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All Journal BERNAS: Jurnal Pengabdian Kepada Masyarakat SEGARA : Jurnal Pengabdian Kepada Masyarakat International Journal Of Public Health
Abdul Kolib
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Religion Agriculture, Biological Sciences & Forestry Humanities Dentistry Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Mathematics Medicine & Pharmacology Neuroscience Nursing Public Health Social Sciences Veterinary Other

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Journal : International Journal Of Public Health

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Legal Protection for Doctors Against Refusal of Medical Ser-vices by Elderly Patients in Indonesia Jaury Douglas Pardomuan; Abdul Kolib; Handoyo Prasetyo
International Journal of Public Health Vol. 2 No. 2 (2025): June : International Journal of Public Health
Publisher : Asosiasi Riset Ilmu Kesehatan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijph.v2i2.430

Abstract

The growing elderly population in Indonesia has created structural challenges in the health care system. One of the crucial challenges arises in the aspect of medical decision-making that becomes increasingly complex, along with the decline in cognitive capacity, comorbidities, and chronic diseases that accompany this age group. Problems arise when elderly patients refuse medical treatment, while doctors have ethical and professional obligations to save lives. This condition is complicated by social pressure from families and collective cultural values that often ignore the right to individual autonomy. As a result, doctors are in a vulnerable position legally and ethically, especially when there are no regulations that explicitly and technically regulate the limits of professional responsibility. This study aims to analyze the form of legal protection for doctors in the face of refusal of medical action by elderly patients. The method used is normative juridical, with statutory and conceptual approaches. The results show that there are no specific rules regarding the mechanism of informed refusal, evaluation of the decision-making capacity of elderly patients, and the limits of legal responsibility of doctors. This creates legal uncertainty, even when doctors have acted according to professional standards and medical ethics. This study recommends the establishment of technical regulations that strictly regulate the procedures for refusal of medical action by elderly patients. Legal protection for doctors is not only a professional guarantee, but also an integral part of a health system that is fair, sustainable, and ensures legal certainty in modern medical practice.
Legal Review of Specimen Collection for DNA Testing Without the Sample Owner's Authorization Darto Darto; Abdul Kolib; Handoyo Prasetyo
International Journal of Public Health Vol. 2 No. 2 (2025): June : International Journal of Public Health
Publisher : Asosiasi Riset Ilmu Kesehatan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijph.v2i2.431

Abstract

In the modern legal system, Deoxyribonucleic Acid (DNA) testing has become an important tool in the resolution of criminal and civil cases in Indonesia. The use of DNA can assist in determining blood relations, uncovering sexual abuse cases, and proving involvement in other crimes. Nonetheless, there are various legal issues that arise regarding the collection of DNA specimens without the consent of the sample owner. In Indonesia, although there are personal data protection regulations such as the Health and Population Administration Law, there are no specific provisions regarding the legality of unauthorized DNA sampling. This creates uncertainty in the legal system, especially in terms of evidence being recognized in court. Unauthorized DNA sampling can violate an individual's right to privacy guaranteed by the 1945 Constitution and the Criminal Procedure Law. This potentially makes DNA test results inadmissible as valid evidence in court. Therefore, this study aims to analyze the legality of the practice of unauthorized DNA sampling and its impact on the legal evidentiary system in Indonesia. The study also highlights the importance of medical ethics and legal protection of privacy in determining the validity of DNA evidence in judicial proceedings. It also explores the role of medical ethics and privacy law in determining the validity of DNA test results in the judicial process, and provides recommendations for clearer regulations regarding DNA sampling procedures.
Co-Authors Agneta Irmarahayu Darto Darto Erna Harfiani Handoyo Prasetyo Ima Maria Isniani Ramadhani Jaury Douglas Pardomuan Meiskha Bahar Oktania Sandra Ria Maria Theresa Susanti, Febriyolla Taufiq Fredrik Pasiak Taupan Ichsan Tuarita Tri Faranita