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All Journal Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora International Journal Of Public Health Pemuliaan Keadilan
Jaury Douglas Pardomuan
Unknown Affiliation
Humanities Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Aspek Hukum Terhadap Perlindungan Pasien dalam Pelayanan Kesehatan Tradisional Menurut Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan Jaury Douglas Pardomuan; Handoyo Prasetyo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 3 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i3.1321

Abstract

Traditional medicine in Indonesia faces significant challenges regarding patient protection and clear regulation in the context of consumer protection. Unlike modern medicine that follows a structured European model, traditional medicine often lacks consistent definition and clear regulatory mechanisms. Law Number 17 of 2023 concerning Health seeks to accommodate the diversity of healthcare systems in Indonesia, yet there are still shortcomings in the responsibility of health organizations for the standardization and supervision of traditional medicine. This research analyzes how patient protection in traditional healthcare services is viewed from a consumer protection perspective and examines the implementation of Law Number 17 of 2023. Findings indicate the need for further steps to develop robust mechanisms in standardization, address deficiencies in health organizations responsible, and balance communal interests with individual needs in traditional medicine. Thus, these efforts are expected to enhance patient protection and improve the safety and effectiveness of traditional medicine in Indonesia.
Perlindungan Hukum Bagi Pasien Usia Lanjut di Bidang Kesehatan dalam Perspektif Hak Asasi Manusia Jaury Douglas Pardomuan; Irwan Triadi
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i6.545

Abstract

The percentage of elderly people (seniors) in Indonesia is expected to continue to increase due to various factors, such as declining birth rates and improved life expectancy. Under these circumstances, the integration of seniors in development is crucial. Elderly individuals often experience health-related issues, and ideally, the state should be present to provide adequate health services for them. However, based on the research conducted, there are still many shortcomings in the legal framework to ensure the health and well-being of the elderly. Moreover, the de facto dissolution of the National Commission for the Elderly has created a gap in the entity directly responsible for advocating the development of a healthcare system for seniors. This study was conducted using the normative juridical method, with the main finding that legal reform is necessary to ensure that the current legal product, namely Law No. 13 of 1998 on Elderly Welfare, can be updated and Law No. 17 of 2023 should be revised to ensure better health and welfare for the elderly.
Literatur Review: Hak dan Kewajiban Pasien, Keluarga Masyarkat dan Tenaga Medis dalam Pelayanan Kesehatan Bencana Jaury Douglas Pardomuan; Handoyo Prasetyo
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 5 (2024): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i5.384

Abstract

Health services are a critical aspect that requires coordination and cooperation from various parties, including patients, families, communities and medical personnel. Therefore, this research aims to analyze the rights and obligations of patients, families, communities and medical personnel in disaster health services. The method used is literature study. Google and Google Schoolar are used as the main sources of the database used from 2020 to 2024 to extract research via publish or perish software. From the research that has been conducted, disaster health services are a very complex and challenging aspect of the health system, which requires a multi-disciplinary and collaborative approach. A deep understanding of the rights and obligations of patients, families, communities and medical personnel is a strong basis for building a health care system that is fair, effective and sustainable. Cooperation between governments, international organizations, non-governmental organizations, local communities and individuals is essential to ensure that disaster response and recovery efforts can be carried out in a coordinated and effective manner. The development of supportive policies and regulations, as well as adequate funding, are also critical to strengthening disaster health services.
Pemenuhan Hak Pelayanan Kesehatan Bagi Kelompok Usia Rentan di Indonesia Berdasarkan Asas Keadilan, Kepastian Hukum dan Kemanfaatan Jaury Douglas Pardomuan; Irwan Triadi
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.205

Abstract

Healthcare services for vulnerable age groups are often neglected due to pragmatic considerations. However, in national development, distributive justice and inclusivity must be promoted to help create a society that supports each other and is capable of achieving shared prosperity. This research focuses on a critical analysis of the efforts to fulfill the right to healthcare services for vulnerable age groups, employing a normative-juridical research model with measurement tools based on the principles of justice, legal certainty, and utility. The findings indicate that there is still a lack of detailed and inclusive provisions for vulnerable age groups, which do not yet meet the principles of justice, legal certainty, and utility.
Perlindungan Hukum Bagi Dokter Umum Terkait Pelimpahan Wewenang Tindakan Medik dari Dokter Spesialis Menurut Omnibus Law Kesehatan 2023 Jaury Douglas Pardomuan; Handoyo Prasetyo
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i3.411

Abstract

In carrying out their duties, general practitioners have limitations both in terms of knowledge and medical facilities they possess. Furthermore, based on the Omnibus Health Law 2023, there are regulations that govern general practitioners regarding the medical procedures they can and cannot perform. Several articles that regulate referral issues are Article 19, Article 32, Article 189, and Article 360. Meanwhile, the regulation regarding specialist doctors is listed in Articles 233-235. However, it is important to emphasize that the authority of specialist doctors and general practitioners is not directly regulated in the Omnibus Law. Thus, the study that can be conducted is an interpretative study that compares it simultaneously with similar legal products. Other references that can be used are Presidential Regulation no. 31 of 2019 and Minister of Health Regulation no. 36 of 2019. Based on a comparative study and judicial analysis of the Omnibus Health Law 2023, specialist doctors have their own independence, and therefore, if they delegate authority to general practitioners, it is guaranteed by the law, including the Omnibus Health Law 2023, especially because the Omnibus Health Law 2023 opens up flexibility for specialist doctors to practice. If delegation occurs, general practitioners can be legally protected as long as the basis for this delegation is emergency for patient safety, secondly is the delegation of authority to ensure patient safety, and thirdly is part of the education for specialist doctors. Although not explicitly stated, these implications are strongly implied in the articles mentioned in the Omnibus Health Law. Nevertheless, there are certain limits that specialist doctors must follow to ensure that patients' rights are well protected, and in the future, there needs to be a strengthening of regulations so that both general practitioners and specialist doctors do not face criminalization.
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.
Co-Authors Abdul Kolib Handoyo Prasetyo Irwan Triadi