Agam Sulaksono
Universitas Maarif Hasyim

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Mekanisme Perlindungan Dan Kepastian Hukum Bagi Tenaga Medis Dan Tenaga Kesehatan Terhadap Kekerasan Dalam Pelayanan Kesehatan Wahyu Nur Chalamsah Setiawan; Agam Sulaksono; Ahmad Heru Romadhon; Rahayu Sri Utami
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v25i1.16560

Abstract

Background:  Violence against medical personnel and healthcare workers in healthcare services has increased significantly, creating an urgent need for comprehensive legal protection. Although Indonesian legislation has established preventive and repressive legal protection mechanisms, their implementation requires a holistic approach that integrates positive law with the ethical values of Islamic law to ensure justice, dignity, and safety for healthcare workers. Purpose:    Normative legal research was conducted through statutory, conceptual, and Islamic legal-ethical approaches, using Indonesian health regulations, criminal law provisions, maqāṣid al-sharī‘ah, and Islamic legal maxims as analytical materials Methods:   This study employed normative legal research using statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively to examine the legal framework governing the protection of healthcare workers and its compatibility with the principles of Islamic law. Results:  The study found that legal protection for medical personnel and healthcare workers is implemented through preventive and repressive mechanisms. Preventive protection includes the right to work in accordance with professional standards and standard operating procedures, the right to discontinue services when facing violence or degrading treatment, and the obligation of healthcare facilities to provide a safe working environment. Repressive protection is implemented through institutional dispute resolution, enforcement of professional ethics and discipline, legal assistance, and criminal law enforcement under the Indonesian Criminal Code when criminal elements are fulfilled. From the perspective of Islamic law, these mechanisms are consistent with the objectives of maqāṣid al-syarī‘ah, particularly ḥifẓ al-nafs (protection of life) and ḥifẓ al-‘irḍ (protection of human dignity), while the imposition of sanctions reflects the principles of ta‘zīr and siyāsah shar‘iyyah in safeguarding public welfare and preventing harm. Implication:   Strengthening legal protection for healthcare workers requires harmonization between statutory regulations, institutional governance, and effective law enforcement, while integrating Islamic ethical principles to promote a safe, dignified, and sustainable healthcare system. Originality:   This study contributes by integrating Indonesian positive law with Islamic legal principles in analyzing legal protection mechanisms for healthcare workers, demonstrating that preventive and repressive protection not only ensure legal certainty but also realize the objectives of maqāṣid al-syarī‘ah through the protection of life, dignity, and public welfare