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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 JUSTISI 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 Innovative: Journal Of Social Science Research Jurnal Dinamika Hukum
Mokhamad Khoirul Huda
Fakultas Hukum Universitas Hang Tuah Surabaya
Arts Humanities Computer Science & IT Dentistry Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Restrictions of Health Service in Doctor Private Practice During the Covid-19 Pandemic Muhammad Joni Ardi; Intan Sudarmadi; Dian Sari Pratiwi; 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.v15i3.15880

Abstract

Covid-19 has a huge impact on medical workers’ existence. They are at the forefront of treating Covid-19 patients. The high mortality rate for medical workers, especially doctors, indicates the need to regulate the doctor’s office so that there is no paralysis of health services during the Covid-19 pandemic. Data on the high mortality rate for health workers, especially doctors, need to get more attention. Besides, the ratio of doctors to the population is essential. The increasing number in doctors’ death rates causes doctors’ ratio to the population to decrease and needs to be anticipated by restricting the practice of private doctors. Restriction of services in private doctor’s practice places will cause the quality and quantity of services to decrease. Legal protection is also needed for doctors to limit their services in practice places. The government issued several legal rules. It was Act Number 36 the Year 2014 on Health Workers Article 57 paragraph (4) and from medical professional organizations to manage the restriction of health services in private practice.Covid-19 pandemichas created a policy in restricting the health services in doctor’s private practice, aiming to reduce the impact of deaths on doctors. This is following the Medical Act and Medical Ethics Code.
Responsibilities of Type A Mental Hospitals for EscapedPsychiatric Patients During the COVID- 19 Pandemic Sri Ariani; Herliyani Nor Hidayat; Adilia Bi Maya Antari; MokhamadKhoirul 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.v15i3.15952

Abstract

This study aims to determine the form of responsibility for a mental hospital type A if a patient with a mental disorder (psychiatric patient) escaped from the hospital during the COVID-19 pandemic. Outpatients and inpatients with a mental disorder can escape from the hospital because they have disturbed-awareness. The pandemic conditions of the COVID-19 pandemic are hazardous to contract both patients and doctors, and health workers. There are some problems related to the burden of responsibility to the hospital or inpatient staff to psychiatric patients who escape from the hospital. The study concludes that the responsibility for psychiatric patients who escaped from the hospital includes three parties: the head of the hospital, the attending physician, and the health workers such as nurses.
Legal Responsibility of Obstetric and Gynecological Doctor for Abortion with Indication of Fetal Deffects Widyasih Pritasari; Sri Mugirahayu; Askan; Mohammad Zamroni; MokhamadKhoirul 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.v15i3.16009

Abstract

An undeveloped fetus in the mother’s womb leads to congenital disabilities where the baby can be fully dependent on his mother. Fetal defects in the Health Law are included in medical emergencies to be treated with full requirements and provisions regulated by law. Article 32 paragraph (1) points (a) and (b) of the Government Regulation on Reproductive Health explains the scope of indications of medical emergencies include a condition where it threatens the lives of mothers and babies and babies with disabilities where it resulted in a difficult for the baby to live outside the womb or the condition where the baby has some defects and cannot be cured. Article 75 paragraph (2) of the Health Law states if doctors do an abortion with indications of a medical emergency such as the fetus suffering from a severe genetic disease or congenital defects, the doctors cannot be convicted. So the principle of prudence is needed in determining the diagnosis to bring off an abortion because abortion is closely related to crime if it is not appropriately treated.
THE INSURANCE OF LIABILITY AS AN ATTEMPT OF RISK TRANSFERING OVER THE LOSS CAUSED BY NOTARY PULIC AND LAND DEED OFFICIALS Ghansham Anand; Agus Yudha Hernoko; Mokhamad Khoirul Huda
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.21724

Abstract

This study primarily aimed to identify the type of insurance of liabilities as an attempt of risk transferring over the loss caused by the notary public and land deed officials. The method of this study was juridical-normative. The result showed that the notary public and land deed officials (PPAT) were both public officials authorized to establish an authentic deed due to clients’ requests. Any violation or negligence by Notary public and land deed officials that was out of the track of legal law might lead the clients into a disadvantageous situation. Such violation or negligence made the established deed null and void, void-able, or even turned into an private deed. This brought an effect to the client as the injured party, and thus, they might file a lawsuit in case of suing for compensation, indemnification, and interest through court proceeding.  Therefore, it needed an agency of risk-transfering in the form of insurance. The insurance of professional liability is a product of public insurance taking-over a risk that is supposed to be charged by the Notary Public and Land Deed Officials. The object of this insurance refers to the insurer’s obligation to pay compensation over particular loss the client has suffered and other expenses due to the risk.
DENTIST RESPONSIBILITIES USING DENTAL PHOTOGRAPHY IN SOCIAL MEDIA Mokhamad Khoirul Huda; Andika Persada Putera; Onge Margareth Hendro
Dentino : Jurnal Kedokteran Gigi Vol 7, No 1 (2022)
Publisher : FKG Unlam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20527/dentino.v7i1.13110

Abstract

Background: Information and communication technology develops very rapidly along with the development of the globalization era. Photography is a mixture of art and technology that is not merely a record of the real world but is a complex piece of art that gives meaning. In the world of dentistry, dental photography is one of the tools that can facilitate the imaging process of the patient. Dental photography can be a tool for legal documentation, enforcing diagnosis, determining treatment plans, facilitating the communications between dentists and laboratories, educational facilities, and consulting equipment with laboratories. Natural, beautiful, and interesting have a subjective meaning for every human being. The dentist’s obligation is to understand what each patient wants and can lead the ideal thing for the patient. Nowadays many dentists are uploading the results of work to social media. Purpose: The purposes of this writing are to provide explanation about the legality of dental photography and dentist reasonability in using dental photography in social media. Method: The research method used is normative juridical. Results: The dentist must keep the confidentially of the document or the patient’s data, thereby avoiding document leakage that may be denied by the person who has no right. Conclusion: In Indonesia, we must comply with the law of dental photography, which is subject to the ITE laws, Health Law, Medical Practice Act, and other legal regulations.
Legal Protection for Patient of Independent National Health Insurance’s Participant: Restriction on Hospitalization Upgrade I Nyoman Sudastra; Mokhamad Khoirul Huda; Asmuni
Jurnal Hukum Prasada Vol. 7 No. 2 (2020): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1049.462 KB) | DOI: 10.22225/jhp.7.2.2020.111-117

Abstract

The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.
Legal Aspects of Genetically Modified Food Product Safety for Health in Indonesia Abdullah Khamdi; Dian Anggraini Wikamorys; Waty Anton; Mokhamad Khoirul Huda
Indian Journal of Forensic Medicine & Toxicology Vol. 16 No. 3 (2022): Indian Journal of Forensic Medicine and Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v16i3.18248

Abstract

Genetic Engineering is the transplantation of one gene to another, both between genes and across genes, toproduce valuable products for living beings. The rapid growth of genetic engineering in Indonesia and GeneticallyModified (GM) food products has raised many worries and issues about these foods posing a health risk whenconsumed. Concerns about GM food products are increasing, including the possibility of allergic reactions, genetransfer, and outcrossing. Indonesia is one of the countries that has accepted the Cartagena Protocol, a securityprotocol designed to protect biodiversity from the potential risk posed by genetically modified organisms createdby contemporary biotechnology. The writer, through this study, would like to convey the extent to which theexisting regulations in Indonesia regarding GM food product safety for public health and how the government’sresponsibility in GM food product safety is for public health. As a result of this study, GM food products had beenregulated by law, and the establishment of a Biosafety Commission was one form of government responsibility forpreserving the safety of GM food products for public health.
Bitcoin sebagai Alat Pembayaran Online dalam Perdagangan Internasional Dwikky Ananda Rinaldi; Mokhamad Khoirul Huda
Perspektif Hukum VOLUME 16 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i1.47

Abstract

The growth of national economy encourages a significant change in the financial sector, especially a means of payment. Starting from the barter, the means then changes to be the goods or commodities, and finally the metal and paper as a raw material of money. The form of money as a means of payment continuously changes namely in the form of checks and transfer form that allow payment through transferring funds from the account balances among financial institutions, especially the banks. The economic need continuously grows so that it shifts the ways of trade transactions from conventional to internet based one that is known as e-commerce. One of the International online payment means required in an e-commerce transaction is Bitcoin. Bitcoin is an electronic coin that uses a system of peer-to-peer network that is open source. Bitcoin is not a virtual coin and not the legal means of payment in Indonesia. The legal means in Indonesia is the rupiah. It has been described in Article 1 section (2) of Act No. 7 of 2011 on Currencies that the the coin used for payment transactions in Indonesia is the rupiah.
Perlindungan Hukum Perawat atas Pelimpahan Wewenang dari Dokter dalam Melakukan Tindakan Medis Jahit Luka di IGD Rumah Sakit Khusnul Huda; Mokhamad Khoirul Huda
Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1
Publisher : Faculty of Law- Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v1i1.18

Abstract

The insufficiency of medical personnel ( doctors ) incurs a situation where nurses are required to perform medical action (suturing) that is not within his domain. The action was done with or without the delegation of authority from the doktors. The characteristic issues on the delegation of authority of the medical action (suturing) to the nurses and the legal coverage for the nurses in hospital’s emergency wards. The purpose of this research is to determine the characteristics of transfer of authority to perfrom the medical action of suturing to the nurses and to ascertain legal protection for the nurses performing the action in a hospital emergencr wards. This research uses legal, conceptual and comparative approaches. This research found that there exist a regulation on the transfer of authority from doctors to nurses to perform medical action such as suturing, which are Act No. 38, 2014 on nursing and the ministry of Health’s Ordinance No. 26, 2019 on the Regulation of the Implementation of Act No.38, 2014on Nursing. In the practice, the Implementation of these regulations suffers from the lack of socialization of the rules that governs the delagation of authority. The medical action (suturing) conducted by the nurse falls on the doctor, morally and legally, since it was done on the doctor’s instruction
Perlindungan Hukum Rumah Sakit Yang Belum Memenuhi Kelas Rawat Inap Standar JKN Deny Sulistyorini; Mokhamad Khoirul Huda
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.178

Abstract

Abstract— This study aims to analyze the parameters of the JKN standard inpatient class and the legal consequences for the hospital if it cannot meet the JKN standard inpatient class rules. This research uses descriptive normative research method. The approach used is the statutory approach, conceptual approach, and comparative approach. The results show that the definition and criteria for standard inpatient classes have not been regulated in the regulations on standard classes for JKN participants, either in the form of laws, government regulations, presidential regulations or ministerial-level regulations. The process of phasing the application of standard inpatient classes and the consequences of the hospital if it cannot meet these rules also there is no regulation that regulates it. The current regulations are considered to be insufficient to provide protection for hospitals in implementing standard inpatient classes. Strengthening regulations governing the parameters of standard inpatient classes and the phasing process for implementing standard inpatient classes, which is then followed by outreach to stakeholders, hospitals and JKN participants, as well as the role of ministries/agencies in overseeing the phasing process.
Co-Authors Abdullah Khamdi Adilia Bi Maya Antari Adriano Adriano, Adriano Agung Pramono, Agung Agus Yudha Hernoko Ahmad Fadhli Busthomi Al-Hasni, Fariz Andika Persada Putera Andika Persada Putra Angdiarto, Ricardo Stanislaus Anton Cahyono Artanty, Dian Askan Asmuni Brilian TitaPutri BUDI PRAMONO Cempaka Dewi Chandranita Manuaba Cinderella A.N Rieuwpassa Deny Sulistyorini Desy Martha Panjaitan Dian Anggraini Wikamorys Dian Sari Pratiwi Dwikky Ananda Rinaldi Dyas Witri Murtiningsih Edwin Triwidianto Ernawaty Ernawaty Etik Nunuk Setyorini Fitriyah, Dyah Kusumaning Fitrotinisak, Istna Kamelina Gede Angga Dharmadiputra Gede Sanjaya Ghansham Anand Gregory Agung Himawan Heni Pujiastuti Henry Ricardo Handoyo Herliyani Nor Hidayat I Nyoman Sudastra 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 Setiawan, I Putu Gde Budhi SherlyIntan Shi, Ng Phi Sri Ariani Sri Mugirahayu Subagiyo, Rinka Laila 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