Ahmad Ma’mun Fikri
Master of Law, Postgraduate School, Nusantara Islamic University

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Legal Responsibility and Protection of Obstetrics and Gynecology Residents in Delegated Emergency Care Authority in Disadvantaged, Frontier, and Outermost Regions: An Analysis of Law No. 17 of 2023 on Health Bahar Sangkur Gusasih; Ahmad Ma’mun Fikri
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.96

Abstract

Obstetric emergency services in Underdeveloped, Frontier, and Outermost (3T) regions face complex medicolegal challenges, particularly regarding the limited number of Obstetricians and Gynecologists (OBGYN). The presence of Residents (Specialist Doctor Education Program Participants/PPDS) assigned to 3T areas places them as emergency medical decision-makers through the mechanism of delegation of authority from the sole OBGYN as the Doctor in Charge of Services (DPJP). This study aims to analyze the boundaries of legal responsibility and protection for OBGYN Residents performing emergency obstetric procedures in 3T areas based on Law Number 17 of 2023 concerning Health. This study uses a normative juridical method with a statutory and conceptual approach. The results indicate that Law No. 17 of 2023 provides a framework for strengthening legal protection through medical personnel immunity in overmacht conditions within 3T regions. The study concludes that clear operational standardization of clinical delegation between educational institutions and regional hospitals is essential to ensure legal certainty and patient safety.
A Juridical Analysis of Legal Sanctions for Non-Adherent Tuberculosis Patients: Balancing Public Interest and the Right to Health Erry Prasetyo; Ahmad Ma’mun Fikri
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.97

Abstract

Tuberculosis remains a major public health challenge in Indonesia due to its long and complex treatment regimen requiring high adherence. Non adherence raises juridical and ethical dilemmas between the obligation of the state to protect public health and the obligation to guarantee the right to health and human dignity. This study analyzes the juridical feasibility of imposing legal sanctions on tuberculosis patients who fail to adhere to treatment. The research uses a normative juridical approach with statute, conceptual, and human rights approaches. The results indicate that Indonesian positive law does not explicitly criminalize non adherence to tuberculosis treatment. Current policy prioritizes administrative and public health approaches such as patient education, treatment supervision, and strengthening healthcare services. Criminal sanctions therefore should not be the primary instrument in addressing treatment non adherence, and should only be considered as ultimum remedium in exceptional circumstances.   Keywords: Tuberculosis, treatment adherence, legal sanctions, public health law, human
Legal Responsibility Of Hospital For Refusal To Provide To Provide Emergency Medical Services In Case Of Meternal And Neonatal Death In Papua Province Jeuquline Octoviana Tentua; Ahmad Ma’mun Fikri
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.99

Abstract

This study is motivated by the case of Irene Sokoy, a pregnant woman, and her unborn child, who died after allegedly being refused medical services by four hospitals in Papua Province. This incident constitutes a legal event that reflects a serious failure in the healthcare service system. This study aims to analyze the construction of hospital legal liability in cases involving the sequential refusal of emergency patients and to examine how the law can play a more active role in addressing refusals of medical services that may endanger patients’ lives. It also seeks to identify the forms of legal responsibility that may be imposed on hospitals when the refusal of emergency services results in harm to patients. This research uses a normative juridical method with statutory, conceptual, and comparative law approaches. The findings indicate that the refusal of services by four hospitals cannot be viewed as isolated violations, but rather as a series of cumulative unlawful acts. This study emphasizes the need to strengthen the principle of a zero-refusal policy and to reform the national referral system. Furthermore, the findings show that the refusal of emergency medical services by hospitals constitutes a violation of their legal obligations as stipulated in Law Number 44 of 2009 on Hospitals and Law Number 17 of 2023 on Health. Hospitals may be held legally accountable in the form of civil, criminal, and administrative liability if they are proven to have refused services resulting in patient death.   Keywords: Legal Liability, Hospitals, Emergency Services, Sequential Refusal, Papua. This study is motivated by the case of Irene Sokoy, a pregnant woman, and her unborn child, who died after allegedly being refused medical services by four hospitals in Papua Province. This incident constitutes a legal event that reflects a serious failure in the healthcare service system. This study aims to analyze the construction of hospital legal liability in cases involving the sequential refusal of emergency patients and to examine how the law can play a more active role in addressing refusals of medical services that may endanger patients’ lives. It also seeks to identify the forms of legal responsibility that may be imposed on hospitals when the refusal of emergency services results in harm to patients. This research uses a normative juridical method with statutory, conceptual, and comparative law approaches. The findings indicate that the refusal of services by four hospitals cannot be viewed as isolated violations, but rather as a series of cumulative unlawful acts. This study emphasizes the need to strengthen the principle of a zero-refusal policy and to reform the national referral system. Furthermore, the findings show that the refusal of emergency medical services by hospitals constitutes a violation of their legal obligations as stipulated in Law Number 44 of 2009 on Hospitals and Law Number 17 of 2023 on Health. Hospitals may be held legally accountable in the form of civil, criminal, and administrative liability if they are proven to have refused services resulting in patient death.   Keywords: Legal Liability, Hospitals, Emergency Services, Sequential Refusal, Papua.