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SOEPRA Jurnal Hukum Kesehatan

shk
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Published by Universitas Katolik Soegijapranata

ISSN : - EISSN : 2548818X DOI : https://doi.org/10.24167/shk

Core Subject : Health, Social,

Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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.

Arjuna Subject : Profesi Kesehatan - Profesi Kesehatan (Lain-Lain)

Articles 10 Documents

Search results for , issue "Vol 4, No 2: Desember 2018" : 10 Documents clear

Application of Risk Management and Patient Safety to Ensure Legal Protection for Patients and Health Personal Services in General Hospital of Abepura City of Jayapura Hendrik William Rumbewas; Yovita Indrayati; Hadi Sulistyanto
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v4i2.1498

The problem in this study is how to regulate and apply Risk Management and Patient Safety to ensure Legal Protection for Patient and Healthy Person at Abepura General Hospital, and what obstacles faced by Hospital in arranging and implementing Risk Management to ensure legal protection seen from involvement legal rules and technical aspects such as human resources, culture, politics, facilities and others. The purpose of the study is to obtain a description of the application, arrangement, and barriers pelksanaan Risk Management and Patient Safety to ensure the Legal Protection for Patients and Health Personnel at Abepura General Hospital, which is viewed from the side of involvement of the rule of law and the technical side such as human resources, culture, politics, facilities, and others.This research is an analytical, descriptive legal research, with the approach of Sociological Juridical, this research examines the problem of applying risk management and patient safety in giving legal protection to patient and health worker. To answer the problem, secondary date, primary date, and tertiary date are needed. Secondary date in the form of primary date collected through field study and secondary date collected by library study So the results of the study obtained on setting the hospital's internal rules in the form of hospital by low and operational standards used in hospitals has not functioned as a legal tool used to minimize the risk if there is a problem in RSUD Abepura, because the device rules still need penyempunaan material with takes a long time and adjusted to the ability and state of the hospital. Thus the form of risk must always be guarded by active regulatory oversight in providing periodic evaluations and monitoring. Implementation of risk management has not become a legal tool in use in supporting the Abepura Regional General Hospital service and has not become a key regulation in ensuring patient safety. Therefore, the local regulations are the basis of the guidelines in performing services to ensure patient safety and protect patients and health workers. So it has not yet illustrated the relationship between the implementation of risk management and patient safety due to the level of compliance with existing regulations and resulted in the form of misunderstanding between the patient, the patient's family, and the health worker. Obstacles to the implementation of risk management regarding the Normative side of the hospital has not understood the contents of regulations and policies on Patient Safety and not by the policy for patient safety cases in the hospital. From the technical side includes the function of coordination of service duties associated with several factors such as supporting facilities such as skilled health officers who supported facilities in the form of complementary facilities such as buildings and medical equipment which also become an obstacle in improving the quality of services in tunjang also with allocation funds that are not in accordance with the needs of the hospital, so that the escort to risk has not yet disputed the dispute between the patient and the health worker.

The Effectiveness of Application of Regional Regulations Number 7 of 2015 concerning Non-Smoking Areas in Ogan Komering Ulu District Health Office Heri Fachrizal; Eko Nurmardiansyah; Suwandi Sawandi
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Effectiveness is a state that the extent to which shows the plan has been achieved. Smoking is a personal right of everyone, on the other hand, the need to respect and respect the rights of others to breathe fresh air free of cigarette smoke. When a smoking activity has violated a person's right to breathe clean air has begun to be neglected then the Government must be present to solve the problem. The negative impact of exposure to secondhand smoke is not only on active smokers but also has a major impact on people around who become passive smokers. Government Regulation NO. 7 The year 2015 has explained that the office is as a place of society or workers who come every day to work and later as one of the pioneers of the No Smoking Area. This study aims to determine the effectiveness of the application of local regulations at the Office of Health Office of OKU RegencyThe method in this research is sociological juridical, with analytical descriptive. Respondents are ten rooms and employees working in the room. The resource persons in this study were the head of OKU Regency Health Office and the sub-division HeadThe results of this study indicate regional regulation NO. 7 The year 2015 on Non-Smoking Areas that have been applied at the Office of Health Office OKU less effective. The results of this study also show that many employees found smoking in the area of No Smoking Area.

Legal Protection to Commercial Sex Workers (PSK) Viewed From Reproductive Health Aspects at Pasar Kembang (Sarkem) Yogyakarta Tyas Kartika Siwi; Agnes Widanti; Hartanto Hartanto
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

All women had equal rights to reproductive health, no exception for commercial sex workers (PSK), because PSK was a very risky job for various diseases, among others, gonorrhea, herpes, fungal infections, syphilis, vaginitis, ulcers, sex lice, and HIV/AIDS. However, in reality, not all PSKs got their rights to reproductive health. The Government had issued a regulation related to reproductive rights, namely Government Regulation Nr. 61 of 2014 on Reproductive Health. This research used the socio-legal approach with the analytical- descriptive specification. The primary data were obtained from interviews with the Head of Public Health Center (Puskesmas) of Gedongtengen, doctors, midwives, coordinator of commercial sex workers association, AIDS Prevention Commission, the Head of Infectious Disease Control Section of the Health Office of Yogyakarta City, hotel owners and commercial sex workers (PSK). Secondary data were obtained from books and legal materials having relations with the research. The data gathered were then qualitatively analyzed.The results of the research at Puskesmas of Gedongtengen showed that PSK had obtained legal protection by the contents of articles of the prevailing legislation and the Minister of Health’s regulation. Puskesmas of Gedongtengen had reproductive health services programs such as clinical sexual services of sexually transmitted infections (STI) and voluntary counseling and testing (VCT). If by an examination a PSK was found HIV/AIDS positive, she would be referred to a hospital having facilities by her needs. On the one hand, the supporting factors of the implementation of legal protection to commercial sex workers regarding reproductive health included affordable costs of the Puskesmas, availability of competent health personnel, adequate facilities, and infrastructure, cross-sectoral cooperation, PSK involvement in the services provided. On the other hand, the inhibiting factors were the absence of specific legislative regulations on PSK, low-level education that led to lack of health examination awareness, a lot of the customers that refused to use condoms and the insufficient availability of skilled health personnel.

Legal Protection for Nurses in Non Civil Servants in Health Centers in Langgudu Sub-District Bima Regency After the Enactment of Law Number 38 the Year 2014 Concerning Nursing Al Muhajirin; Tjahjono Kuntjoro; Yovita Indrayati
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Local Government Clinic in Langgudu Subdistrict, Bima Regency, is one of the Government institutions that employ health and non-health workers. One of the health workers themselves is nurses. Nurses who practiced at the clinic have recruited both nurses who have the status of civil servants, impermanent officers, and voluntary nurses. The voluntary nurses who were recruited and appointed by the head of the clinic. On the other hand, the recruitment in the local government should comply with the legislation of the state civil apparatus. As the recruitment is not by the legislation of the state civil apparatus, it will have an impact on the legal protection for the nurses in a local government clinic. This research was done at a clinic in Langgudu subdistrict of Bima Regency using sociology juridical research method. The specification of the research was descriptive analytic using primary and secondary data. Data collection techniques used in the research was face to face interview, question draft distribution, and interview by phone. The Information or resource of this research was the head of the health official, heads of clinics in Langgudu subdistrict and the chairman of Indonesian National Nurses Organization of Bima Regency. Then, The respondents were the nurses who work at the clinic in Langgudu Subdistrict, either nurse who have the status of civil servant, local honorary workers or the voluntary nurses. The research result found that the regulation of employee appointment to work in a government institution was set in regent’s regulation number 15A about appointment guideline, placement, Dismissal, and honorary workers discipline of local government. In the regulation, the person who has authority in appointing the employees is the regent as the builder of the officers. In implementing of the regulation the head of the Clinic appointsnurse workers by himself to employ at the clinic. Thus, such things have already broken authority as leader of the institution in the sphere of local government as it is not by the rules of the Regent of Bima. Therefore, such appointments an obstacle in giving protection for voluntary Nurses because the process of appointment is not appropriate and breaking authority. As a head of clinics is not given authority and should not recruit or appoint the workers to employ at government institutions. The appointment of the workers shows that understanding of heads of clinics about management of the worker appointment at the clinics still lack, in addition to the absence of legislation regulations managing the volunteers so that it is an obstacle in providing legal protection for voluntary nurses who work in a clinic.

Provisions of Indonesian Medical Discipline Sanctions to Protect The Rights of Patient be Reviewed From Theprinciple of The Establishment of Legislation Wellem Hendra Balubun; Valentinus Suroto; Edi Sumarwanto
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

ABSTRACT: This study aims to determine, first: the effectiveness of the provisions of medical discipline sanctions for doctors and dentists to protect the rights of patients be reviewed from the principles of the establishment of legislation. Second: the mechanism of sanctioning Medical Discipline for doctors and dentists This research uses a normative juridical approach. The specification of this research is descriptive analytical. The type of data used is secondary data obtained through literature study and then analyzed qualitatively and drawn conclusions with deductive and inductive thought method. The results of this study show that first: the provisions of Indonesian medical discipline sanction based on the principle of Clarity of Purpose, medical discipline sanction is established with a clear purpose that is as a form of guidance and supervision of medical practice in Indonesia. Based on the principle of Implementation, medical discipline sanction is said to be implemented because it has been regulated in the Regulation of KKI (Perkonsil) Number 50 of 2017 on the Procedures for Handling Cases of Alleged Violations of Doctor and Dentist Discipline. Based on the principles of Usability and Useful, by looking at the background of the formation of medical disciplinary sanctions which, among others, the high number of disciplinary violations, then disciplinary sanctions are really needed and yet not beneficial to the community. The principle of Clarity Formulation, the formulation of medical discipline sanction is clear and not multitasker so it can be easily understood. From the results of this analysis can be said that the provisions of disciplinary sanctions are effective. Secondly, the mechanism of sanction is set in number 50 of 2017 on the Procedures for Handling the Case of Alleged Discipline of Doctor and Dentist, which regulates the procedure and also the authority in the imposition of sanctions and the implementation of sanctions. The mechanism is the process of imposition of sanctions is the authority of MKDKI while the implementation of the decision of sanctions unification is the authority of KKI.

The Protection of The Right to Health Services for The People With mental Disorders Especially in Yogyakarta Based on Law Number 18 of 2014 Mental Health Odilia Esem; Endang Wahyati; Tjahjono Kuntjoro
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

The rights to health care were basic rights that were subjected to every person, including people having mental disorders (ODGJ). The ODGJ had the same opportunity to get health services through the mental health facilities, mental health workers, mental health supplies provided by the government. This study aimed to know the regulation on ODGJ’s health service rights, the implementation of the protection of ODGJ’s rights to health services and the factors affecting the implementation of the protection of ODGJ’s rights to health services. The research was conducted at the Special Province of Yogyakarta (DIY) namely in Grhasia Mental Hospital, Panembahan Senopati General Hospital of Bantul and Mergangsan Public Health Center. This research applied a socio-legal approach having an analytical-descriptive specification. The data gathered were primary and secondary data that were obtained by field studies and literature study. The field studies were conducted by interviews with the directors of the hospitals, Head of the Public Health Center, Head of Health Office, and ODGJ’sfamilies. The data were then qualitatively analyzed. The results of the study showed that there had been provisions ODGJ’s rights to health services based on the Republic of Indonesia’s Constitution, Act Nr. 39 of 1999 on Human Rights, Act Nr. 36 of 2009 on Health, Act Nr.18 of 2014 on Mental Health, Minister of Health’s Regulation Nr. 43 of 2016 on Minimum Service Standard in Health Sector, Yogyakarta Special Province’s Regulation Nr. 1 of 2014 on Vagrant and Beggars and Yogyakarta Governor’s Regulation Nr. 81 of 2014 on Guidance for Stocks Placement Prevention. Health services for ODGJ had been accomplished in Yogyakarta Province by providing health facilities at both the hospitals and the public health center as well. However, the protection of ODGJ’srights to health services had not been optimally fulfilled. It was influenced by several factors namely juridical, social and technical factors.

The Relationship between Executive Outpatient and Human Rights Protection for BPJS Health Patients in RSUD KRMT Wongsonegoro Semarang I Wayan Agus Setiawan; Budi Sarwo; Daniel Budi Wibowo
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Health was very important to human beings and was protected by the state because to get health was part of human rights, and it should be protected by the state. Health warranty was one of the protection forms provided by the government so that the rights to obtain health could be fulfilled. KRMT Wongsonegoro Hospital was a hospital that provided services to the patients of BPJS and organized executive and regular outpatients. The existence of two kinds of outpatients led to a necessity of seeing the protection to the patients getting social security in obtaining executive outpatient services.This research used a socio-legal approach having an analytical-descriptive specification. It would describe the implementation of the executive outpatient services and be then analyzed to see the relationship between the rights of the patients of Health BPJS and human rights protection.The results of the research showed that KRMT WongsonegoroHospital issued a Director’s Decree Nr. 290 of 2017 on Opening of Executive Outpatient of Gatotkaca and a Director’s Regulation Nr. 50 of 2017 on Executive Patient Cost Package. KRMT Wongsonegoro Hospital had not been able to thoroughly schedule specialist and subspecialist doctors for executive outpatients. For the time being KRMT Wongsonegoro Hospital did not take any additional cost for executive outpatient services.

Juridical Analysis of Delegation of Authority Medical Treatment (Verdict Case Study NO.1165/PID.B/2010/PN.SDA, NO.1166/PID.B/2010/PN.SDA, NO.1167/PID.B/ 2010/PN. SDA.) Juliana Susanti Gunawan; M. Nasser; Petrus Soerjowinoto
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Since September 2014, The House of Representatives passed a new Nurses Act, Act Nr.38 of 2014. Nurses Act is considered legal protection for nurses in Indonesia and defines their scope of practice. The Act was developed and passed with the specific aim to improve professional quality and the quality of nursing care. Nurses are legally permitted to prescribe limited medical treatment based on physicians' delegation or mandated orders. All of these actions will be regulated by codes from the Ministry of Health, which will be derived from the new Nurses Act and with consideration of the nurse's competencies to perform such specific medical interventions. This study to examine the extent to which the doctor as general practitioner delegated medical treatment to the nurses and to analyze procedure towards authority delegation from doctor to nurses. As usual, both doctor and nurses were reluctant to have minor clinical treatment delegated and a majority did not think that nurses should carry out delegated diagnostic procedures. Doctors and nurses who had completed their training were more likely to favor delegation since this decade so that delegation may become more common, for example in favor of delegating injections, dressings and stitch removal and immunizations. There is no clear definition of the scope of practice for the nurse in the field, in contrary delegation among those with unfavorable views often appeared formidable. Nurses need reeducating before such a system could. It is dangerous to have someone who'sundertrained.The delegation of medical treatment should consider patient safety and comfort. This research applied the normative juridical method with legal clinical research (prescriptive normative) based on library approach, and case approach consisted of secondary data that gathered by rules, regulations, and verdict case number 1165/Pid.B/2010/PN.SDA, 1166/Pid.B/2010/PN.SDA and 1167/Pid.B/2010/PN.SDA and interviews with a law firm and legal consultant who handled the case verdict about delegation of authority medical treatment from a doctor to nurse. The result of the study showed there are limitation procedures of regulation to perform medical treatments based on physicians' delegation or mandated orders. Therefore health policymaker should make regulations of the scope of medical treatment procedure based on responsibility and authority delegation from doctor to nurse.

Legal Aspect of Teleradiology at Hospital in Fulfillment of Patient Right Adrian Benhard Mardi Putra; Trihoni Nalesti Dewi; Daniel Budi Wibowo
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

The geographical situation and the disparity of the radiologist distribution make access to radiology services in rural, remote and island areas unmet. The presence of teleradiology can eliminate such gaps by increasing the speed and accuracy of diagnoses through technological assistance carried out in stages through the regulation of the telemedicine pilot project. Although teleradiology is currently still limited to trials, it is necessary to consider legal aspects, such as fairness, usefulness and legal certainty to the fulfillment of patient rights.This study is sociological-juridical with explanatory research specification. This study uses primary data obtained from in-depth interview to 6 informants consisting of 1 region head IDI, one head of medical support head, 1 ICT legal expert, with one radiologist with two radiographers who is performing teleradiology. Meanwhile, secondary data as media supporting obtained through by literature and legislation review. Furthermore, data obtained are processed and analyzed qualitatively. Based on the results of research in dr. Wahidin Sudirohusodo Makassar Hospital and H.A. Sulthan Daeng Radja Bulukumba Hospital, the implementation of teleradiology in both hospitals resulted in some of the patient's rights being unfulfilled due to infrastructure constraints, limited human resources and lack of socialization. Patients are not entitled to informed consent and the provision of medical information. The right to the second opinion is also not fulfilled so that the patient does not get a chance to seek a second chance on the diagnosis of his illness. The non-fulfillment of both rights also affects the right to patient safety in the hospital in the case of management and taking action due to incomplete medical record data. As for the legal aspects to be achieved in the implementation of teleradiology, i.e., equity, usefulness, and legal certitude aspect. However, from these three aspects, the legal certitude aspect is not implemented properly as part of the fulfillment of patient rights due to existing regulations not to set certain things that can provide legal protection for provider or recipient of teleradiology service.

Implementation of Government Regulation Number 33 of 2012 concerning Exclusive Breastfeeding as a Form of Legal Protection for Babies Against the Promotion of Infant Formula Milk in Palembang City Anastasya Megasstuti Gunadi; Endang Widyorini; Yovita Indrayati
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Exclusive Breast Milk became the important programs prioritized by the Government with the Government Regulation Number 33 the Year 2012 about giving breast milk exclusively, in which the Government bans activities deemed to inhibit Exclusive breast feeding program, in particular, the promotion of baby formula. The purpose of this research is to know the implementation of government regulations Number 33 the Year 2012 of Exclusive breast feeding as a form of legal protection for infants against the promotion of baby formula in Palembang; restricting factor and factor endowments as well as the responsibility of the Government of the city of Palembang in the implementation of government regulations Number 33 Year 2012 of Exclusive breast feeding as a form of legal protection for infants against the promotion of baby formula in the city of Palembang.In this study, the author uses empirical juridical approach/sociological. This research is a descriptive analytic study. The analysis used in the study of qualitative analysis. Method of data collection used is through fieldwork using interviews and observations as well as through the study of librarianship by way of reading, collecting and studying as well as understand the source library.The results of this study are: (1) the implementation of PP No. 33 Year 2012 of Exclusive breast feeding has not been run with optimal in providing legal protection for infants against the promotion of baby formula in Palembang (2) supporting factors in the implementation of the Government Regulation No. 33 Year 2012 of Exclusive breast feeding as a form of legal protection for infants against the promotion of baby formula in Palembang is a city of Palembang has had local regulations Exclusive Breast Milk that is governing local regulations No. 2 the year 2014 of Exclusive breast feeding. While the factors restricting among other social and cultural factors in the community, working mothers, a lack of manpower counselors trained in hospitals (3) The responsibility of the Government of the city of Palembang Area Regulations run number 2 Year 2014 of Exclusive breast feeding as a follow-up of the Government Regulation (PP) number 33 Year 2012 of Exclusive breast feeding and run the application of sanctions a firm and tangible for those who violate and inhibit Exclusive breast feeding.

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Endang Wahyati

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Jl. Pawiyatan Luhur IV/1 Bendan Duwur Semarang, 50234

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