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Hospital Legal Responsibilities for Misuse of Patient Personal Data In Electronic Medical Records Dian Ayu Lukitasari; Mohammad Zamroni; Andika Persada Putera
JILPR Journal Indonesia Law and Policy Review Vol 5 No 1 (2023): Journal Indonesia Law and Policy Review (JILPR), October 2023
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i1.164

Abstract

The purpose of this study was to analyze the patient's personal data protection law in the electronic medical record and to analyze the legal responsibility of the hospital for the misuse of patient's personal data in the electronic medical record. This research uses normative research methods and uses statutory and conceptual approaches. The issuance of Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records which requires hospitals to maintain electronic medical records no later than December 31, 2022. The transition from conventional medical records to electronic medical records carries the risk of misusing patient personal data. The results of this study conclude that hospitals as personal data controllers and electronic system operators are required to implement Law Number 27 of 2022 concerning Protection of Personal Data in organizing electronic medical records except those specifically regulated by other laws and regulations and hospitals as corporations have legal responsibilities for misuse of patient personal data in electronic medical records, namely administrative liability, civil liability and criminal liability.
Pertanggungjawaban Hukum Rumah Sakit Terkait Kebocoran Data Pribadi Pasien Berdasarkan Peraturan Perundang-Undangan Erwin Tumpal Ferdinand Tampubolon; Andika Persada Putera; M. Khoirul Huda
Syntax Idea 1388-1402
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v6i3.3121

Abstract

The issue of personal data leaks in Indonesia, including in the healthcare sector, is increasingly alarming. Hospitals, as corporations, bear significant responsibility in safeguarding the personal data of patients and the potential legal consequences arising from any data breaches. This thesis aims to elucidate the accountability of hospitals concerning the leakage of patients' personal data based on legal regulations. In order to guarantee the protection of patients' personal information in hospitals, the government must provide an appropriate legislative framework that complies with current laws and regulations. Consequently, patients can have legal certainty and trust that their personal data or health information will not be compromised during medical procedures at hospitals. As corporations, hospitals are unable to avoid their legal obligations. This duty includes all civil, criminal, and administrative legal responsibilities pertaining to the disclosure of patient information. By understanding and implementing these provisions, hospitals can effectively safeguard the security of patient's personal data and avoid adverse legal consequences.
TINDAKAN GAWAT DARURAT OLEH DOKTER AKIBAT KECELAKAAN PADA PASIEN YANG TIDAK KOMPETEN DAN TANPA KELUARGA Widodo, Nanang; Putera, Andika Persada; Nugraheni, Ninis
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.942

Abstract

Penelitian ini bertujuan untuk mengetahui tinjauan etik dan hukum tindakan dokter yang melakukan operasi darurat terhadap pasien yang mengalami kecelakaan tanpa persetujuan tindakan medis karena pasien tidak cakap dan tidak didampingi oleh keluarga. Selain itu juga untuk mengetahui perlindungan hukum bagi dokter yang melakukan tindakan tersebut. Metode penelitian yang digunakan adalah metode penelitian kualitatif secara yuridis normatif dengan pendekatan deskriptif. Teknik pengumpulan data yang digunakan adalah dengan cara studi literatur. Hasil penelitian menunjukkan bahwa secara etis dan legal seorang dokter wajib melakukan operasi darurat pada pasien kecelakaan walaupun tanpa persetujuan tindakan medis karena tindakan tersebut bertujuan untuk menyelamatkan nyawa dan mencegah pasien dari kecacatan. Dokter yang melakukan perbuatan tersebut harus mendapat perlindungan hukum. Pembedahan dapat dilakukan oleh dokter tanpa persetujuan medis dalam keadaan darurat, jika tindakan ditunda menunggu persetujuan medis akan mengancam jiwa atau menyebabkan kecacatan pada pasien. Atas saran yang diberikan oleh peneliti agar dokter terlindungi secara hukum dalam melakukan operasi darurat tanpa persetujuan medis, harus ada Standar Operasional Prosedur (SOP) dan dalam peraturan perundang-undangan yang mengatur tentang persetujuan tindakan medis, harus mencantumkan pengecualian yang kondusif seperti dalam keadaan darurat.
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.
Government Authority and Responsibility in the Universal Health Coverage Program from the Aspect of Participation and Financing Hamidah, Titin; Putera, Andika Persada; Pramono, Budi
RechtIdee Vol 19, No 2 (2024): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v19i2.27458

Abstract

Citizens' rights to Social Security are realized by the Government through the National Health Insurance Program (JKN Program) with the principles of Social Insurance. The JKN Program is an initiation to achieve Universal Health Coverage (UHC), which is one of the objectives of the Sustainable Development Goals (SDGs). The government has the authority and responsibility for administering the JKN Program, particularly in terms of participation and financing. This research aims to analyze the Government's authority and responsibility within the JKN Program to achieve UHC. The research is Normative Juridical, using a Juridical approach based on statutory regulations. It concludes that the Government's authority in the JKN Program is legally attributed to the National Social Security Council and the Social Security Administering Body. Concerning the Government's responsibility in the JKN to achieve UHC, the Government must prioritize participation and financing to ensure effective implementation as a part of its obligation to its citizens. BPJS, as a Legal Entity organizing the JKN Program, has Sole Authority and must involve Independent Government Institutions for aspects like service, promotion, and supervision.
LEGAL PROTECTION FOR HEALTHCARE PROFESSIONALS AND HOSPITALS AGAINST PATIENT’ COMPLAINTS ON SOCIAL MEDIA Laismono, Stephanie Glory; Putera, Andika Persada; Asmuni, Asmuni
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.v6i1.299

Abstract

In the digital era, social media platforms have evolved into potent communication tools; however, they also present novel obstacles, particularly for healthcare professionals and institutions. The reputation and operations of medical institutions can be substantially influenced by the increase in patient complaints that are shared online.This research was made by using normative legal research type, namely research that focuses on examining legal norms in applicable laws and regulations relating to the subject matter. The aim of this research is to analyze existing complaint services in hospitals as well as legal protection for hospitals and health workers against patient complaints on social media. The result of this research shows that there are still complaint services in hospitals that are not yet well provided, and other factors that cause patients to complain on social media. It also shows that legal protection against defamation in corporations has not been able to serve its purpose well, as well as Indonesian penal law which is oriented towards retributive justice rather than restorative justice.
Legal Protection for Medical Research Doctors Concerning Human Research Subjects Uswatun Khasanah; Sutarno Sutarno; Andika Persada Putera
Jurnal Indonesia Sosial Sains Vol. 6 No. 3 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i3.1640

Abstract

Medical research or health research involving humans as research subjects has great potential in the development of medical science and technology. However, this research also poses risks to research subjects. Therefore, legal protection for medical researchers is very important. This research aims to analyze the legal basis and regulations applicable in Indonesia to protect medical researchers and humans as research subjects. The research method used is normative juridical with a statute approach and a conceptual approach. The results of the research show that Indonesia has several laws and regulations governing health research, but the material that specifically discusses the legal protection of medical researchers is not explicitly mentioned in the regulations. In the future, it is expected that medical researchers will receive balanced attention, so as to provide peace of mind for medical researchers to work, so that the development of science in the field of health and technology is more advanced and provides many benefits for the medical world.
Legal Aspect of Handling of Covid-19 Suspected Patients in Health Services in Hospital Nur Azizah Sri Utami; Andika Persada Putera; Asmuni
Verdict: Journal of Law Science Vol. 1 No. 1 (2022): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.1.1.2022.50-62

Abstract

Hospitals function as quarantine, prevention and control of the Covid-19 Pandemic era. However, the crucial issue is the hospital is lying; patients who have not confirmed Covid-19 but are considered positive by the hospital. This study discusses legal protection for hospitals to care for patients with suspected Covid-19. The research is compiled with the type of normative juridical research; namely, research focused on examining the application of the rules or norms in positive law. The result shows that the hospital as a legal entity (recht person) has risks under Article 58 (1) of the Health Law, namely compensating for errors/omissions of doctors and health workers. According to the Vicarious Liability doctrine, the hospital is legally responsible for all losses caused by its subordinates. According to the Hospital Liability doctrine, the hospital is responsible for taking over the mistakes or omissions of the hospital. With the right of regress, the hospital will ask for compensation back to the doctor who made a mistake. The Strict Liability Doctrine states that the hospital is responsible for the workhouse. The implementation of hospital legal protection has yet to be precise. Supervision and guidance by the government, including the government’s authority on health, still need to be made clear. Medical audits could have gone better. Doctors have the right to obtain legal protection as long as they carry out their duties under professional standards and standard operating procedures under Article 50 of the Medical Practice Act.
The Limitations of a Guest Doctor's Liability Due to Negligence in Social Service Activities Wulan, Afni Oktaria Sarining; Putera, Andika Persada
Jurnal Ar Ro'is Mandalika (Armada) Vol. 5 No. 3 (2025): JURNAL AR RO'IS MANDALIKA (ARMADA)
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/armada.v5i3.5296

Abstract

Hospitals try to always meet the community’s need for health services, one of which is through social service activities, including free medical treatment, mass circumcision, free cataract surgery, cleft lip surgery, and so on. In these social service activities, doctors are usually given an assignment letter from the hospital institution in the form of an assignment letter or an invitation to take part in these activities, in practice they are often called guest doctors. This study aims to analyze the legal relationship between guest doctors and hospital agencies in the implementation of social service activities, and to analyze the limits of guest doctors’ liability in social service activities in hospitals that cause patient losses. This study uses normative legal research methods. The legal relationship between guest doctors and hospitals that carry out social service activities, namely special agreement legal relationships based on work agreements with hospitals, where guest doctors are the parties who perform treatment or provide health services to patients, while hospitals are the parties that provide places and facilities for health services. That this visiting doctor is legally domiciled under the auspices of the hospital. The limits of guest doctor's liability in social service activities at the hospital that cause harm to patients, namely guest doctors with the hospital are proportionally responsible according to the provisions at the hospital based on the agreed work agreement.
Health: Hospital Medical Waste Management Laws that Does Not Comply with Environmental Quality Standards Feliciani Palmita Sari Harapan; Andika Persada Putera
East Asian Journal of Multidisciplinary Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v3i5.9292

Abstract

This research is conducted to analyze the regulation of medical waste management and the legal consequences of medical waste management in hospitals that do not meet environmental quality standards related to health aspects. This research method is descriptive which will produce an overview of medical waste management regulations relating to health and environmental aspects. This research is normative in nature. The approach used is a statutory approach which is carried out by examining all regulations related to the legal issues addressed. Furthermore, the conceptual approach is derived from the views and doctrines developed in legal science. while the analysis method used is qualitative analysis method. The results of the study show that there are at least two laws that regulate medical waste, namely the Health Law and the Environmental Management Law. Medical waste management is very important, because medical waste that is not managed properly will have a very negative impact on the environment which will have an impact on human health.
Co-Authors Afiyah Putri Ameliawati Agung Pramono Artanty, Dian Asmuni Asmuni Asmuni BUDI PRAMONO Clara Yunita Ina Ola Denik Wuryani Dian Artanty Dian Ayu Lukitasari Erwin Tumpal Ferdinand Tampubolon Feliciani Palmita Sari Harapan Granidya Rosa Atlantika Hamidah, Titin Ina Ola, Clara Yunita Indri Hapsari Jaufan Fata Almadani Khoirul Huda Khoirul Huda Laismono, Stephanie Glory M. Khoirul Huda M. Khoirul Huda Mohammad Zamroni Mohammad Zamroni Mokhamad Khoirul Huda Nanang Widodo Nazliyah, Inayatun Ninis Nugraheni Ninis Nugraheni Nur Azizah Sri Utami Onge Margareth Hendro Raden Mohamad Herdian Bhakti Sulistiyowati, Deny Sutarno Sutarno Sutarno Sutarno Sutarno Uswatun Khasanah Utama, Merry Sonia Wibowo, Muhammad Andri Wulan, Afni Oktaria Sarining Yulianto