Tjahjono Kuntjoro
Master of Law Science The concentration of Health Law Soegijapranata Catholic University of Semarang

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Legal Protection for Nurses in Non Civil Servants in Health Centers in Langgudu Sub-District Bima Regency After the Enactment of Law Number 38 the Year 2014 Concerning Nursing Al Muhajirin; Tjahjono Kuntjoro; Yovita Indrayati
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.572 KB) | DOI: 10.24167/shk.v4i2.1486

Abstract

Local Government Clinic in Langgudu Subdistrict, Bima Regency, is one of the Government institutions that employ health and non-health workers. One of the health workers themselves is nurses. Nurses who practiced at the clinic have recruited both nurses who have the status of civil servants, impermanent officers, and voluntary nurses. The voluntary nurses who were recruited and appointed by the head of the clinic. On the other hand, the recruitment in the local government should comply with the legislation of the state civil apparatus. As the recruitment is not by the legislation of the state civil apparatus, it will have an impact on the legal protection for the nurses in a local government clinic.                 This research was done at a clinic in Langgudu subdistrict of Bima Regency using sociology juridical research method. The specification of the research was descriptive analytic using primary and secondary data. Data collection techniques used in the research was face to face interview, question draft distribution, and interview by phone. The Information or resource of this research was the head of the health official, heads of clinics in Langgudu subdistrict and the chairman of Indonesian National Nurses Organization of Bima Regency. Then, The respondents were the nurses who work at the clinic in Langgudu Subdistrict, either nurse who have the status of civil servant, local honorary workers or the voluntary nurses.                The research result found that the regulation of employee appointment to work in a government institution was set in regent’s regulation number 15A about appointment guideline, placement, Dismissal, and honorary workers discipline of local government. In the regulation, the person who has authority in appointing the employees is the regent as the builder of the officers. In implementing of the regulation the head of the Clinic appointsnurse workers by himself to employ at the clinic. Thus, such things have already broken authority as leader of the institution in the sphere of local government as it is not by the rules of the Regent of Bima. Therefore, such appointments an obstacle in giving protection for voluntary Nurses because the process of appointment is not appropriate and breaking authority. As a head of clinics is not given authority and should not recruit or appoint the workers to employ at government institutions. The appointment of the workers shows that understanding of heads of clinics about management of the worker appointment at the clinics still lack, in addition to the absence of legislation regulations managing the volunteers so that it is an obstacle in providing legal protection for voluntary nurses who work in a clinic.
The Protection of The Right to Health Services for The People With mental Disorders Especially in Yogyakarta Based on Law Number 18 of 2014 Mental Health Odilia Esem; Endang Wahyati; Tjahjono Kuntjoro
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (163.224 KB) | DOI: 10.24167/shk.v4i2.1487

Abstract

The rights to health care were basic rights that were subjected to every person, including people having mental disorders (ODGJ). The ODGJ had the same opportunity to get health services through the mental health facilities, mental health workers, mental health supplies provided by the government. This study aimed to know the regulation on ODGJ’s health service rights, the implementation of the protection of ODGJ’s rights to health services and the factors affecting the implementation of the protection of ODGJ’s rights to health services. The research was conducted at the Special Province of Yogyakarta (DIY) namely in Grhasia Mental Hospital, Panembahan Senopati General Hospital of Bantul and Mergangsan Public Health Center. This research applied a socio-legal approach having an analytical-descriptive specification. The data gathered were primary and secondary data that were obtained by field studies and literature study. The field studies were conducted by interviews with the directors of the hospitals, Head of the Public Health Center, Head of Health Office, and ODGJ’sfamilies. The data were then qualitatively analyzed. The results of the study showed that there had been provisions ODGJ’s rights to health services based on the Republic of Indonesia’s Constitution, Act Nr. 39 of 1999 on Human Rights, Act Nr. 36 of 2009 on Health, Act Nr.18 of 2014 on Mental Health, Minister of Health’s Regulation Nr. 43 of 2016 on Minimum Service Standard in Health Sector, Yogyakarta Special Province’s Regulation Nr. 1 of 2014 on Vagrant and Beggars and Yogyakarta Governor’s Regulation Nr. 81 of 2014 on Guidance for Stocks Placement Prevention. Health services for ODGJ had been accomplished in Yogyakarta Province by providing health facilities at both the hospitals and the public health center as well. However, the protection of ODGJ’srights to health services had not been optimally fulfilled. It was influenced by several factors namely juridical, social and technical factors.