SOEPRA Jurnal Hukum Kesehatan
The Journal focuses on the development of health law in Indonesia: national, comparative and international. The exchange of views between health lawyers in Indonesia is encouraged. The Journal publishes information on the activities of European and other international organizations in the field of health law. Discussions about ethical questions with legal implications are welcome. National legislation, court decisions and other relevant national material with international implications are also dealt with.
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<![CDATA[Peran Bidan Dalam Pelaksanaan Permenkes Nomor 53 Tahun 2014 Tentang Pelayanan Kesehatan Neonatal Pada Bayi Baru Lahir Di Puskesmas Kaleroang Sulawesi Tengah ]]>
<![CDATA[Sri Lestari Ningsih]]>;
<![CDATA[A Widanti S]]>;
<![CDATA[Suwandi Suwandi]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1277
<![CDATA[Health development is an effort undertaken by all components of the nation to increase awareness, willingness and ability to live healthily Midwifery services is an integral service of health care system. A Midwife is one health worker who has an important and strategic position, especially in reducing the number of infant deaths Newborn. The purpose of this research is to know the role of the midwife in giving health service t a newborn baby based on Permenkes Number 53 the Year 2014 About neonatal health service the newborn.This research is a sociological Juridical research with analytic descriptive research specification. This research uses primary data and secondary data. Method of collecting primary data through the interview to respondent and resource person. The respondents consisted of 10 midwives who worked at Kaleroang Community Health Center and the parents of newborns 10 people. While the speakers consisted of Head of Puskesmas Kaleroang, village cadres. Secondary data obtained through literature study which then analyzed qualitatively.Implementation of the role of midwives in providing neonatal health services to newborns only 4 midwives who have done their job thoroughly and 6 midwives have not done their job. And has not accomplished his duties as an implementer and educator. The role of the midwife as the implementer has not done the newborn care in the neonatal period (0-28 days), and the umbilical cord care. While the role of midwives as educators has not provided counseling and breastfeeding counseling, as well as the fostering of community participation in the field of maternal and child health. The supporting factors are Puskesmas, Puskesmas Pembantu, and Posyandu. While the inhibiting factors are the lack of health personnel (midwives), inadequate transportation facilities, the lack of midwifery knowledge so that the skills are still low, and the health equipment in some villages is not yet complete]]>
<![CDATA[The Role Of Doctors And Nurses In Hiv/Aids Handling Efforts Of The Gays ]]>
<![CDATA[Ludgardis Ramni]]>;
<![CDATA[A Widanti S]]>;
<![CDATA[Hadi Sulistiyanto]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1484
<![CDATA[Health was one of the important and main elements in improving community’s welfare. Doctors and nurses were part of health workers providing health services to the community to improve their health status, including in HIV/AIDS handling efforts. Gays were homosexuals who were closely related to HIV/AIDS. HIV prevalence of gays in Semarang city was 12%. Doctors and nurses were health workers who had an important role in HIV/AIDS handling efforts. The objective of this study was to see the role of doctors and nurses in HIV/AIDS handling efforts of the gays.This research applied a socio-legal approach and analytical descriptive specification. This research used primary and secondary data. The primary data were gathered through interviews and field observation. The informants were eight members of gay community while the other informants were the head of the community beside doctors and nurses of Halmahera Health Center. The secondary data were obtained through literature studies particularly having relation with the role of doctors and nurses in handling HIV/AIDS to the gays. The data were then qualitatively analyzed.The results of the study showed that the doctors and nurses had well accomplished their role in handling HIV/AIDS for the gays but it had not been accomplished in accordance with the provisions of the existing legislation. In handling HIV/AIDS to gays, a doctor had a role as a care provider, a decision maker and a communicator of the actions that should be given to the patients, while a nurse had a role as a care giver and a counsellor by providing diagnoses and appropriate nursing care to the patients as needed. The supporting factors were the availability of health facilities, health resources and adequate infrastructure whereas the inhibiting factors were lack of health personnel as a counselor and lack of self-disclosure of the gays]]>
<![CDATA[Legal Protection For Medical Traditional Treatment Based On Empirical The Government Act No. 103/2014 On Traditional Health Services In The District Semarang ]]>
<![CDATA[Erny Amperawati]]>;
<![CDATA[Hermawan Pancasiwi]]>;
<![CDATA[Hari Pudjo Nugroho]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1485
<![CDATA[The purpose of this study was to know and understand the provisions of legal protection for medical traditional treatment the empirical basis of Law and Act Government No. 103/2014; authority of the local government of Semarang Regency in applying the legal protection aspect for the health of traditional medicine; and health strategies in Semarang Regency in integrating traditional medicine with standardization of health services in accordance with applicable Laws and Regulations.Research this use method qualitative with approach juridical sociological. Specification from research this is research descriptive. Method analysis of data on research this use qualitative data analysis.The results of this study are: (1) Interest use treatment Traditionally, not also inseparable from the increase complexity illness society, of accompanied with needs cost further treatment Great. As a result, treatment traditional back ogled as wrong one alternative problem solving. Supported with ingredients raw nature provided, as well as existence knowledge hereditary from system treatment Traditionally, the interest community will utilization treatment traditional permanent there is and increasingly increased; (2) The authority government inprotection law service health traditional could reviewed from function government based on protection on law. There is three kind of form protection law government that is as maker legislation, implementing Constitution and as supervisor legislation. As maker legislation, overnment authorized make something regulations governing with concrete about service health traditional. Health Law set field health onthorough but no Specific in set service health traditional. Setting more special arranged in PP 103/2014 as regulations implementing the Health Law; and (3) Services Health Traditional in run activities with aim for treat or cure person pain, close possibility for looking for benefit economical anyway. So on general provider services service health traditional could it says as perpetrators businesses engaged in field service-services health, namely service health traditional. This corresponding with definition perpetrators business in Article 1 paragraph 3 of Law Protection Consumers meaningful wide. Understanding perpetrators significant effort large the will make it easy consumer in demanding replace loss when there problems law. Rules Government No. 103/2014 only give permission on two expertise only on healthier treatment traditional Empirical]]>
<![CDATA[Utilization Of Midwives As Health Workers of Public Health Center In Implementing The Policy Of Nutrition Improvement Efforts For Balita at Central Buton Regency of Southeast Sulawesi Province ]]>
<![CDATA[Asfira Sugiarto]]>;
<![CDATA[Ch. Retnaningsih]]>;
<![CDATA[Yovita Indrayati]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1236
<![CDATA[To utilize midwives as health workers was essential in rural communities sinceone of midwife’s duties was to carry out the care of balita (children under five). Themidwives had direct contact with the balita’s mothers, from pre‐natal phase to postnatal.They could be utilized to overcome malnutrition problems through thegovernment’s policy in accordance with the Article 26 paragraph (2) of the Act Nr. 36 of2009 on Health Affairs. This study applied socio‐legal studies approach using primary andsecondary data. The data gathering was conducted by having interviews with somesources and respondents beside having library and related documents studies. This studywas analytical‐descriptively written. The results showed that the Government of CentralButon Regency had not had a special regulation in relation with utilizing midwives toimplement the policy of nutrition improvement efforts. Nevertheless, the government ofCentral Buton Regency remained using the basic legal products that had been previouslyissued, namely Local Regulation of Central Buton Regency Nr. 12 of 2016 on Formation andComposition of Regional Devices of Central Buton Regency and Central Buton Regent’sRegulation Nr. 38 of 2016 regarding Position, Organizational Structure, Duties andFunctions and Administration of Health Office of Central Buton Regency. The healthworkers at the Wamolo, Rahia and Lakudo Public Health Centers (Puskesmas)experienced several obstacles in implementing nutrition improvement efforts for balitas,namely, among others, lack of budget provided by the local government (APBD),particularly the budget for nutrition, lack of midwives as the human resources andnutrition, inadequate health facilities and the existing roads that remained rocky andhard to travel.]]>
<![CDATA[Pelaksanaan Pelayanan Gawat Darurat Bagi Peserta Bpjs Kesehatan Di Rumah Sakit Umum Daerah Ratu Aji Putri Botung Ditinjau Dari Keputusan Menteri Kesehatan Nomor 856/Menkes/Sk/Ix/2009 Tentang Standar Instalasi Gawat Darurat (IGD) Rumah Sakit ]]>
<![CDATA[Jansje Grace Makisurat]]>;
<![CDATA[Y. Budi Sarwo]]>;
<![CDATA[Daniel Budi Wibowo]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1472
<![CDATA[Indonesian Hospital is a health service facility to support the implementation of health efforts. RSUD in collaboration with BPJS often accepts patients not according to the criteria of emergency criteria. This study aims to determine the implementation of emergency services for participants JKN Health in IGD and Decree of the Minister of Health of the Republic of Indonesia No. 856 / Menkes / SK / IX / 2009 on Emergency Installation Standards.This research was conducted at the General Hospital of Ratu Aji Putri Botung Area. This research uses sociological juridical approach method with analytical descriptive specification. The data used are primary and secondary data through observation and interview 60 respondents to Head of Health Service, Head of Medical Service, Head of Room of IGD, Head of Unit of Integrated Health Insurance, and manager of BPJS. Data of research result is analyzed by using qualitative method.The results showed that JKN participants were aware of the service flow (32%), were aware of referral service flow (20%), were aware of the emergency’s criteria (28%) and were aware of the JKN participants' rights and obligations (48%). It is because lack of understanding on JKN regulation that become obstacle to access IGD services. Patients who have applied service at the Regional Public Hospital’s emergency unit were served according to the service flow regulated by BPJS. The Triage method was conducted to patients who applied for service at the Emergency unit to sort out which are emergency cases and which are not. RSUD RAPB has not implemented KMK Number 856 / Menkes / SK / IX / 2009 on Hospital's Emergency Unit Standard was not properly implemented in the hospital includes the absence of legal sanction and the absence of a clear regulation at the regional level, therefore the legalization and modification the regulation is required for the legal product to be effective. Budget support from the government and local government is needed for optimal health service delivery in RSUD RAPB. Supervision and guidance from the Department of Health is needed as a control in ensuring that the regulations are being properly implemented. Intensive socialization by BPJS is required in order to make changes in the general community behavior so that people would understand and obey the rules as JKN participants.]]>
<![CDATA[Pemenuhan Kesehatan Gigi Anak Penyandang Retardasi Mental Dalam Perspektif Hak Asasi Manusia ]]>
<![CDATA[Nendika Dyah Ayu M.]]>;
<![CDATA[Y. Trihoni Nalesti Dewi]]>;
<![CDATA[Edi Sumarwanto]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1267
<![CDATA[Mental retardation is a decrease in cognitive, motoric and social abilities.Mental retardation in indonesia reach 30.460 in 2012. Mental retardation characterized byindex IQ less than 70, it cause limitation in motoric skills such as brushing teeth.Theinability to brush their teeth will affect in their oral health, that can increase variousoral disease, so children with mental retardation need a affirmative action. Law Number36 Year 2009 on Health, Law of the Republic of Indonesia Number 8 Year 2016 on Personswith Disabilities and Law of the Republic of Indonesia Number 19 Year 2011 on RatificationConvention On The Rights Of Persons With Disabilities explained that children withmental retardation deserve highest degree of health without discrimination and getaffirmative action according to their disability.A method of the research is a qualitative method.The approach method is juridicalsociological. Data that used in this research are primary and secondary data.The primarydata are from interviews with pediatric dentist, director of the hospital , teachers SLB ,principal SLB and jurist. Secondary data are from literature study which supporting theprimary data.The results show that the existing regulation only give an obligation for the governmentto fullfil. If they are not implementing the regulation, there is no reporting mechanismand regulatory sanctions. In practice, the right to obtain socialization or informationabout dental health of children with mental retardation, the right to access facilities andparamedics without discrimination, and the right to get affirmative action such as dentalteam service, communication, visitation hours, dental chair and treatment specificallystated on the regulation of the minister of health number 89 of 2015 on dental and oralhealth efforts is not based on that regulation. Without any sanctions, the existingregulation has not been able to guarantee the compliance the right of dental health forchildren with mental retardation. So that it isn’t sufficient as a basic for the complianceof the human rights.]]>
<![CDATA[Supervision Of Buleleng District Health Office On The Implementation Of Empirical-Traditional Health Service And The Protection Of The Community’s Right To Health ]]>
<![CDATA[Karlina Sumiari Tangkas]]>;
<![CDATA[Endang Wahyati Yustina]]>;
<![CDATA[Daniel Budi Wibowo]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1479
<![CDATA[Empirical-traditional health service existing in Bali Province, especially in Buleleng District, was growing rapidly. Therefore, it was necessary to monitor the implementation of traditional health services in Buleleng District. The purpose of this study was to know the supervision conducted by Buleleng District Health Office on the implementation of empirical-traditional health service and the protection of the community’s right to health. This study used socio-legal approach having an analytical-descriptive specification and qualitative research design. Data gathering was conducted by having in-depth interviews. The results of the study showed about the legal basis of empirical-traditional health service, implementation of supervision to the Head of Buleleng District’s Health Office and The factors influencing the implementation of the supervision. The conclusions that could be drawn was the supervision conducted by the Buleleng District’s Health Office was not optimal so that the community’s health rights had not been protected. It was suggested that the provincial government, the empirical-traditional health service providers, and the community as well would push Buleleng District’s Health Office to perform better supervision so that it would be able to provide protection for the community’s rights to health]]>
<![CDATA[Legal Protection For Doctors In Doing Medical Activities Related To The Distribution Of False Vaccine In Semarang District ]]>
<![CDATA[Totok Sumariyanto]]>;
<![CDATA[Trihoni Nalesti Dewi]]>;
<![CDATA[Tjahjono Tjahjono]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1273
<![CDATA[The case of the false vaccine circulation that occurred in Indonesia in mid-2016 had horrendous World Health and raising fears in society. This case raises the impact on doctors who provide vaccine or immunization to the patient. Due to the false vaccine case resulted in lowered public confidence towards the world of health, especially do immunization in toddlers. Concerns also arise on a doctor who gave the vaccine, because his own doctors did not know whether the vaccine will be given to the patient's original or false. It is interesting to be researched by the author to know about circulation and surveillance of vaccine in the area of Semarang. The research method used in this thesis is sociological juridical. Data collection was done with primary and secondary data that were gathered by interviews with some resources, such as Head of BPOM Central Java, Chairman IDI Semarang District, Head of District Health Office of Semarang, Pharmaceutical procurement department in Semarang District Hospital, doctor of RSUD Kabupaten Semarang who do the vaccine directly to patients, as well as library studies and related documents. This research is done explanatively. The result of the research, it can be concluded that the regulation concerning the circulation of drugs or vaccine in Indonesia is adequate. The process of circulation and procurement of vaccines in the district of Semarang on RSUD Ambarawa and RSUD Ungaran have been conducted in accordance with the procedures, including also in the implementation of the procurement of the vaccine so well controlled. Responsibility for the false vaccine relief in Indonesia is the responsibility of BPOM and the Health Department. The circulation of drugs or vaccines may not be able to circulate in the community in a strict supervision and control and periodically by BPOM and the health service is running properly]]>
<![CDATA[Pelaksanaan Keselamatan Pasien Melalui Lima Momen Cuci Tangan Sebagai Perlindungan Hak Pasien ]]>
<![CDATA[Maria Ariani Wijaya]]>;
<![CDATA[A Widanti S]]>;
<![CDATA[Hartanto Hartanto]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1481
<![CDATA[Healthcare-Associated Infections (HAIs) is one of the risks that threaten patient safety. HAIs causing harms to the patient's family and the hospital. Five Moments Hand Hygiene is one of the safeguards to against the risk of infection transmission. However, the compliance of hand washing in Indonesia is not maximal yet.This research is conduct to knowing the regulations of Five Moments Hand Hygiene implementation, obtaining an overview of its implementation and finding the support and inhibiting factors at St. Elisabeth Hospital. The research was conducted by using juridical-empirical approach. The object of this research is the nurse Five Moments Hand Hygiene behaviors at St. Elisabeth Hospital Inpatient Installation.The results shows the legal basis for the implementation of the Five Moments Hand Hygiene in Indonesia is Health Ministry’s Regulation No. 11/2017 on Patient Safety and Health Ministry’s Regulation No. 27/2017 on Guidelines for Infection Prevention and Control at Health Service Facilities. A hand washing compliance of healthcare workers in St. Elisabeth Hospital in 2017 reached 90%. The Director of the Hospital has fulfilled his obligations establishing the Hand Hygiene Guidelines. Supporting factors include availability of facilities and management support. The inhibiting factor is the nurse workload, poor understanding, and the demands of efficiency. Administrative sanctions may be provided for health workers who are not compliant with the SOP.]]>
<![CDATA[Peran Puskesmas Dalam Pelaksanaan Skrinning Hipotiroid Kongenital Untuk Menjamin Kesehatan Anak Di Puskesmas Kabupaten Oku Timur ]]>
<![CDATA[Charunia Anggraini]]>;
<![CDATA[Y. Budi Sarwo]]>;
<![CDATA[Hadi Sulistyanto]]>
<![CDATA[ SOEPRA Vol 4, No 1: Juni 2018 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v4i1.1292
<![CDATA[Health is one of human rights that should be protected and cared for by the Government. Children, as a matter of fact, are to be the generation that will hold this country in the future and that’s why they should be protected. The preliminary study showed that the Congenital Hypothyroid Screening (Skrinning Hipotiroid Kongenital/SHK) had not been implemented in the first level health facility (Public Health Center or Puskesmas) at East OKU Regency. There was no specific regulation on SHK at East OKU Regency so that SHK would not be implemented to newborn babies. Since SHK was one of the national programs it required a governmental regulation, the commitment of health officer and related profession and it should be integrated with the whole health service system.This research implemented a socio-legal approach having analytical-descriptive specification. The objective was to get an overview of the policies of East OKU regency in supporting the implementation of Congenital Hypothyroid Screening (SHK) beside to see the factors influencing. This study was conducted at Puskesmasof East OKU regency by using primary data obtained from 3 resource persons and 5 respondents of the Puskesmasmeanwhile the secondary data were obtained from library and archive studies. The data were then qualitatively analyzed.The results showed that the government of East OKU regency had not had a special regency’s or regent’s regulation on Congenital Hypothyroid Screening. However, there were governmental supports to SHK program that were contained in other regulations such as Regional Regulation (Perda) of East OKU regency Nr. 6 of 2016 on Arrangement and Structure of Regency’s Apparatus of East OKU regency and the Regent's Regulation Nr. 39 of 2016 on Position, Organizational Structure of Duties and Functions and the Working Procedures of the Regional Agencies. Besides, the government of East OKU regency would not complicate but it would even provide budget for UPTD of Health Office in running the health program. In running the program the Health Office would refer to the Health Minister’s Regulation (Permenkes) Nr. 78 of 2014 on Congenital Hypothyroid Screening (SHK). So far,during this study was conducted,there was no a single baby having congenital hypothyroid. In accomplishing its duties the Puskesmashad implemented the Standard Operational Procedure (SOP) got from the Health Office of East OKU regency and the SOP itself was derived from Provincial Health Office.]]>
