care is an act that is very detrimental to the patient in conducting treatment can result in worsening medical conditions, or death of a patient. Errors in carrying out the medical profession will form criminal liability. Therefore, it is necessary to have a special legal certainty in the health sector to provide legal justice for injured patients. the research used is normative juridical research or normative law. The approach taken is, the law approach, case approach and conceptual approach. Based on the results of the discussion, it was found that the process of criminal law enforcement for medical malpractice cases is regulated in Article 360 paragraph (1) and (2) of the Criminal Code which contains elements of negligence (kulpa) of doctors or medical personnel. To provide a stronger guarantee of legal certainty, law enforcement for medical malpractice and health workers is regulated in Law No. 36 of 2009 concerning Health and Law No. 36 of 2014 concerning Health Workers.


Author(s):  
Nur Shabrina Sinulingga

The Criminal Code (KUHP) which is currently in force in Indonesia is a legacy that is still inherited from the Netherlands, so some of the contents of the Article are still incompatible with the culture that developed in Indonesia. One example of the definition of adultery in the Criminal Code is a marital relationship which is committed by a party that one or both are still bound in marriage. Of course this is very contrary to the culture that exists in Indonesia with a majority Muslim population. Indonesian legal experts have drafted the new Criminal Code since 50 (fifty) years ago, then after waiting all the time, finally in 2019, there is a strong discourse that the DPR (House of Representatives) will ratify the new Criminal Code. One of the revised articles in the RKUHP (draft of the Criminal Code) is this adultery article. However, this Article is one that is also a matter of controversy and much opposition.The old KUHP rules especially those relating to adultery are not in accordance with the culture that exists in Indonesia, so that frequently the act of adultery that actually disturbs the public cannot be tried as expected, but in the current development there are also many parties who consider the notion of adultery in the new KUHP too in entering into the private affairs of the Indonesian people they assume the State should not enter into a very private section.The legal basis that can be done is a legal basis that is in accordance with that contained in the Criminal  Code Keywords: Criminal Code, Adultery 


2021 ◽  
Vol 18 (4) ◽  
pp. 433-444
Author(s):  
A. V. Syntin

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.


2019 ◽  
Vol 31 (2) ◽  
pp. 222
Author(s):  
Arif Rohman ◽  
Syafruddin Syafruddin

Law and health is a different science. But due to the rampant cases that occur related to the practice of medicine, the law contribute in providing solutions for both physicians and patients as consumers of health, although medicine has a code of professional ethics as well as Standard Operations as the basis of doctors in carrying out their work. The legal tools are still needed because in practice, there are many medical malpractices. This study focuses on 2 (two) important things, first, how judges assess the express consent on the implementation of informed consent and secondly, how the model of protection and fulfillment of patient rights in the implementation of informed consent in Indonesi.The research method used is normative legal research, because it is based on health law and the health minister's regulation as the main benchmark in analyzing,  then integrates with court decisions relating to medical practices that have occurred in Indonesi.The results of the discussion illustrate that, the main point of doctors and health workers in carrying out their duties is the implementation of concrete agreements both written and oral. Empirical facts show that, doctors do not carry out the procedure because the patient is unconscious when will be a medical action. Judex Facti's consideration is entirely based on information and documents made unilaterally by doctors without medical records, this is in violation of the provisions of Article 2 paragraph (3) and (4) Regulation of the Minister of Health Rl Number 585 / Men.Kes / Per / IX / 1989 concerning medical approval. Second, the model for protecting patient rights in law enforcement is applying reverse evidence to doctors as defendants of malpractice in relation to the fulfillment of informed consent, because the medical profession is able to explain. From several cases, it appears that the judge's decision is not fundamental to informed concent, but tends to the negligence aspect of the doctor or medical personnel by referring to Article 359 of the Criminal Code, is negligence also called error, lack of caution.


Politeja ◽  
2019 ◽  
Vol 16 (2(59)) ◽  
pp. 91-106
Author(s):  
Roswitha Badry

By all accounts, the Islamic Republic of Pakistan has the strictest “blasphemy laws” among countries with a majority Muslim population. The controversial amendments to the provisions of the Pakistan Penal Code on “offences relating to religion” go back to General Zia ul-Haq’s top-down policies of Islamization. Despite their flaws, doubtful legitimacy, and negative repercussions, the “blasphemy laws” have neither been reformed nor abolished under subsequent governments. This contribution will shed light on the complex political, economic, and social factors that have led to both the emergence of the laws and to the continuous escalation of the situation in terms of increased sectarian and religiously- motivated violence that the ongoing debate about the “blasphemy laws” has engendered. It may be asked, to what extent the controversy on the laws can be taken as indicative of problems with which the country was confronted since its formation, and to what extent shifts and transformations in the socio-political structure of Pakistan, the inability or unwillingness of the authorities to deal with the challenges in a systematic way, and also external factors have exacerbated these deep-rooted problems.


Author(s):  
Kirill Alekseevich Berchanskiy

The subject of this study is the judicial practice of Russian courts on cases commeneced against&nbsp;medical personnel under the&nbsp;Part 2 of the Article 109 of the Criminal Code of the Russian Federation&nbsp;&ndash; infliction of death by negligence due to improper performance of professional duties. The subject of research also includes the legal framework on the procedure for conducting forensic medical examination in the Russian Federation, medical legislation, as well as the relevant provisions of the Criminal code of the Russian Federation. The scientific novelty of this research connsists in the comprehensive approach towards its implementation, including the analysis of the current judicial practice of Russian courts on medical malpractice. As a result of this analysis, the main problems that Russian courts face when assessing the causal relationship in iatrogenic crimes, primarily committed by omission, were identified. Through a detailed analysis of the laws and bylaws governing the procedure for conducting a forensic medical examination, the author has identified possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in jurisprudence. Also, using the historical method of interpretation, the author revealed the existence and causes of significant contradictions in the relevant legislation. Using a comparative-analytical method applied to the Russian criminal and forensic legislation, the main problems that hinder the effective and fair consideration of iatrogenic cases at the moment are identified, and ways to solve them are proposed depending on the state's priorities in criminal policy.


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