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All Journal Kertha Semaya Kertha Patrika Yustisia Dentino: Jurnal Kedokteran Gigi Hasanuddin Law Review JURNAL MUQODDIMAH : Jurnal Ilmu Sosial, Politik dan Hummaniora SOEPRA Jurnal Hukum Kesehatan Jurnal Hukum Magnum Opus JURNAL HUKUM PRASADA Yustisia Merdeka : Jurnal Ilmiah Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA JIHAD : Jurnal Ilmu Hukum dan Administrasi Indian Journal of Forensic Medicine & Toxicology Journal of Language and Health Journal Indonesia Law and Policy Review (JILPR) Perspektif Hukum Hang Tuah Law Journal Jurnal Hukum dan Etika Kesehatan (JHEK) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Lex Publica Jurnal Dinamika Hukum
Mokhamad Khoirul Huda
Fakultas Hukum Universitas Hang Tuah Surabaya
Arts Humanities Dentistry Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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Good Faith in Life Insurance Contract by Indonesian Court Huda, Mokhamad Khoirul
Hasanuddin Law Review VOLUME 3 ISSUE 1, APRIL 2017
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (413.318 KB) | DOI: 10.20956/halrev.v3i1.1046

Abstract

This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.
TINJAUAN HUKUM OBAT TRADISIONAL BERBAHAN KIMIA OBAT Putri, Ruri Eka; Zamroni, Mohammad; Huda, Mokhamad Khoirul
Jurnal Hukum Magnum Opus Vol 4 No 1 (2021): Februari 2021
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v4i1.4064

Abstract

AbstractThis study aims to determine the rights and obligations of makers and distributors of traditional medicines and analyze the legal responsibilities of makers and distributors of traditional medicines that contain chemical drugs. The research method in this paper is normative or doctrinal research using a law approach, conceptual approach, and case approach. The research materials combined any legal material such as primary, secondary, and tertiary. The technique of processing legal materials is to inventory, identify, classify and systematize according to the hierarchy of the legislative order, and analyzed. The nature of this research is analytical descriptive. The results show that the rights and obligations as well as the forms of legal responsibility for the makers and distributors of traditional medicines, which are regulated in various laws that are still general in nature. The threat of sanctions for violations of traditional medicines containing medicinal chemicals can be criminal, civil, and administrative. It is hoped that there will be separate or special rules and laws governing the rights, obligations, and responsibilities for the makers and distributors of traditional medicines that contain chemical drugs.Keywords: chemical drugs; legal liability; traditional medicineAbstrakPenelitian ini bertujuan untuk menganalisis hak dan kewajiban pembuat maupun pengedar obat tradisional serta tanggung jawab hukum pembuat dan pengedar obat tradisional yang mengandung bahan kimia obat. Metode yang digunakan adalah yuridis normatif atau doktrinal menggunakan pendekatan hukum, pendekatan konseptual, serta pendekatan kasus. Bahan penelitian meliputi bahan hukum mulai dari primer, sekunder dan hingga tersier yang diolah menggunakan teknik pengolahan melalui inventarisasi, identifikasi, klasifikasi, kemudian disistemisasi sesuai urutan perundang-undangan melalui deskriptif analisis. Hasil penelitian menunjukkan bahwa hak dan kewajiban serta bentuk tanggung jawab hukum untuk pembuat dan pengedar obat-obatan tradisional diatur dalam berbagai peraturan dan undang-undang yang masih bersifat umum. Ancaman sanksi bagi pelanggaran obat-obatan tradisional yang mengandung bahan kimia obat-obatan dapat berupa pidana, perdata, hingga administratif sebagaimana yang tertuang dalam berbagai sumber hukum yang telah dianalisis. Diharapkan perlu adanya aturan dan undang-undang tersendiri yang mengatur hak, kewajiban serta pertanggungjawaban pembuat dan pengedar obat tradisional berbahan kimia obat.
Legal Protection for Nurses in Pharmaceutical Services Where there are No Pharmaceutical Staffs at the Community Health Center Rizka Dianita; Retno Ariani; Swabawa Wicaksana; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 4 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i4.17047

Abstract

Puskesmas is a first-level healthcare service facility that organizes health efforts prioritized promotive andpreventive actions. In executing its health efforts, puskesmas must take actions according to standards,including in pharmaceutical services. It will be different when the pharmacy service is provided by nursesinstead of provided by pharmacy staffs. Following the prevailing law in Indonesia today, nurses’ authority incarrying out their pharmacy duties in practice is only limited. To provide assurance and legal protection fornurses in performing pharmaceutical services in health centres where there are no pharmacists/pharmaceuticaltechnical staff, laws and regulations related to nursing protection have an essential function. It also protectsnurses to avoid criminalization of nurses by law enforcement officials.
Services of Specialist Doctor at Type C Regional General Hospital based on Regulation of the Minister of Health No. 3 of 2020 on Hospital Classification and License Wahyudi; Irma Indra Wahyuni; Muhammad Firdan Resaldi; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 4 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i4.17131

Abstract

The problem occurs when the number of human resources for health workers, mainly the number of specialistdoctors, is not comparable to the number of hospitals in Indonesia, particularly in type C regional generalhospitals. Currently, many private hospitals are competing to provide better and quality services. When theyare sick, many people choose a hospital with a much better and modern service. It becomes a concern for thegovernment to meet its citizens’ basic needs in the health sector. The problem that lies behind the researchersto write is Regulation of the Minister of Health No.3 of 2020 on Hospital Classification and License to findout a legal review of specialist doctor services at type C regional general hospital. Based on the analysis ofthe Regulation of the MinisterNo. 3 of 2020 on hospital classification and license, the regulation does notregulate the minimum requirements for specialist doctors in each hospital classification. It causes an unequaldistribution of specialist doctors in type C regional general hospital and results in the unequal quality ofhealth services throughout Indonesia.
Legal Aspects of Maternity Nursesperforming Childbirth Assistance Measures in the Framework of Carrying Out Doctor’s Duties Against the Birth Process in Breach Locations Makhfudli; Gregory Agung Himawan; Nisa AmaliyaVariansyah; MokhamadKhoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 16 No. 2 (2022): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v16i2.17912

Abstract

Health is a human right, meaning that everyone has the same rights in obtaining access to healthservices and professionalism from health workers. Nurses are the most numerous health workers inIndonesia. Nursing staff who perform nursing actions must be following the competence of nurses andLaw Number 38 of 2014 concerning Nursing. The purpose of writing this article is to find out how thelegal aspects of maternity nurses who carry out delivery assistance actions carry out the doctor’s dutiesin the Breach delivery process By using the normative juridical research method, it can be concludedthat the competence of the maternity nurse is to assist childbirth but does not have the authority toprovide delivery assistance, especially in cases with fatal risks that can cause death to the mother andfetus. When referring to the criminal provisions of Law Number 36 of 2009 concerning Health Workers,Article 84 paragraph (1), any Health Worker who commits serious negligence resulting in serious injuryto the Health Service Recipient shall be sentenced to a maximum imprisonment of 3 (three) years. Thenin paragraph (2), namely If the gross negligence as referred to in paragraph (1) results in death, eachHealth Worker shall be sentenced to a maximum imprisonment of 5 (five) years.
Study of Working Hours of Indonesian Civil Servant Doctors in Relation to the Rule of Three Licenses for Practice and Labor Law Noviana Indarti; SherlyIntan; Sylvia Meylinda; Tagor Sibarani; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 16 No. 2 (2022): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v16i2.17932

Abstract

There are no specific rules about doctors’ working hours in Indonesia, it causes working hours ofIndonesian doctors to be excessive. Following the rules of the labor law that the maximum work of aworker is 40 hours a week. However, with the applicable 3 Licenses For Practice rules, the doctor’swork hours will be more than 40 hours a week. It was to examine whether the working hours ofIndonesian Civil Servant doctors are rational.Based on Law No. 13 of 2003 about Manpower article77 paragraph (2), the maximum working hours of a worker is 40 hours. In reality, with the 3 LicensesFor Practice rules, if it was calculated, the working hours of civil servant of doctors in Indonesia wasvery excessive. In other countries, there were already standard rules. Doctors work 40 hours a weekor a maximum of 80 hours a week. Therefore, it needed to be studied further, whether the 3 LicensesFor Practice policy had provided a solution or had actually aggravated the condition of a civil servantdoctor. The monoloyalty discourse of a doctor needed to be balanced with an increase in the services orincentives of a civil servant doctor.With the rule of three Licenses For Practice, the working hours ofcivil servant doctors in Indonesia became excessive.
Legal Certainty of Hospital Service Operations During Pandemic Corona Virus Disease 2019 Brilian TitaPutri; Cinderella A.N Rieuwpassa; Gede Angga Dharmadiputra; R. HardadiAirlangga; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 16 No. 2 (2022): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v16i2.17950

Abstract

Hospital is health service institution that provides complete individual health services that provideinpatient, outpatient, and emergency services. In operatingservices the hospital is required to havepermit. Permit is granted if it meets the requirements and standards to ensure the safety of patients,hospitals and health workers. The quality of hospital services is tested through the accreditationprocess,it could not be done during pandemic. Therefore, many policies have been issued, includingthe Circular of Health Minister No. HK.02.01/MENKES/455/2020 Year 2020. This circular facilitatesthe permitextension but does not givedetail abouthow to maintain the hospitalquality and services.During pandemic, the surge in Covid patients is not comparable to the hospitalscapabilities that aredifferent such as in the human resources and the facilities and infrastructure. Many hospitals are fullbecause they have to treat Corona Virus Disease 2019 patients, a lot of equipment, rooms and bedsmust be added, but the health workers that workare limited so that health workers have to work extra toserve patients that increase every day. This situation can cause physical and mental fatigue which overtime has impact on health services so that negligence can occur. So hospitals need to make protectionstandards for health workers in addition to legal responsibility for losses caused by health workersaccording to article 46 of the Hospital Law.
The Legal Responsibility to the Family for Shackling People with Mental Illness During the Covid-19 Pandemic Yuna Ariawan; Cempaka Dewi; Ratih Wulansari Manuaba; Chandranita Manuaba; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 16 No. 2 (2022): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v16i2.18022

Abstract

During the COVID-19 pandemic until June 2020, there were 277,000 mental health cases in Indonesia. The number increase compared to 2019. The number of shackling due to mental illness increased from 5,200 in 2019 to 6,200 in 2020. Shackling is strictly prohibited because it violates the law and human rights. Criminal sanctions in Article 333 of the Criminal Code are prepared for those who shackle people with mental illness. The punishment stipulated in this article is also applied to people who intentionally give space to the deprivation of other people’s freedom.The program of “Indonesia Shackle-Free” was launched in 2010, the target was forced to be pushed back until 2019 and remains challenging to achieve. The number of shackling increases due to a lack of public understanding of mental health. This paper aims to explore further the relationship between the COVID-19 pandemic and the condition of people with mental illnesses (ODGJ) in Indonesia. Another impact of the COVID-19 pandemic on ODGJ is drug withdrawal because of the disruption of drug circulation during the pandemic. The allocation of health financing is also focused on dealing with the pandemic.Promotive efforts are expected to eliminate stigma, discrimination, and human rights violations for ODGJ in the community. Whereas, preventive efforts by developing parenting styles that support mental growth and development, communication, and education in the family are expected to provide appropriate mental health services for ODGJ when entering the rehabilitation stage
Disclosure of Confidential Medical Record of The Patient of Corona Virus Disease 2019 Mokhamad Khoirul Huda; Yulianto; Ninis Nugraheni; Yoan Nursari Simanjuntak; Sadjijono
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 2 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i2.14815

Abstract

This study aimed to find out the disclosure of confidential medical record of Covid-19 patients from legalnorms, ethics and medical disciplines in Indonesia. This research used normative juridical methods whichhad a pre-descriptive characteristic.This research found the disclosure of confidential medical record ofthe Covid-2019 patients can be opened for the benefit of the patient’s health, fulfilling the demands of lawenforcement officials in the context of law enforcement, the patient’s own request, or based on statutoryprovisions.This research is very useful for the community, hospitals, educational institutions and thegovernment to provide legal protection to society to not be exposed by Covid-2019. The disclosure ofconfidential medical record of Covid-19 patients is permitted in relation to the patient’s initials, gender,place of residence, age and health status.
The Need for Specialist Doctors in the Development of Type B General Hospital at Regional Level Desy Martha Panjaitan; Widyana Beta Arthanti; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 3 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i3.15734

Abstract

Regulation of the Minister of Health No. 3 of 2020 on Hospital Classification stated the classification of a hospital is no longer based on the number of specialist and subspecialty services as in the previous provisions, but rather emphasizes the number of beds. However, type B hospitals’ problem is not the number of beds, but the lack of complete facilities, the availability of human resources such as the need for specialist doctors and the unequal distribution of type B hospitals at the regional level. This research aims to find out programs to fulfil the needs for specialist doctors in developing type B hospitals at the regional level. The results showed that the program to fulfil the needs for specialist doctors of type B hospital in the region could be as shortterm, medium-term and long-term programs. Specialist doctor education scholarship programs are a better solution to fulfil type B hospitals’ needs at the regional level. Thus, the fulfilment of the need for specialist doctors will improve the quality of health services.
Co-Authors Abdullah Khamdi Adilia Bi Maya Antari Agung Pramono, Agung Agus Yudha Hernoko Ahmad Fadhli Busthomi Al-Hasni, Fariz Andika Persada Putera Angdiarto, Ricardo Stanislaus Anton Cahyono Askan Asmuni Brilian TitaPutri BUDI PRAMONO Cempaka Dewi Chandranita Manuaba Cinderella A.N Rieuwpassa Deny Sulistyorini Desy Martha Panjaitan Dian Anggraini Wikamorys Dian Artanty Dian Sari Pratiwi Dwikky Ananda Rinaldi Dyas Witri Murtiningsih Edwin Triwidianto Ernawaty Ernawaty Fitriyah, Dyah Kusumaning Fitrotinisak, Istna Kamelina Gede Angga Dharmadiputra Gede Sanjaya Ghansham Anand Gregory Agung Himawan Heni Pujiastuti Henry Ricardo Handoyo Henry Ricardo Handoyo Herliyani Nor Hidayat I Nyoman Sudastra I Putu Gde Budhi Setiawan Intan Sudarmadi Irma Indra Wahyuni Khusnul Huda Made Maylisca Theresia Mulya Diprasta Makhfudli Makhfudli Mohammad Zamroni Mohammad Zamroni Mohammad Zamroni Muhammad Firdan Resaldi Muhammad Joni Ardi Ninis Nugraheni Nisa AmaliyaVariansyah Noviana Indarti NURUL HIDAYAH Onge Margareth Hendro Putri, Ruri Eka Putu Bagus Redika Janasuta R. HardadiAirlangga Retno Ariani Rinaldi, Dwikky Ananda Rizka Dianita Sadjijono Sari, Betty Yunita SherlyIntan Shi, Ng Phi Sri Ariani Sri Mugirahayu Sugianto Prajitno Sulaksono Sulaksono Sutarno Sutarno Suwondo Ariyanto Swabawa Wicaksana Sylvia Meylinda Tagor Sibarani Vinandita Nabila Karina Wahyudi Wahyuni, Irma Indra Waty Anton Widyana Beta Arthanti Widyasih Pritasari Yoan Nursari Simanjuntak Yuna Ariawan