Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Sinergi International Journal of Law
Ginting, James Davidta
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
The Validity of Informed Refusal With Elements of Forced Discharge of COVID-19 Patients From Hospitals, as Reviewed in Accordance With Law No. 29 of 2004 on Medical Practices, in Conjunction With Law No. 4 of 1984 on the Prevention of Infectious Diseases Purwanto, Agus; Ginting, James Davidta
Sinergi International Journal of Law Vol. 1 No. 2 (2023): August 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i2.83

Abstract

Health is a vital aspect of human life. Covid-19 has had a significant impact on the Indonesian population, particularly on their health. During this period, the healthcare profession has come under intense scrutiny due to its direct involvement in healthcare. In the management of the Covid-19 pandemic, challenges have arisen, notably the high number of patients or their families requesting forced discharge before recovery. The research problem and objectives revolve around the validity of informed refusal with elements of forced discharge at the request of Covid-19 patients from hospitals and the legal consequences for both patients and doctors. The research methodology employed is empirical juridical, with primary data collected through questionnaires at a private hospital in West Jakarta, complemented by references from various sources, including books, journals, and legal regulations. Data analysis was conducted using a qualitative normative approach. The research findings indicate that cases of forced discharge following a Covid-19 diagnosis persist despite the existence of regulations such as the Health Law and the Law on the Prevention of Infectious Diseases. In conclusion, informed refusal does not constitute an agreement but rather a unilateral statement by the patient to the hospital and/or doctor. Consequently, full responsibility lies with the patient, as there are currently no regulatory provisions or prohibitions allowing patients to voluntarily leave the hospital, even if the patient's condition has not been assessed as fully recovered by the hospital or doctor.
Risks of Increased Defensive Medicine Due to the Medical World Digitalization and the Legal Implications Based on Indonesian Health Laws Ginting, James Davidta; Yanto, Oksidelfa; Suminar, Sri Ratna
Sinergi International Journal of Law Vol. 4 No. 1 (2026): February 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v4i1.809

Abstract

Digitalization in the healthcare sector, such as electronic medical records (EMR), has opened new horizons in the storage and management of patient medical records. This may also trigger an increase in defensive medicine practice, namely providing more careful medical treatment just to avoid potential lawsuits even though it is not always mesdically necessary. This research aims to study the risk of increased defensive medicine from the digitalization of medical records and the legal implications that arise and evaluate the extent to which legal regulations in Law Number 17 of the Year 2023 concerning Health in addressing defensive medicine practices. The method used is juridical analysis using a literature study approach that examines various legal literature, statutory regulations, and previous research related to digitalization in the medical world and the legal responsibilities of medical personnel. According to the results of this research, it was found that although digitalization can increase the efficiency of health services, it also risks exacerbating the practice of defensive medicine in Indonesia. Existing legal regulations are not yet responsive enough to overcome this challenge, especially in balancing the protection of the rights of both patients and medical personnel.
Legal Certainty in Resolving Medical Malpractice Issue in Indonesia: A Review of the 2023 Health Law Purwanto, Agus; Yusdiansyah, Efik; Kurrohman, Taufik; Ginting, James Davidta
Sinergi International Journal of Law Vol. 4 No. 1 (2026): February 2026
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v4i1.810

Abstract

Medical malpractice disputes can occur in health services, treatments, actions, and care when patients feel disadvantaged or do not get the results they expected. It often arises when there are patients who are sick or unhealthy, then receive medical/medical actions that cause their illness to not heal or even become sicker or can also cause disability to the patient and even death or death. Medical malpractice disputes are disputes about bad practices, namely doing what should not be done or not doing what should be done. This incident often occurs in health services, both in hospitals, health centers, clinics, and even in independent practice places that end up in court. The purpose of the study is to understand and analyze the implementation of health law in Indonesia in resolving medical malpractice disputes with a legal certainty approach based on Law Number 17 of 2023 in conjunction with Government Regulation Number 20 of 2024, to understand, analyze, and seek proposals on what government policy should be in regulating the settlement of medical malpractice. The research method used is descriptive analysis with a normative legal approach through library and field research with data collection techniques through literature studies. Results of the study show that the policies contained in Law Number 17 Year 2023 still lack clarity because the law has yet to establish a precise and authoritative definition of medical malpractice which results in there being no legal certainty.
Co-Authors AGUS PURWANTO Efik Yusdiansyah Oksidelfa Yanto Sri Ratna Suminar Taufik Kurrohman