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All Journal Cendekia: Journal of Law, Social and Humanities IJLSH
Vira Komala
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Religion Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Responsibility For Negligent Actions Of Nurses In Hospital Which Results In Exchanging Newborn Babies Vira Komala; Edi Setiadi; Sri Ratna Suminar
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 2 No. 3 (2024): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12760891

Abstract

The obligation to respect human rights is reflected in the Preamble to the 1945 Constitution, especially Article 28B paragraph (2) of the 1945 Constitution which states that: Every child has the right to survival, growth and development and the right to protection from violence and discrimination. To ensure healthcare measures are by standards and are safe, hospitals need to implement processes that support patient rights as long as patients receive services and care at the hospital and are responsible for protecting patients, especially babies who are at high risk of experiencing forms of discrimination and violence in their lives. To improve patient safety so that patient safety incidents do not occur. The research aimed to determine the hospital's responsibility and the legal consequences for nurses for their negligence which resulted in the exchange of newborn babies. Then the results were obtained that based on the teachings of the Doctrine of vicarious liability, hospitals are responsible for compensating for losses by Article 193 of Law Number 17 of 2023 concerning Health and nurses can be held criminally liable based on Article 277 of the Criminal Code.
Legal Aspects of Ownership of Medical Records Documents as Objects of Material Property Rights for Hospitals Vira Komala; Edi Setiadi; Sri Ratna Suminar
International Journal of Law, Social Science, and Humanities Vol. 1 No. 2 (2024): IJLSH - November 2024
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v1i2.167

Abstract

Article 297 paragraph (1) of Law Number 17 of 2023 concerning Health explains that medical record documents belong to health service facilities. This has legal consequences for hospitals to maintain the security, integrity, and confidentiality of medical records. However, patients still assume they are the owners of the contents of the records, so violations often occur in disclosing medical records which are not by the provisions. In the Indonesian legal system, ownership of property rights, according to Article 499 BW, is known as the term material which includes the meaning of goods and rights that property rights can control. With this background, the research aims to determine the legal aspects of ownership of medical record documents as objects of property rights for hospitals, so that disclosure of information contained in medical record documents is carried out by applicable legal provisions. The approach method used is normative juridical, the research specifications in this study are analytical descriptive. The data collection technique in this research is literature study and the analysis method in the research uses qualitative analysis methods. The research results prove that medical records can be classified as objects or goods (tangible objects). When referring to the grouping of objects, medical records can be categorized as movable objects. Medical records as movable objects can be owned by the party in charge of the property rights so that whoever controls the object is considered the owner as regulated in Article 1977 of the Civil Code.
Co-Authors Edi Setiadi Sri Ratna Suminar