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TANGGUNG JAWAB RUMAH SAKIT TERHADAP PASIEN PADA PELAYANAN INSTALASI GAWAT DARURAT DI RUMAH SAKIT DR. CIPTO MANGUNKUSUMO BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Angga Kurniansyah; Rineke Sara
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1604

Abstract

The position of hospitals as providers of health services and patients as recipients of health services in health facilities has been regulated in Law Number 17 of 2023 concerning Health which aims to increase awareness, willingness, and ability to live healthily for the community. This study discusses the responsibility of hospitals towards patients who experience losses in the Emergency Room services of Dr. Cipto Mangunkusumo Hospital and the efforts made by patients who are harmed by the Emergency Room services of Dr. Cipto Mangunkusumo Hospital. This study uses a normative legal approach method that is empirical in nature. The results of the study indicate that the responsibility of hospitals towards patients in the Emergency Room services of Dr. Cipto Mangunkusumo Hospital is due to inadequate health services, not in accordance with the rules and procedures, and can cause losses to patients. The hospital will provide health services until the patient recovers. If a patient is harmed, the patient can file a complaint with the professional ethics council, request compensation through a lawsuit for unlawful acts, or file a civil lawsuit for losses incurred due to the negligence of medical personnel on duty in the Emergency Room as regulated in Article 1367 of the Civil Code, Article 304 of the Criminal Code, and Article 531 of the Criminal Code.
ANALISIS HUKUM TERHADAP TINDAK PIDANA PEMBUNUHAN BERDASARKAN PASAL 338 KUHP (STUDI KASUS PUTUSAN NOMOR 9/PID.B/2023/PN.DPK) Johanes; Rineke Sara; Titik Sugianti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1752

Abstract

The crime of murder is an act committed by a person or group of people who intentionally take or take the life of another person. Murder perpetrators are often found in adolescence. One form of juvenile delinquency is brawls, the impact of which can cause serious injuries to the point of taking the life of another person. The perpetrators of brawls that cause the loss of life of another person can be categorized as perpetrators of the crime of murder. This study discusses the application of the elements of the crime of murder based on Article 338 of the Criminal Code in the case of Decision Number 9/Pid.B/2023/PN.Dpk and whether the decision has provided a sense of justice. This study uses a normative juridical research method. The results of the study explain that the application of the elements of the crime of murder based on Article 338 of the Criminal Code in Decision Number 9/Pid.B/2023/PN.Dpk is appropriate because the actions committed by the Defendant Indra Beni Saputra alias Beni Bin Mulyadi contain the elements of whoever and the element of intentionally taking the life of another person. With the fulfillment of these elements, the Panel of Judges sentenced the Defendant to 9 (nine) years in prison. The decision handed down by the Panel of Judges has provided a sense of justice, this can be seen from the Panel of Judges' considerations where the Defendant committed assault using a sharp weapon which caused the victim's death, and is supported by evidence in the form of a sickle and evidence from the results of the Visum Et Repertum made by Citra Medika Depok Hospital which conducted an external examination.