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All Journal Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice
Yusuf Sitinjak
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR NURSES IN IMPLEMENTING PROFESSIONAL AND INDEPENDENT HEALTH SERVICES (STUDY AT MURNI TEGUH MEMORIAL HOSPITAL) Yusuf Sitinjak; Mhd. Azhali Siregar; Bambang Fitrianto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i1.123

Abstract

Health services are defined as the provision of health efforts in a series of maintenance and improvement of personal health levels, all health service activities are carried out based on legal principles contained in binding regulations.Nursing as an integral part of health services has great leverage in health development efforts.The purpose of this study is to determine and examine the role and responsibilities of nurses in the implementation of professional and independent health services, and to determine and examine legal protection for nurses in the implementation of professional and independent health services. The preparation of this Thesis uses the Normative-Empirical Research Method used in the form of literature, journals, scientific articles and laws and regulations as well as related documents from various written sources related to the research and supported by empirical research in the form of interview results with various related parties. Then analyzed using qualitative analysis techniques and presented descriptively. The results of this study are: (1) The function of nurses in nursing practice consists of independent functions, interdependent functions and dependent functions. In relation to these functions, nurses have the ability to be responsible in carrying out their functions; (2) Legally, the nursing profession receives legal protection based on Article 53 paragraph (1) of Law Number 23 of 1992 and Article 1367 paragraph (1) of the Civil Code and Article 1367 paragraph (3). Based on these findings, Article 273 of Law Number 17 of 2023 concerning Health provides legal protection for health workers and medical personnel who carry out medical actions in health services. Health workers who are proven to be negligent can be subject to legal sanctions as referred to in Article 440 paragraphs (1) and (2); However, before being subject to criminal sanctions, the problem must be resolved through non-judicial channels as referred to in Article 310 of the Law. Medical personnel are not subject to sanctions if they can provide evidence that their work and actions are in accordance with professional standards, professional service standards, operational procedure standards, professional ethics, and patient requirements.
Hospitals' Legal Responsibilities for Patient Safety in Healthcare Services T. Riza Zarzani; Farhan , Farhan; Yusuf Sitinjak; Charly Situmorang
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.161

Abstract

The changes in the national health legal landscape through the enactment of Law No. 17 of 2023 concerning Health have important implications for the construction of hospitals' legal responsibility for patient safety. Previously, Article 46 of the Hospital Law provided an explicit basis for hospital liability for losses resulting from the negligence of healthcare workers. Following the revocation of this provision, questions arose regarding the extent to which the principle of corporate responsibility for hospitals could be maintained and the extent to which legal protection for patients was still guaranteed. This study aims to normatively analyze the conception and regulation of hospitals' legal responsibility for patient safety within the framework of Law No. 17 of 2023, while also examining the problems and implications for patient protection. The method used is normative juridical with a statutory and conceptual approach to the legal relationship between hospitals, healthcare workers, and patients. The results of the study indicate that although explicit formulations such as Article 46 have been removed, the principle of hospital responsibility can still be supported by a combination of the right to health norm, the obligations of healthcare facilities, patient safety standards, and the doctrine of corporate responsibility. However, in practice, there are still gray areas in the integration of civil, criminal, and administrative liability, as well as in the relationship between regulations at the statutory level and implementing regulations. This study recommends the reconstruction of regulations that reaffirm the principle of hospital responsibility, strengthen patient safety systems and culture in hospitals, and develop dispute resolution mechanisms that are fast, transparent, and fair for patients, hospitals, and healthcare workers.
Co-Authors Bambang Fitrianto Charly Situmorang Farhan , Farhan Mhd. Azhali Siregar Tengku Riza Zarzani N