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OK Isnainul
Universitas Prima Indonesia
Humanities Astronomy Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL PROTECTION FULFILLMENT OF PATIENT RIGHTS TO THE IMPLEMENTATION OF INFORMED CONSENT IN SECTIO CAESARRIAN PATIENT OK Isnainul; Ronal Hasudungan Sianturi; Nurhasmi Nurhasmi
International Journal of Latin Notary Vol. 2 No. 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i1.30

Abstract

The issue of patient rights in relation to medical decisions is an important consideration that often does not receive much attention. The law has long recognized the right of individuals to self-determination. The core part of these rights is the right to accept or refuse medical treatment as outlined in the informed consent. The purpose of this study is to analyze: 1) the rights of sectio caesarea patients in Informed Consent, 2) legal responsibility for the absence of informed consent in sectio caesarea patients, 3) legal protection of sectio caesarea patient. This type of research is using normative juridical research and empirical juridical research. Data analysis in this study is inductive. The results of the legal study of this study were obtained: 1) Sectio caesarea patients' rights in informed consent are seen when the patient is given sufficient information about his treatment in terms of diagnosis and medical procedures, the purpose of the medical action taken, other alternative actions and risks, complications that may occur, the prognosis of the action taken, including the benefits. and disadvantages of each alternative therapy and can be expanded with additional information so that the patient participates appropriately in the effort to cure the disease; 2) Legal responsibility for the absence of informed consent in sectio caesarea patients is that doctors who take medical actions can be equated with acts of negligence so that they can be punished according to the applicable laws and regulations; 3) In general, patients are protected by the Law of the Republic of Indonesia Number: 29 of 2004 concerning Medical Practice and Law of the Republic of Indonesia Number: 36 of 2009 concerning Health. Normatively, patients must be treated in accordance with these provisions, patients must be treated as subjects who have a major influence on service outcomes and not just objects. Negligence of medical personnel must be normative and not physically or psychologically because it will be difficult to know the real inner state of the sectio caesarea patient.
BARRIERS TO THE IMPLEMENTATION OF INTERNAL REGULATIONS OF RSUD DR. R.M DJOELHAM BINJAI IN REALIZING GOOD CLINICAL GOVERNANCE IN 2021 OK Isnainul; Kartina Pakpahan
International Journal of Latin Notary Vol 2 No 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i1.36

Abstract

The purpose of this study was to analyze: rules and regulations related to internal regulations in RSUD Dr. R.M. Djoelham Binjai, rules and regulations related to the implementation of good clinical service governance in Dr. RSUD. R.M. Djoelham Binjai, implementation of internal regulations of RSUD Dr. R.M. Djoelham Binjai in carrying out good clinical service governance. This type of research is a empirical juridical research using primary data and secondary data and data analysis carried out by qualitative methods. The results obtained: Regulations related to internal regulations at RSUD Dr. R.M. Djoelham Binjai is regulated in Binjai Mayor Regulation Number: 45 of 2018 concerning Hospital Internal Regulations (Hospital Bylaws) RSUD Dr. R.M. Djoelham City of Binjai which refers to the Decree of the Minister of Health Number: 772/MENKES/SK/VI/2002. The Decree of the Minister of Health of the Republic of Indonesia No.772/2002 was made based on the Law of the Republic of Indonesia Number: 23 of 1992 concerning Health; Law of the Republic of Indonesia Number: 22 of 1999 concerning Regional Government, Government Regulation Number: 32 of 1966 concerning Health Workers and Regulation of the Minister of Health of the Republic of Indonesia Number 159.b/1988 concerning Hospitals. RI Law Number: 23 of 1992 concerning Health has changed to RI Law Number: 36 of 2009 concerning Health while RI Law Number: 22 of 1999 concerning Regional Government has changed to RI Law Number: 23 of 2014 Regarding Regional Government while the Regulation of the Minister of Health of the Republic of Indonesia Number: 159.b/1988 concerning Hospitals has changed to Regulation of the Minister of Health of the Republic of Indonesia Number: 3 of 2020 concerning Hospital Classification and Licensing; Regulations related to the implementation of good clinical service governance in RSUD Dr. R.M. Djoelham Binjai refers to the Regulation of the Mayor of Binjai Number: 45 of 2018 concerning Hospital Internal Regulations (Hospital Bylaws) RSUD Dr. R.M. Djoelham City of Binjai as the highest person in charge for establishing hospital operational policies covering the fields of medical and nursing services, general and financial services, as well as human resources; Barriers to the implementation of internal regulations of RSUD Dr. R.M. Djoelham Binjai in carrying out good clinical service governance is a human resource because each individual has a different character when carrying out his duties and responsibilities.
CRIMINAL LIABILITY OF MEDICAL RESPONSIBILITY IN HANDLING OF PATIENTS WITH GASTROINTESTINAL DISORDERS OK Isnainul; Mulyadi Mulyadi; Idwan Harris Siahaan
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.40

Abstract

Errors that can occur in medical actions from medical personnel include gastrointestinal handling. Gastrointestinal is commonly found in the intensive care unit (ICU). Errors or omissions are an essential element to determine whether or not a person can be sentenced to a crime, as well as in medical malpractice actions, it is largely determined by the presence or absence of negligence or errors of medical personnel in carrying out medical actions against patients, both professionally and legally. The purpose of the study was to analyze “Criminal Liability of Medical Personnel who are Negligent in Handling Patients with Gastrointestinal Disorders”. The results of the study obtained: 1) Criminal provisions against medical personnel who are negligent in handling patients with gastrointestinal disorders are regulated in Article 51 of the Republic of Indonesia Law Number: 29 of 2004 concerning medical practice, where a medical worker is obliged to provide assistance on a humanitarian basis. Looking at these provisions, it can be seen that the medical profession requires special competence and authority because the actions taken contain considerable risks. Medical personnel in carrying out medical procedures already have service standards that serve as guidelines and guidelines that apply to all medical personnel. If the standard is not implemented or implemented but is not in accordance with the required average standard, in the sense of ignoring the obligations stipulated by the applicable laws and regulations and the code of ethics of the medical profession, then it can be said as an error in the form of culpa or negligence. 2) Criminal liability of medical personnel for negligence in handling patients with gastrointestinal disorders is a criminal act by which, of course, can be subject to criminal provisions or sanctions. Criminal provisions that can be applied to medical personnel who are negligent in providing treatment to patients with gastrointestinal disorders are regulated in the general criminal provisions of Articles 267, 299, 304, 322, 344, 346, 347, 348 and Article 349 of the Criminal Code, which includes acts of a deliberate nature. As for what includes negligence, it is stated in Article 359, Article 360, and Article 361 of the Criminal Code, 3) The rights of health workers to the demands of patients with gastrointestinal disorders have been regulated through laws and regulations, namely Article 11 paragraph (1) of the Republic of Indonesia Law Number: 36 of 2014 concerning Health Workers and Article 50 of the Republic of Indonesia Law: Number 29 of 2004 concerning Medical Practice.
Legal Protection of Auction Winners of Agraria Disputes of Confiscated Assets through KPKNL Brilian Moktar; Elfira Fitriyani Pakpahan; Kartina Pakpahan; Ok Isnainul; Tommy Leonard
CSR International Journal Vol. 1 No. 1: December 2021
Publisher : ALTSA Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35307/csrij.v1i1.14

Abstract

It is important to know the rights of the auction winner in every auction procedure. This includes legal protection for the winning bidder for assets confiscated through the State Wealth and Auction Service Office (KPKNL). This research will reveal the legal protection section of agrarian disputes over the auction of bppn confiscated assets through KPKNL in Medan City. Data collection used Normative Juridical review. Research informants only focus on employees and parties who have problems related to the agrarian suspicion of the auction of confiscated assets by the Indonesian Bank Restructuring Agency, confiscate through KPKNL in the Medan branch. The conclusion is that legally the auction, there are inappropriate regulations by the Central KPKNL and the Medan city area. There are also problems with policies made by agraria confiscate, where the regulations are not well integrated. KPKNL has conducted an auction, but has not provided certainty for the auction winner. In this case, the auction winner gets a loss because he has followed all procedures and did not receive what has been stipulated by KPKNL.
Co-Authors Elfira Fitriyani Pakpahan Idwan Harris Siahaan Kartina Pakpahan Moktar, Brilian Mulyadi Mulyadi Nurhasmi Nurhasmi Ronal Hasudungan Sianturi Tommy Leonard