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Isharyanto Isharyanto
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Journal : Journal of Health Policy and Management

 1 
Criminal Legal Accountability on Medical Privacy Violations Ridwan, Ridwan; Isharyanto, Isharyanto; Purwadi, Hari
Journal of Health Policy and Management Vol 4, No 1 (2019)
Publisher : Masters Program in Public Health, Universitas Sebelas Maret, Indonesia

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Background: The secret of medicine or medical secrets is the right of the patient, this secret is a moral obligation based on the norms of decency originating from Hippocratic oaths, maintaining the secret of medicine is the duty of doctors to carry out their duties and practices. This provision is regulated in Article 48 of Law Number 29 of 2004 concerning Medical Practice, if this secret is leaked it can be held liable for violators. The purpose of this study was to solve legal issues and at the same time provide a prescription regarding the need for legal sources in the form of primary legal materials and secondary legal materials.Subjects and Method: This was a systematic review with normative juridical methods to solve legal issues.Results: Legal liability for medical secrets in health service facilities can be applied to the Criminal Code (KUHP). Disputes that occur regarding doctors or health personnel are resolved through professional organizations. Doctors through the Indonesian Doctors Discipline Honorary Council (MKDKI) but MKDKI did not have the authority to examine Criminal cases. Violations of medical secrets or job secrets, legal liability is not regulated or not based on legislation in force in the health sector, but the legal liability of violations of medical secrets comes from the general Criminal Code (KUHP).Conclusion: The secret of medicine is the autonomy right of patients. Maintaining the secret of medicine is the duty of doctors to health service facilities, the secret of medicine is not absolute and can be opened in certain circumstances, but this secret can be opened in accordance with the provisions of legislation. If the secret is leaked, violators can be asked for legal responsibility, especially Article 322 of the Criminal Code.Keywords: Medical Secrets, Criminal Legal Accountability, Health Services.Correspondence: Ridwan. Masters Program in Law, Universitas Sebelas Maret, Jl. Ir. Sutami No. 36 A, Surakarta, Central Java 57126. Email: ridwanozil16@yahoo.com. Mobile: +6281237553434Journal of Health Policy and Management (2019), 4(1): 67-75https://doi.org/10.26911/thejhpm.2019.04.01.08
Informed Consent Reformulation by Health Personnel in Health Services Sari, Dian Lukita; Suryono, Arief; Isharyanto, Isharyanto
Journal of Health Policy and Management Vol 3, No 1 (2018)
Publisher : Masters Program in Public Health, Universitas Sebelas Maret, Indonesia

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Background: Informed consent is an approval given after receiving information. The arrangement of informed consent is more emphasized on the medical act, namely the Minister of Health Regulation no. 290 of 2008 on Approval of Medical Measures, whereas in addition to doctors / dentists including health personnel must also obtain the consent of the patient. Article 68 paragraph (6) of Law no. 36 of 2014 on Health Manpower explaines that the procedures for approval of the Health Manpower Act are regulated by Ministerial Regulation, but until now none of it existed. Therefore, it is necessary to reformulate informed consent to provide legal certainty for all health personnel.Subjects and Methods: Normative type study with statute approach that is legislation and conceptual approach, technique of collecting law material with literature study. Technical analysis of legal materials was done by formulating legal principles, formulating legal understanding and formation of legal standards.Results: Urgency of reformed informed consent in health service action for health personnel viewed from the perspective of legislation that is Law no. 36 Year 2009 on Health, Law no. 44 Year 200 on Hospital, Law no. 36 of 2014 on Health Manpower and Regulation of the Minister of Health RI No. 69 of 2014 on Hospital Obligations and Patient Obligations explained that informed consent is provided by health personnel. Urgency due to social interests in the matter of public security as well as social interests concerning the lives of individuals. Urgency of legal certainty that the law can be implemented properly if there is adequate regulation and equal treatment before the law. Ideal informed consent reform as the implementation of Article 68 paragraph (6) of the Law on Health Manpower needs to re-regulate Regulation of the Minister of Health Number 290 Year 2008 regarding Approval of Medical Measures. Reformulation of preliminary consideration and consideration considering the adjusted development of science as well as legal subjects informed consent uniformed into health personnel.Conclusions: The urgency of reformulating informed consent is because in the therapeutic agreement, it is the fulfillment of the principle of consensualism in the agreement; for the social interest in public security matters and concerning the lives of individuals and need the latest regulation for legal certainty for all health personnel. Ideal informed consent reform is the needs to reorganize the Approval of Health Personnel Act by substituting Regulation of the Minister of Health No. 290 Year 2008 on Approval of Medical Measures, by changing the subjects for "Health Personnel".Keywords: informed consent, health service, health personnel.Correspondence:Dian Lukita Sari. Masters Program in Law, Universitas Sebelas Maret, Jl. Ir. Sutami No. 36 A, 57126, Surakarta, Central Java Email: dtiar02@gmail.com. Mobile: +6285648127557Journal of Health Policy and Management (2018), 3(1): 47-55https://doi.org/10.26911/thejhpm.2018.03.01.07
Legal Construction of Nursing Accountability in Circumcision Practice Sediyo, Panggih; Isharyanto, Isharyanto; Suryono, Arief
Journal of Health Policy and Management Vol 3, No 2 (2018)
Publisher : Masters Program in Public Health, Universitas Sebelas Maret, Indonesia

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Background: Circumcision is one of the surgical practices often performed by nurses in rural and urban areas. Minister of Health Decree No. 1239 of 2001 on the registration and practice of nurses has not provided clarity on the limits of authority and legal protection for certain nurses. Many nurses provide services in the community that are not in accordance with the rules and authority.Subjects and Method: This was a normative study with statute, case study, and conceptual approach. Legal materials were collected using document review. Legal materials were analyzed by describing the problem under study.Results: Article 65 of Law Number 36 the Year 2014 on Health Personnel provides delegation of authority from the doctor to the nurse if the doctor cannot perform a medical service, provided that the physician is obliged to provide clear written authority delegation to perform the medical service. Regulation of the Minister of Health of the Republic of Indonesia No. 17 of 2013 on Amendment to Regulation of the Minister of Health No. Hk.02.02/Menkes/148/I/2010 Concerning Permits and Implementation of Nurse Practices states that medical service can only be delivered based on written request from the doctor. Regulation of the Minister of Health of the Republic of Indonesia Number 17 the Year 2013 Concerning Amendment to Regulation of the Minister of Health No. Hk.02.02/Menkes/148/I/2010 Concerning Permission and Implementation of Nurse Practice Article 3a authorize Nurses to undertake nursing practice in health-care facilities outside of the solo practice.Conclusion: Legal construction for nurses who practice circumcision provides legal certainty in the rules relating to solo practice so that there is a law protection. Ministerial Regulation does not have binding power. The researcher suggests that a more binding legal regulation of circumcision by nurses be developed, for example by adding to the provisions of Law No. 36 of 2014.Keywords: circumcision, health service, nursing accountability, legal protection, nurse authorityCorrespondence:Panggih Sediyo. Masters Program in Law, Universitas Sebelas Maret, Jl. Ir. Sutami No. 36 A, 57126, Surakarta, Central Java. Email: panggihsediyo@gmail.com. Mobile: +6285726509884.Journal of Health Policy and Management (2018), 3(2): 92-100https://doi.org/10.26911/thejhpm.2018.03.02.05
Evaluation on Health Policy Implementation for Decreasing Maternal Mortality Rate through Prenatal Class Program in East Ogan Komering Ulu, South Sumatera Saragih, Elfina; Purwadi, Hari; Isharyanto, Isharyanto
Journal of Health Policy and Management Vol 4, No 2 (2019)
Publisher : Masters Program in Public Health, Universitas Sebelas Maret, Indonesia

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Background: An indicator to determine public health is maternal mortality rate (MMR). Based on the Indonesian Demographic and Health Survey (IDHS) in 2012, MMR in Indonesia was still at 359 per 100,000 live births. Community participation is very supportive in efforts to reduce maternal mortality through prenatal class. This study aimed to explore the implementation of prenatal class as an effort to reduce maternal mortality.Subjects and Method: This was a qualitative descriptive study. The study was carried out in east Ogan Komering Ulu, South Sumatera, Indonesia. Key informants consisted of 5 subjects namely Head of east Ogan Komering Ulu Health Office, Head of family health section, Head of Rawa Bening Health Center, 10 midwives, and head village. The data were collected by in-depth inter­view, observation, and document review.Results: Prenatal class activities in Rawa Bening community health center have been imple­mented for a long time. Stakeholders worked together in accordance with their respective tasks and functions. Prenatal class activities have resulted in increased knowledge of mothers and families about pregnancy, postpartum care, newborn care, and family planning. However, pregnant women who were participated in prenatal class was still low.Conclusions: Prenatal class program in east Ogan Komering Ulu, has been implemented accord­ing to the implementation guidelines. However, pregnant women who were participated in prenatal class is still low.Keywords: maternal class program, maternal mortality rate, evaluationCorrespondence: Elfina Saragih. Masters Porgram in Law, Universitas Sebelas Maret. Jl. Ir. Sutami 36A, Surakarta, Central Java, Indonesia. Email: elfinasaragih@gmail.com. Mobile: +628527066626 Journal of Health Policy and Management (2019), 4(2): 111-116https://doi.org/10.26911/thejhpm.2019.04.02.06
Juridical Review of Presumed Consent as the Right of Patients in Emergency Conditions Puspitasari, Rindy Alief; Isharyanto, Isharyanto; Purwadi, Hari
Journal of Health Policy and Management Vol 4, No 2 (2019)
Publisher : Masters Program in Public Health, Universitas Sebelas Maret, Indonesia

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Background: Doctors and patients are two legal subjects who are bound in a therapeutic tran­saction. This transaction involves informed consent. Informed consent is the doctor's obligation and the patient's rights. There are exceptions to the application of informed consent in emergency situations. The doctor is still obliged to provide help even though the patient is in an unconscious condition and cannot give consent to the action. This is known as the Presumed Consent. This study aimed to explore presumed consent as the right of patients in emergency conditions using juridical review.Subjects and Method: This was a normative study with a law approach, case study, and concep­tual approach. Legal materials used are written documents and the results of interviews. The technique of analyzing legal materials by formulating principles and legal understanding and evaluating the results of interviews. Respondents consisted of 6 General Practitioners who worked in the emergency room, ICU, treatment room, and operating room at PKU Muhammadiyah Sukoharjo Hospital.Results: According to article 17 of the medical ethics code (KODEKI) in 2012, every doctor is obliged to carry out emergency assistance as a form of humanitarian duty. This was similar to Article 51 of Law No. 29 of 2004 concerning Medical Practice. Whereas, in article 29 paragraph (1c) of Law No. 44 of 2009 concerning Hospitals it is explained that the Hospital is also obliged to provide emergency care to patients according to their abilities. If the patient is considered unable to be treated, the doctor must refer to a doctor who is more competent after giving emergency care, but if the doctor has been able to take action according to professional standards and procedures, the doctor must provide an explanation after the patient is aware or to the closest family. The results of interviews with general practitioners at Muhammadiyah Hospital in Sukoharjo, Central Java from 6 respondents all stated that patients had the right to get emergency assistance according to the standard even though without written consent from patients and families. After being aware, the patient and/or family will continue to explain information about the condition and follow-up on its handling.Conclusion: In accordance with the laws and regulations on informed consent in emergency conditions or called presumed consent, patients are entitled to immediate emergency assistance and the doctor is obliged to carry out help in accordance with professional standards and procedures. The implementation of presumed consent as a patient's right by General Physician of PKU Muhammadiyah Sukoharjo Hospital has been running according to the standard.Keywords: Emergency, Patient Rights, Presumed Consent, Juridical Review.Correspondence: Rindy Alief Puspitasari. Master Program in Law, Universitas Sebelas Maret, Jl. Ir. Sutami 36A, 57126, Surakarta, Central Java. Email : aliefprindy@gmil.com. Mobile: +6285701587295.Journal of Health Policy and Management (2019), 4(2): 96-104https://doi.org/10.26911/thejhpm.2019.04.02.04
Co-Authors Achmad Achmad Achmad Achmad Achmad Fawaid, Achmad Adi Sulistiyono Adriana Grahani Firdausy Agus Riwanto, Agus Airlangga Surya Nagara Andina Elok Maharani Andina Elok Puri Maharani Anom Husodo, Jadmiko Aprilina Pawestri Ari Maulana Yudha Pratama Arief Suryono Ayub Torry Satriyo Kusumo Bimantya, Deva Mahendra Caesar Dian Lukita Sari Elok Puri Maharani, Andina Handayani, I Gusti Ketut Ayu Rachmi Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih I Gusti Ayu Ketut Rachmi Handayani Ismail Marzuki Jamal Wiwoho Jayuska, Rizki Lego Karjoko M Ridhwan Madalina, Maria Mufidah Mufidah Muhammad Aziz Zaelani Mutia Huda, Clarisa Purnama Adi , Fadhil Puspitasari, Rindy Alief Putri, Delasari Krisda Ridhwan, M Ridwan, Ridwan Rifandy Ritonga Rosita Candrakirana Rudy Rudy Saragih, Elfina Sasono, Satryo Sediyo, Panggih Setiaji, Sigit Siti Fatimah Sri Wahyuni Supanto Supanto Ummul Firdaus, Sunny Vivi Pusita Sari A.P, Aulia Oktarizka Wardi, Musa Wasis Singgih Sasono