scholarly journals Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 280 ◽  
Author(s):  
Theresia Louize Pesulima ◽  
Yosia Hetharie
Keyword(s):  
Critical Period ◽  
Health Workers ◽  
Legal Protection ◽  
The Public ◽  
Global Government

Indonesia is entering a critical period of the Covid-19 pandemic. Health workers are a profession that is in the vanguard and fight directly against Covid-19. Under these conditions, sometimes health workers have to sacrifice their lives to protect the public from the spread of the Covid-19 pandemic. From the results of the discussion, it can be concluded that the legal protection of the workforce safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in the legislation. In the implementation of the rights of health workers during the Covid-19 pandemic still neglected and have not been fulfilled. Therefore, the role and responsibilities of the global government are needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.

scholarly journals Medical Safety Legal Protection Based on Hospital Law in The Covid 19 Era

2021 ◽  
Vol 2 (8) ◽  
pp. 1381-1391
Author(s):  
Yana Sylvana ◽  
St. Laksanto Utomo
Keyword(s):  
Health Professionals ◽  
Critical Period ◽  
Health Workers ◽  
Legal Protection ◽  
Workplace Safety ◽  
Legal Research ◽  
Medical Safety ◽  
The Public ◽  
Legal Method ◽  
Virus Spreading

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.

scholarly journals Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures

FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 51-74
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi ◽  
Retno Kusniati
Keyword(s):  
Health Worker ◽  
Health Workers ◽  
Legal Protection ◽  
Legal Framework ◽  
Protective Equipment ◽  
Public Place ◽  
The Public ◽  
Legal Development ◽  
Containment Measures ◽  
The Right

This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.

scholarly journals LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES

2020 ◽  
Vol 4 (1) ◽  
pp. 24
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Informed Consent ◽  
Health Services ◽  
Medical Malpractice ◽  
Medical Service ◽  
Health Workers ◽  
Legal Protection ◽  
Professional Standards ◽  
The Public ◽  
Library Research ◽  
Service Standards

Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.

scholarly journals LEGAL PROTECTION ASPECT OF SELLING DRUG TRANSACTIONS THROUGH ONLINE PHARMACY SERVICE

2020 ◽  
Vol 4 (1) ◽  
pp. 266
Author(s):  
Upik Mutiara ◽  
Nur Insani
Keyword(s):  
Health Workers ◽  
Legal Protection ◽  
Health Law ◽  
Legal Research ◽  
Close Attention ◽  
The Public ◽  
Research Material ◽  
Online Pharmacy ◽  
Pharmacy System ◽  
Legal Consequences

This writing aims to find out how the form of legal protection against consumers in the event of default in conducting drug sales transactions through online pharmacy services and to find out the form of liability by the seller or pharmacist when committing negligence to consumers in the transaction. This writing uses the normative legal research method with the data collection method used is the Literature Method; Tracing the research material is done by reading, studying, and quoting legislation, and related literature and then the data obtained are analyzed qualitatively.The results of this study address that: (1) the form of legal protection for online pharmacy consumers has been specifically regulated in the health law, the law on health workers and generally regulated in the consumer protection law. (2) The legal consequences obtained by the pharmacist or negligent seller is to provide compensation to consumers if proven to have neglected and are responsible for their profession both in civil and administrative terms. Based on these results, it is recommended: (1) pharmacists or sellers to pay close attention to every doctor's prescription that enters the pharmacy system in order tomaintain the safety and security of consumers in consuming drugs. (2) Consumers or the public must be more careful when receiving drugs from pharmacists so that if pharmacists are negligent, drugs can be replaced immediately before consumption.

IMPLEMENTATION OF FATWA ULAMA COUNCIL ACEH CONCERNING MAINTAINING FARDHU KIFAYAH FOR THE MUSLIM’S CORPSE INFECTED BY COVID 19 IN BANDA ACEH

2020 ◽  
Author(s):  
Andri Nirwana
Keyword(s):  
Health Workers ◽  
Descriptive Analysis ◽  
Body Fluids ◽  
The Body ◽  
Analysis Approach ◽  
Data Sets ◽  
Infected People ◽  
The Public ◽  
The People ◽  
Banda Aceh

Abstract: The phenomenon of the people who forcibly took covid's corpse 19 from the hospital to be taken care of by Fardhu Kifayah by his family and the community, became a conclusion that there was community doubt about the management of Tajhiz Mayat conducted by the hospital. Coupled with the circulation of the video of the Ruku movement 'in the corpse prayer conducted by unscrupulous parties at the Hospital, became added doubts from the public against the hospital. To solve this problem, this research uses a Descriptive Analysis approach, namely by formulating a question, namely How to arrange Covid 19's body in Banda Aceh and this question will be answered with several theories and data sets from the field. So it was concluded in a conclusion that answered the formulation of the problems mentioned. Theoretically the spread of covid 19 is very fast, the size of the virus is only 0.1 micrometer and is in body fluids, especially nasopharyngeal fluid and oropharyngeal fluids of infected people, fluids in the body of covid 19 bodies can get out through every gap of the body such as mouth, nose, eye and rectum, because it requires special techniques in its management. Fardhu kifayah to covid 19 bodies should be carried out by trained Ustad and trained health workers, so that the spread stopped. The results of this study concluded that the management of the Moslem bodies died at Zainal Abidin Hospital in Banda Aceh was in accordance with the Fatwa of the Aceh Ulama Council (MPU) and the bodies were handled by trained Ustad and health workers.

MEASURES FOR PREVENTION OF CORRUPTION IN PUBLIC ADMINISTRATION IN R. MACEDONIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1919-1923
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevsk
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Legal Protection ◽  
The Public ◽  
Republic Of Macedonia ◽  
Modest Contribution ◽  
Serious Crime ◽  
New Strategy ◽  
Main Motive ◽  
The Republic

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.

scholarly journals Health workers’ perspectives on informed consent for caesarean section in Southern Malawi

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Wouter Bakker ◽  
Siem Zethof ◽  
Felix Nansongole ◽  
Kelvin Kilowe ◽  
Jos van Roosmalen ◽  
...  
Keyword(s):  
Informed Consent ◽  
Caesarean Section ◽  
Health Workers ◽  
Group Discussion ◽  
Legal Protection ◽  
Analytical Framework ◽  
Structured Interviews ◽  
Middle Income ◽  
Partial Disclosure ◽  
Labour Pains

Abstract Objective Informed consent is a prerequisite for caesarean section, the commonest surgical procedure in low- and middle-income settings, but not always acquired to an appropriate extent. Exploring perceptions of health care workers may aid in improving clinical practice around informed consent. We aim to explore health workers’ beliefs and experiences related to principles and practice of informed consent. Methods Qualitative study conducted between January and June 2018 in a rural 150-bed mission hospital in Southern Malawi. Clinical observations, semi-structured interviews and a focus group discussion were used to collect data. Participants were 22 clinical officers, nurse-midwives and midwifery students involved in maternity care. Data were analysed to identify themes and construct an analytical framework. Results Definition and purpose of informed consent revolved around providing information, respecting women’s autonomy and achieving legal protection. Due to fear of blame and litigation, health workers preferred written consent. Written consent requires active participation by the consenting individual and was perceived to transfer liability to that person. A woman’s refusal to provide written informed consent may pose a dilemma for the health worker between doing good and respecting autonomy. To prevent such refusal, health workers said to only partially disclose surgical risks in order to minimize women's anxiety. Commonly perceived barriers to obtain a fully informed consent were labour pains, language barriers, women’s lack of education and their dependency on others to make decisions. Conclusions Health workers are familiar with the principles around informed consent and aware of its advantages, but fear of blame and litigation, partial disclosure of risks and barriers to communication hamper the process of obtaining informed consent. Findings can be used to develop interventions to improve the informed consent process.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Riforma psichiatrica e psicoterapia sistemica. Continuitŕ, sviluppi, problemi aperti

PSICOBIETTIVO ◽  
2009 ◽  
pp. 47-64
Author(s):  
Luigi Onnis
Keyword(s):  
Public Services ◽  
Health Workers ◽  
Psychiatric Hospitals ◽  
Mental Health Workers ◽  
Basic Principles ◽  
Psychiatric Reform ◽  
The Public ◽  
Italian Law ◽  
New Interpretation ◽  
Systemic Psychotherapy

- The Author, in this paper, first of all reconstructs the essential historical phases of the theoretical and practical renewal process which preceded and accompanied the 180 law approval, that established the psychiatric hospitals closing. He then describes the Italian psychiatric reform characteristics, underlining how it produces the emerging of needs of new interpretation and intervention methods about psychic sufference: in this perspective psychotherapy has a crucial role and the italian law in psychotherapeutic training regulation is a further support. Particularly systemic psychotherapy proposes common basic principles with regard to the psychiatric reform and can represent an useful instrument for developping innovative concepts and practices. Finally the Authors put critically in evidence the problems still unresolved, not only concerning the need of a full application of the reform law, with the creation of territorial services and structures where they are still lacking or insufficient, but, over all, promoting the diffusion into the public services of a psychotherapeutic culture and practice.Key Words: Italian Psychiatric Reform, Law 180, Systemic Psychotherapy, Psychotherapeutic Culture, Public Services, Mental Health Workers Formation.Parole chiave: riforma psichiatrica italiana, legge 180, psicoterapia sistemica, cultura psicoterapeutica, servizi pubblici, formazione degli operatori.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

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