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All Journal CAPITALIS (JOURNAL OF SOCIAL SCIENCES) Jurnal Kesehatan (JK) International Journal of Social and Education (INJOSEDU)
Dyah Ersita Yustanti
Fakultas Hukum Universitas 17 Agustus 1945 Jakarta, Indonesia
Religion Humanities Dentistry Health Professions Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary

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IMPACT OF EXPANDED LEGAL LIABILITY ON HOSPITAL OPERATIONS AND MANAGEMENT Gunawan Widjaja; Dyah Ersita Yustanti
CAPITALIS: JOURNAL OF SOCIAL SCIENCES Vol. 3 No. 1 (2025): MARET
Publisher : Adisam Publisher

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Abstract

The expansion of legal liability on hospitals has brought about significant changes in the operations and management of these healthcare institutions. This discussion explores how increased legal liability affects regulatory compliance, quality of care, administrative burden, and risk management strategies. The findings show that while there are positive impacts in the form of improved service quality and patient safety, hospitals also face challenges in the form of increased administrative and operational burdens. In addition, hospital management is forced to implement more comprehensive risk management strategies to manage potential legal issues. In conclusion, while the expansion of legal liability creates challenges for hospital management and operations, it also contributes to the overall improvement of healthcare standards and patient safety.
IMPLEMENTATION OF THE HEALTH LAW IN PROVIDING LEGAL PROTECTION FOR PATIENTS IN INDONESIA Gunawan Widjaja; Dyah Ersita Yustanti
CAPITALIS: JOURNAL OF SOCIAL SCIENCES Vol. 3 No. 1 (2025): MARET
Publisher : Adisam Publisher

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Abstract

The implementation of the Health Law in Indonesia has the main objective of providing strong legal protection for patients, ensuring they receive proper and quality healthcare. The law outlines the rights of patients, such as transparent information on medical conditions, consent to medical treatment, and protection of medical privacy. In addition, the law also stipulates the responsibilities of medical personnel and health facilities to provide services in accordance with professional standards and codes of ethics. Nonetheless, the implementation of this law is faced with challenges such as lack of socialisation and limited resources in some areas. Therefore, cooperation from various parties is needed so that legal protection for patients in Indonesia can be realised effectively.
ETHICAL DILEMMAS AND DOCTORS' DISCRETION IN MEDICAL DECISION MAKING IN EMERGENCY DEPARTMENT Gunawan Widjaja; Dyah Ersita Yustanti
Jurnal Kesehatan Vol. 3 No. 1 (2025): JUNI
Publisher : CV. Adiba Aisha Amira

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Medical decision-making in the Emergency Department (ED) is often coloured by ethical dilemmas and the need for doctor discretion due to the pressure of critical situations, time constraints, and the condition of patients who are often unable to give consent to medical action. Biomedical ethical principles such as beneficence, non-maleficence, autonomy, and justice must be carried out in a balanced manner, while doctors are also required to comply with legal standards and operational procedures. In an emergency, doctors have a moral and legal obligation to provide immediate help to save lives or prevent disability, even without informed consent, as long as the action is professionally accountable and in accordance with medical standards. However, the application of this discretion still has the potential to cause ethicomedicolegal problems, especially if communication and documentation are not carried out optimally. Therefore, strengthening the understanding of ethics, crisis communication training, and the preparation of clear ethical protocols are needed so that doctors can make decisions that are professional, accountable, and orientated towards patient safety in the emergency room.
HUBUNGAN ETIKA PROFESI DENGAN DISKRESI DALAM PELAKSANAAN INFORMED CONSENT DI RUMAH SAKIT Gunawan Widjaja; Dyah Ersita Yustanti
Jurnal Kesehatan Vol. 3 No. 1 (2025): JUNI
Publisher : CV. Adiba Aisha Amira

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This study discusses the relationship between professional ethics and discretionary practices in the implementation of informed consent in hospitals using a literature review method. Informed consent is a fundamental right of patients rooted in the principles of autonomy, beneficence, and non-maleficence, and must be fulfilled by health workers in every medical action. However, in practice, healthcare professionals often face situations that require discretion, such as emergency conditions or communication limitations, forcing them to balance compliance with ethical standards and situational demands. Professional and measured discretion, while adhering to legal regulations and professional ethical codes, can provide legal protection for healthcare professionals while safeguarding patients' rights. This study emphasises the importance of a deep understanding of professional ethics, clinical communication training, and transparent documentation to ensure that discretion remains within the ethical and legal boundaries applicable in hospitals.
CORE-PLASMA-BANK PARTNERSHIPS IN THE PLANTATION SECTOR AFTER THE JOB CREATION LAW FROM THE PERSPECTIVE OF LEGAL CERTAINTY AND PROTECTION IN THE STATEWELFARE LAW Yustinus Lambang Setyo Putro; Siti Nur Azizah; Gunawan Widjaja; Dyah Ersita Yustanti
INJOSEDU: International Journal of Social and Education Vol. 2 No. 11 (2026): International Journal of Social and Education (INJOSEDU)
Publisher : Adisam Publisher

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This research analyses legal certainty, legal protection, and tripartite legal responsibility in core–plasma–bank partnerships in the plantation sector after the enactment of the Job Creation Law. The reforms removed the explicit statutory obligation to provide 20% plasma smallholder area contained in the 2014 Plantation Law and shifted it into a regime of facilitation and private contracts, thereby increasing normative ambiguity and weakening the bargaining position of plasma farmers. Using a normative juridical method that combines statutory and conceptual analysis, comparative law, and case studies, the research finds that existing norms do not yet provide adequate guarantees for plasma farmers. In practice, tripartite arrangements often transfer credit risk to plasma farmers as direct debtors, while effective control over land, technology, and marketing remains with the core company and, through loan covenants, the Bank. The novelty of the dissertation lies, first, in demonstrating how the removal of the 20% obligation materially erodes smallholder protection, and second, in formulating the Equitable Tripartite Partnership Theory (TKTB), which positions the bank as a party to the partnership whenever financing is a constitutive element of the scheme. Comparative experience from Malaysia and the Philippines supports a more proportional role for banks through credit-guarantee schemes and contract oversight. The study recommends positivising TKTB in licensing, standard contracts, supervision, and credit-guarantee design so as to realise contractual justice and effective protection for plasma farmers in line with Pancasila and Article 33 of the 1945 Constitution.
Co-Authors Gunawan Widjaja Gunawan Widjaja Siti Nur Azizah Yustinus Lambang Setyo Putro