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Journal : Journal Indonesia Law and Policy Review (JILPR)

SETTLEMENT OF MEDICAL DISPUTES THROUGH LITIGATION AND NON-LITIGATION Utama, Merry Sonia; Zamroni, Mohammad; Putera, Andika Persada
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 3 (2024): Journal Indonesia Law and Policy Review (JILPR), June 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i3.295

Abstract

This study aims to analyse the settlement of medical disputes and legal protection for doctors in the event of a medical dispute based on Law No. 17 of 2023 concerning Health. This research uses normative juridical research with a statute approach and conceptual approach. The technique of collecting all legal materials used in this research is literature study and analysed using deductive logic data analysis techniques. Law enforcement officials are encouraged to prioritize restorative justice mechanisms to resolve disputes in accordance with Article 306 of the Health Law. Additionally, medical disputes that result in harm to patients should be prioritized for out-of-court settlement. The Health Law in Article 308 provides more specific provisions when the patient files a civil lawsuit and/or criminal charges; they must first obtain a recommendation issued by the council. Article 273 expressly accommodates aspects of legal protection for doctors and health workers, stating that medical and health workers, including doctors, in carrying out their practices are entitled to legal protection as long as they carry out their duties in accordance with professional standards, professional service standards, standard operational procedures, and professional ethics, as well as patient needs.
LEGAL CONSEQUENCES OF SELLING ANTIBIOTICS DRUGS WITHOUT DOCTOR’S PRESCRIPTION IN PHARMACIES Khomsiyah; Zamroni, Mohammad; Adriano
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.302

Abstract

The use of antibiotic drugs is subject to statutory regulations, which require a doctor's prescription for purchase. Antibiotic drugs are classified as "list G drugs" or "hard drugs," and they can only be submitted with a doctor's prescription. The objective of this investigation is to examine the legal liability of pharmacies as sellers of antibiotics without a doctor's prescription and the legal repercussions for purchasers of antibiotics without a prescription. This research employs a form of normative legal research. This research employs a normative legal research method that employs primary data sources and secondary data, or data obtained through a statutory and conceptual approach. The results of this study are that the Pharmacist, as a pharmacy supervisor, is fully responsible for the delivery and collection of drugs to prevent unwanted events. Patients will not receive legal protection if they fail to comply with the Pharmacist's instructions to refrain from purchasing antibiotics without a doctor's prescription.
LEGAL PROTECTION OF CANCER PATIENTS’ SOCIAL SECURITY PARTICIPANTS IN TARGETING THERAPY SERVICES IN HOSPITAL Suanjaya, Made Agus; Sutarno, Sutarno; Zamroni, Mohammad
JILPR Journal Indonesia Law and Policy Review Vol. 4 No. 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v4i3.141

Abstract

The purpose of this study to analyse laws and regulations as legal protection for social security participants in targeting therapy services in hospitals and to analyse the responsibility of the hospital for targeting therapy services. Legal protection for cancer patients participating in social security in targeting therapy services in hospitals in accordance with what is regulated in the 1945 Constitution, then Law Number 29 of 2004 concerning Medical Practice; Law of the Republic of Indonesia Number 36 of 2009 concerning Health, which shows that the state present in providing protection and legal protection to its people. So in practice in the field, both hospitals and medical personnel must stick to this rule so that cancer patients participating in social security receive optimal service in accordance with the latest scientific principles of medicine without violating applicable laws so as to create harmony between optimal patient treatment and applicable law. Hospital responsibility for targeting therapy services is crucial/important where hospitals have criminal responsibility regulated in the Criminal Code, civil liability related to default and unlawful acts as stated in the Civil Code and also administrative responsibility which is regulated in the rules medical.
LEGAL RESPONSIBILITIES OF THE LOCAL GOVERNMENT TO REDUCE THE ADDITIONAL INCOME OF EMPLOYEES OF THE CIVIL SERVANT FOR HEALTH PROFESSIONALS Handayani, Baiq Yulia; Asmuni; Zamroni, Mohammad; Nugraheni, Ninis
JILPR Journal Indonesia Law and Policy Review Vol. 4 No. 3 (2023): Journal Indonesia Law and Policy Review (JILPR), June 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v4i3.143

Abstract

The main objective of this study is to analyze the legal consequences of reducing the provision of additional income for health workers and to analyze the legal responsibility of local governments for reducing the right to provide additional income for health workers. The method used in this study is a normative juridical research method, so the approach taken in this research is a statutory approach (statute approach), historical approach (historical approach) and conceptual approach (conceptual approach). The results of the findings and studies in this study, it can be concluded that the legal consequences that occur if the actions taken by the local government to reduce the provision of additional income for Health Workforce Employees if they cannot be accounted for are revocable and invalid. So that the decision issued in February 2022 may be canceled, so that the Regent's regulation Number 1 of 2022 is reinstated. The legal responsibility of the local government regarding the reduction of the right to provide additional income for health workers is to return to the legal basis for providing additional income for employees based on government regulations number 12 of 2019 by looking at the principles of providing additional employee income which include the principles of justice, welfare and having legal certainty.