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All Journal Yustisia Jurnal Hukum IUS QUIA IUSTUM Justitia et Pax INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Anny Retnowati
Universitas Atma Jaya Yogyakarta
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences

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KEBIJAKAN HUKUM PIDANA TERHADAP MALPRAKTIK MEDIS PADA RUMAH SAKIT Retnowati, Anny; Sundari, Elisabeth
Justitia et Pax Vol 37, No 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3303

Abstract

Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.
Fungsionalisasi UU No. 23 Tahun 2004 dalam Penanggulangan Tindak Pidana dalam Lingkup Rumah Tangga (Analisis Putusan No. 98/Pid.B/2007/PN.YK dan Putusan No. 273/Pid.B/2010/PN.SLMN.) Anny Retnowati
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 1: Januari 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss1.art8

Abstract

This research was conducted to answer two problems: first, the counter measures for criminal acts in households, especially the acts related to two decrees, those are Decree No. 98/Pid.B/2007/PN.YK and Decree No. 273/Pid.B/2010/PN.SLMN. Second, the settlement taken related to those two decrees. The research used normative method. The findings show that: first, criminal acts in household scope especially ones related to Decree No. 98/Pid.B/2007/PN.YK and Decree No. 273/Pid.B/2010/PN.SLMN are countered by functionalize Article 41 verse (1) of Law No. 23 of 2004 on Domestic Violence Regulation. Second, the settlement of those two cases is conducted using repressive legal process that can prove that those two defendants had convincingly and legally conducted criminal act in form of violence against their wives. Consequently, District Court of Yogyakarta decided six-month imprisonment, and District Court of Sleman decided one-year imprisonment for the defendants.
THE WEAKNESS OF THE CONTROL SYSTEM FOR FIGHTING CORRUPTION IN THE JUDICIAL PROCESS: THE CASE OF INDONESIA Elisabeth Sundari; Anny Retnowati
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 2 No. 1 (2021): February 2021
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v2i1.35

Abstract

Several supervisory bodies have been established under government policy in Indonesia to prevent and eradicate corruption within the judicial process. However, these appear to be ineffective, as evidenced by the fact that corruption by judges, prosecutors, and court officials remain high [11, 12, 19, 20]. The purpose of this research is explaining the weaknesses of the control model in fighting corruption within the judicial process and its factors. Normative research has been conducted on the legal policies affecting the control system of the judicial process in Indonesia to redress the issue. The results show that from the quantitative perspective, adequate supervisory bodies have been established to deal with corruption. For instance, there is an internal supervisory body for each institution in the judicial process, together with external supervisory bodies such as the Judicial Commission, Corruption Eradication Commission, and Examination Commission. Nevertheless, from the qualitative perspective, many weaknesses remain. Firstly, government policy focuses on the model for internal supervisory bodies rather than external. Secondly, although external supervisory bodies are established, they have no broader authority, except the Corruption Eradication Commission. Thirdly, external control through community participation has limited jurisdiction. Finally, the punishment enforcement system is ineffective
KEBIJAKAN HUKUM PIDANA TERHADAP MALPRAKTIK MEDIS PADA RUMAH SAKIT Anny Retnowati; Elisabeth Sundari
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3303

Abstract

Malpractice still occurs a lot, both by hospitals and doctors, although there are several legal instruments that regulate hospitals, as well as medical practice with sanctions for violators of health laws. The purpose of this study is to explore the deficiencies that exist in legal policies, and to propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law concerning malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of primary and secondary legal material data, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and overcome malpractice optimally, namely incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as a turn towards acts against the law and the limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed, namely by clearly formulating and detailing the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminal, civil, and administrative, the hospital is also responsible for malpractice committed by doctors with conditions in certain conditions, procedural law must be lex specialis by, for example, imposing strict liability.
POLITIK HUKUM DALAM MENATA REKAM MEDIS SEBAGAI SARANA PERLINDUNGAN HUKUM TERHADAP RUMAH SAKIT, DOKTER DAN PASIEN Retnowati, Anny
Yustisia Vol 2, No 2: August 2013
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v2i2.10208

Abstract

AbstractThe purpose of this article is to discuss about legal provision of medical record based on  legal policy of Indonesia as stated in the preamble of the 1945 constitution, that is “to protect all Indonesian people and to give public welfare based on Five principles.”  Such legal policy is harmonized with new paradigm in handling health problems stated at Icpd in cairo 1994 and then arranged in lower legal statutes such as Medical practice Law, Health Law, Hospital Law and Health Minister’s regulation No. 269/MENKES/pEr/ III/2008 on Medical record which can be used as means to give legal protection to hospital, doctor and patient whenever these three parties are involved in a legal conflict dealing with health care and services.Key words: legal policy, medical  record,  legal  protection, legal conflict , health care and services.AbstrakTulisan ini bertujuan untuk membahas tentang pengaturan hukum terhadap rekam medis berdasarkan politik hukum Indonesia sebagaimana tercantum dalam Pembukaan UUD 1945, yaitu “melindungi segenap bangsa Indonesia dan untuk memajukan kesejahteraan umum berdasarkan Pancasila.” Politik hukum tersebut diharmonisasikan dengan paradigma baru dalam penanganan masalah kesehatan yang dicanangkan pada Icpd Kairo 1994, lalu kemudian dijabarkan dalam peraturan perundang-undangan yang lebih rendah seperti UUPK, UUK, UURS dan Permenkes No. 269/MENKES/PER/III/2008 tentang Rekam Medis yang dapat digunakan untuk memberikan perlindungan hukum  terhadap rumah sakit, dokter dan pasien manakala terjadi konflik hukum dalam sistem pemeliharaan dan pelayanan kesehatan yang melibatkan ketiga pihak tersebut.Kata kunci: politik hukum, rekam medis, perlindungan hukum, konflik hukum, pemeliharaan dan pelayanan kesehatan.
Co-Authors Elisabeth Sundari