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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 12 Documents

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Search results for , issue "Vol 5, No 1: Juni 2019" : 12 Documents clear

Pengaturan Tentang Tenaga Kesehatan Dalam Peraturan Perundang-Undangan Dan Azas Kepastian Hukum Harif Fadhillah; Endang Wahyati; Budi Sarwo
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

UUD NRI 1945 selaku konstitusi hukum tertinggi Indonesia mengamanatkan pemenuhan kebutuhan dasar dan hak sipil setiap warga Negara yang meliputi kebutuhan kesehatan sehingga dibutuhkan undang-undang di bidang kesehatan yang menjamin terpenuhinya kebutuhan warga Negara masyarakat akan jaminan pelayanan kesehatan yang baik. Penelitian ini bertujuan untuk mendeskripsikan pengaturan tenaga kesehatan yang telah diatur dengan undang-undang dan azas kepastian hukum. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan doctrinal legal approach dan statuteapproach dengan desain penelitian kualitatif. Hasil Penelitian meliputi: 1) Ditemukan norma yang tidak konsisten pada UU Nomor 36/2009 pada pasal 21 ayat (2) dan (3). 2) Perbedaan Terminologi tenaga Kesehatan pada UU No. 44/2009, UU No. 29/2004, UU No. 38/2014 dan UU No. 36/2014 menimbulkan perbedaan dalam mengklasifikasi tenaga kesehatan. 3) Perbedaan tingkat Pengaturan Tenaga Kesehatan di Indonesia. Rekomendasi: 1) Mengamandemen UU No. 36/2009 agar lebih menjamin kepastian hukum, karena UU Kesehatan sering menjadi rujukan Perundang-undangan lainnya. 2) DPR, Pemerintah dan Organisasi Profesi masing-masing tenaga kesehatan mengupayakan pengaturan dengan UU tersendiri. 3) Pemerintah segera menerbitkan Peraturan Pelaksanaan UU yang mengatur Tenaga Kesehatan 4) Pelaksana Peraturan perundang-undangan hendaknya menggunakan azas Preferensi dalam menyikapi peraturan perundang-undangan yang mengatur tenaga kesehatan yang bertentangan, tidak jelas dan tidak konsisten. 5) Organisasi Profesi harus Proaktif dalam membela kepentingan anggota dan selalu berkoordinasi dengan pemerintah sesuai dengan Peran dan fungsinya.

Midwife’s Role in The Implementation of The Health Minister’s Regulation Number 66 of 2014 Through Stimulation, Early Detection and Intervention Activities to Child’s Growth Disruption at Public Health Centers of Yogyakarta City Ni Luh Gede Wira Yanti; Endang Widyorini; Bernadeta Resti Nurhayati
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Every child had the rights to survive, grow, and well develop to perfect adulthood.However, many children with special needs were factually ignored by their families even theywere often considered as family’s disgrace. The government, through midwives, could play arole in minimising the risks experienced by children with special needs by doing stimulation,early detection and intervention to child’s growth disruption.This research usedsocio‐legal approach with the analytical‐descriptive specification. Primarydata were obtained from interviews with Head of Health Centers (Puskesmas) of Mergangsan,Jetis and Tegalrejo beside with midwives, integrated service post (posyandu) cadres, and fiveparents of children with special needs. Secondary data were obtained from books and legalmaterials related to the research. The data were then qualitatively analysed.The results showed that the three Health Centers (Puskesmas), namelyMergangsan, Jetis andTegalrejo, had implemented the Health Minister’s Regulation Nr. 66 of 2014. The HealthCenters had programs having relations with child’s growth that was SDIDTK (stimulation, earlydetection and intervention of growth disruption). Midwives had performed their roles instimulation, early detection and intervention of growth disruption thorough examination thatwas monthly conducted together with posyandu’s activities at the Health Centers.Supporting factors of the monitoring implementation of a child’s growth, development anddevelopment disruption included health care facilities, adequate human resources (healthworkers), affordable posyandu’s costs and cross‐sectorial cooperation. The inhibiting factorswere low‐income family’s supports, unfavourable social and economic conditions and mother'sknowledge that remained poor.

Implementation minimal service standards in outpatients hospital district Bogor Suminah Suminah; Nasser Kelly
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v5i1.1633

Minimum Service Standards were made to serve as guidance for regions in organizing hospitals. The standards were then used as working indicators by the hospital management. In the field of health, the Minimum Service Standards were regulated by Health Minister’s Decree Nr. 43 of 2016. It was used as a tool to ensure even basic services access and quality to the community that was established and accountable to the Central Government. The Minimum Health Service Standards were very important for hospital’s outpatients in relation with the services provided and were closely related to the outpatient’s protection. This research applied socio-legal approach having analytical-descriptive specification. The data were gathered by having interviews to some resources, namely Head of Health Office of Bogor District, Director of Mary Hospital of Cileungsi Hijau, Unit Head of Sentosa Hospital of Parung.The results of the research showed that the Health Minister’s Decree Nr. 43 of 2016 on Minimum Service Standards in Health Field had not well implemented. The absence of minimun service standards setting issued by the Local Government, namely Bogor District, had made the health services run the minimum service standards in accordance with the existing regulations that referred to Health Office’s Strategic Planning (Renstra) and Health Minister’s Regulation on Hospital Classification and Permit. Bogor District should refer to the Health Minister’s Decree Nr. 43 of 2016 on Minimum Service Standards in Health Field so that the implementation of minimum services standards to outpatients could be well performed.

Protection of Human Right for Pregnant Women in Implementing HIV/AIDS Screening for Prevention of HIV/AIDS transmission from mother to Child in Bantul District Health Center Tyan Ferdiana Hikmah; Agnes Widanti; I. Edward Kurnia SL
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

HIV / AIDS is a health problem in the world which is constantly increasing, especially in women during pregnancy. The government has made efforts to prevent the spread of HIV / AIDS from mother to child where one of its components is to screen for pregnant women. Implementation of HIV / AIDS screening at Puskesmas Bantul District still focuses on increasing coverage of visit in Puskesmas, not yet paying attention to how the protection of human rights for pregnant women.The research method was sociological juridical, with descriptive analytical specification. Primary data were obtained from interviews with 4 midwifes, 4 persons in charge of the program, 4 heads of community health centers and 4 heads of health center and 1 person in Health Office’s Bantul District and 8 pregnant women as well as observation at four health centers in Bantul district. Secondary data were legal materials, official documents, books and research journals. Data analysis using qualitative was inductive.Implementation of HIV / AIDS screening for pregnant women is regulated in Minister of Health Regulation Number 97, 2017 and Minister of Health Regulation Number 51, 2013 about prevention of mother to child transmission of HIV / AIDS related to the protection of human rights for pregnant women. The protection of human rights for pregnant women in the implementation of HIV / AIDS screening at the Bantul District Health Center has not been fulfilled in terms the rights of information, the rights of consent, and the rights of confidentiality. Supporting factors include the availability of health facilities, supporting health resources, supporting facilities and infrastructures while inhibiting factors are health services, limited number of counselors, social support (husbands, health workers, community leaders), affordability, pregnant women working, knowledge, social factors, and the implementation of legislation.

Legal Standing of Apprentice Midwives as Health Personnels in Providing Health Services A Case Study at Health Center II of Melaya, Jembrana, Bali Tias Rizki Ferlina; Trihoni Nalesti Dewi; Hadi Sulistyanto
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Jembrana Jembrana District was one of the Districts implementing health services through midwife apprenticeship program. One of the requirements of what so-called apprentice midwives was they who had graduated from formal education of Diploma III and Diploma IV grades. The apprentice midwives appointment was conducted by the Head of the District Health Office and it was for two-year period. During the period of apprenticeship the midwives were under the guidance of Civil Servant or Contract midwives. This study used socio-legal approach and its specification was explicative in order to view, assess and explain the relationships between the legal standing of apprentice midwife within Indonesian legal system and the legal issues appearing about the job accomplishment of the apprentice midwives. The data consisted of primary and secondary data that were then qualitatively analyzed. The results of the study showed that there was no regulation regarding the legal standing of the apprentice midwives and this made the midwives legally unprotected. Midwife apprenticeship had been carried out since 2011 but it was not a regional policy, because there was no any Regional Regulation giving a basic arrangement on it. The Head of District Health Office appointed apprentice midwives without any authority base that was granted by any legislation nor without a discretionary authority by the Regent of Jembrana. The Internship Agreement explained that the apprentice midwifes should be willing and able not to get a service fee and not demand to be appointed as Civil Servants or Contract workers of the Health Office of Jembrana District, and the Health Office of Jembrana District did not issue maternity and child birth leave letters for apprentice midwives. Besides, for the midwives as health personnels the content of the Apprenticeship Agreement was therefore contrary to the Human Rights principles because there was no basic regulations of midwife apprenticeship, the fulfillment of midwife’s rights and, from its establishment point of view, the agreement was invalid. Therefore, the apprenticeship agreement could be concluded as null and void.

Protection of Health Insurance Rights for Children with Disabilities in the City of Semarang: Case Study at Double Disability Orphanage Semarang Rizqi Amanullah; Budi Sarwo; Muhammad Nasser
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Children with disabilities have equal opportunity in obtaining health insurance through the Government's National Health Insurance (Jaminan Kesehatan Nasional) program organized by Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan. This study aims to find out the protection of the right to health insurance for children with disabilities. The legal status of children with disabilities within the framework of the National Health Insurance as mandated in the 1945 Constitution of the State of the Republic of Indonesia Article 28 (h) paragraph (1) and Article 34 paragraph (2) have not been explicitly stated in the legislation in below it.This research uses sociological juridical approach and qualitative research method. The data used are primary data and secondary data through field study and literature study. The field study was conducted by interviewing the Director of Operations of Soegijapranata Social Foundation, Semarang Archidiose, Head of Al Rifdah Foundation of Semarang City, Representative of Badan Penyelenggara Jaminan Sosial (BPJS) of Semarang City Health, Head of the Double Disability Orphanage Management Bhakti Asih Kota Semarang, and the Chairman of the Double Disability Orphanage Management Al Rifdah Semarang City. The analysis used qualitative methodsThe results of the study indicate that there is no national regulation on health insurance rights for children with disability explicitly as mandated by the Constitution and Law Number 40 Year 2004 regarding National Social Security System. The obstacles that are experienced are in the case of regulations which regulating health insurance for children with disabilities are not harmonious and not clearly regulate about health insurance rights for children with disabilities. In addition, there are also obstacles in the form of administrative factors, the management of the Double Disability Children's Orphanage has difficulties in applying for children with disability who are cared or hospitalized just because there is no Identity Number and Family Card Number which is the main requirement to register the National Health Insurance program. Children with Disabilities in Al-Rifdah Dual Disability Orphanage have received the contribution of Health Insurance Semarang City, but this has not been obtained by Children with Disabilities in Double Disability Orphanage Management Bhakti Asih.

Legal protection against dental Service recipient patients reviewed from law number 36 year 2009 about health in Demak district Yoghi Bagus Prabowo; Agnes Widanti S; Irma Haida
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Tukang Gigi Is Worker In Tradisional Dental Health Service. The Law No. 36/2009 Has Explained The Differences Between Health Workers And Traditional Health Workers. The Objective Of This Study Is To Determine The Legal Protection For The Patients Treated By The Tukang Gigi. The Research Method Used In This Study Was Sociological Juridical Approach With Analytic Descriptive Specification. The Respondents Of This Study Were 4 Licensed And 9 Unlicensed Tukang Gigi With 10 Patients, Respectively. Meanwhile, The Expert In This Study Was The Head Of Health Office Of Demak Regency And The Head Of Consumer Supervision And Protection Board (Lp2k) Of The Central Java Province.The Results Of This Study Showed That 9 Unlicensed And 1 Licensed Tukang Gigi In Demak Had Done Unauthorized Jobs. The Results Also Showed That 70% Of Patients Expressed Dissatisfaction With Their Dental Services. Those Patients Have The Right To Get Legal Protection For Services Provided By Tukang Gigi. Tukang Gigi Has The Legal Responsibility In Doing Their Works. Tukang Gigi Who Do The Unauthorized Jobs Lead To Their Legal Responsibilities—Including Civil, Criminal, And Administrative—For Their Dental Services

The Role of Health Center’s Midwives in School Health Programs for Awareness of Breast Self-Examination of High School Students at Semarang District diana sundari sujadi; Tjahjono Kuntjoro; Resti Nurhayati; V. Hadiyono
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v5i1.1993

Midwifery service is a service that is inseparable from health care system. Breast cancer does not only attack to old ages but also to adolescence. A midwife is one of the health workers having an important and strategic position as an educator that is to provide health education on breast self-examination (Sadari). The objective of this study was to determine the midwife’s role in arising awareness of breast self-examination (Sadari) to high school-aged students.This was a socio-legal study having an analytical descriptive specification. It used first data and secondary data; the primary primary data gathering technique was through interviews to respondents and resource persons. The respondents consisted of midwives and female students at Semarang Regency while the resource persons were Heads of Semarang’s Health Centers.The results showed that the role of midwives in school health programs could be seen in screening and PKPR programs based on the Act Nr. 36 of 2009 on Health, especially Article 79 paragraph (1) and Health Minester’s Regulation (Permenkes) Nr. 75 of 2014 on Health Center (Puskesmas), especially Article 36 paragraph (1). The aim of the screening and PKPR programs was to optimally improve the students’ health in order to support the learning process. The midwife’s role as an implementer and educator in implementing school health programs had been carried out through both programs. The midwife’s role as an educator was to provide education and counseling to the students related to adolescent health. The midwife’s role in school programs related to awareness of breast self examination had not been implemented optimally because the counseling focused more on adolescent reproductive health. The supporting factors were the availability of health facilities at the Health Centers such as counseling room and the cooperation between the Health Centers and the schools in relation with the implementation of the school health program through the coordination of the teachers handling UKS (School Health Unit) and with technical guidance and the supervising personnels of the Health Centers. The inhibiting factors, on the other hand, were lack of health resources availability such as health workers, funds, and health care facilities.

Hospital Responsibility for Release of Medical Information of to Claim The Insurance in Telogorejo Hospital Semarang Suyoko suyoko; Budi Sarwo; Tjahjono Kuntjoro
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Hospitals are responsible to establish the patients’ medical information. However, in reality they should encounter conflicts with the third party who represents the patients to get the medical information, such as the insurance company. This research aims to discover about hospital’s responsibility in establishing patients’ medical information as a proof to claim the insurance and the problems that should be encountered by the hospital in carrying out the responsibility.This research was conducted in Telogorejo Hospital, Semarang. It implements juridical sociology approach with analytical description. The primary and secondary data were gathered from observation result, interview result, and questionnaires analyzed using the qualitative-descriptive method.The result shows that from legal aspect, Telogorejo Hospital has agreed to give the insurance companies which have partnership-relation the access to the patients’ medical information.Whereas for the insurance company which has no partnership-relation with the hospital, the medical information is given after getting the permission from the patients. It is also found out that the patients’ right for reimbursement claim has not yet been given at its best because the filling of the patients’ medical information has not satisfied the minimum, relevant, and adequate principals, so if it causes some disadvantages to the patients, the hospital is legally responsible following the Law of the Republic of Indonesia Article 46 Act Number 44 Year 2009 about Hospital based on the principle of Vicarius Liability. Nevertheless, there is no claim from the injured party. The criminal responsibility aspect of Telogorejo Hospital has protected the confidentiality of the medical information, so the implementation does not contradict with Article 322 of the Criminal Code of the Republic of Indonesia. From the administrative responsibility, Telogorejo Hospital can be expected to be responsible according to the Law of the Republic of Indonesia Article 29 verse 2 Act Number 44 Year 2009 about hospital because Telogorejo Hospital has not optimally implemented the fulfillment of the patients’ right for the medical information. Besides that, the government has not fully monitored and given proper guidance to the hospitals. The other findings are the internal factors which include the incomplete medical records and the external factors, such as the lack of understanding about medical information by the third party, such as the insurance company, and the regulation of medical information release also affect the hospital responsibility.

Implementation Regulated in the Minister of Health Indonesian Republic Number 856/Menkes/ Sk/Ix /2009 about Hospital Emergency Installation in Bendan Pekalongan City Hospital Anik Indriono Indriono; Tjahjono Kuntjoro; Joko Purwoko
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Hospitals in Indonesia are part of the health care system. The health services are started from Emergency Installation, which provided emergency service. An emergency is a life-threatening and disabling condition requiring fast, precise, effective and quality action. It can be achieved if the hospital has a service standard in the Emergency Installation. Emergency Installation Standards are set out in the Ministry of Health's Decree on Hospital Emergency Installation Standards. The research problems of this study were how the implementation of Emergency Installation standard and what factors affect the implementation. This study aimed to investigate the implementation of Hospital Emergency Installation Standards.This study is a qualitative study with the juridical sociological approach. The juridical aspect of this study is the regulation of health minister about Hospital Emergency Installation Standards, while the sociological aspect is the implementation of the regulation by the hospital. The legal material sources of the study include primary and secondary law materials. The data were collected through interviews and literature review.The results show that Emergency Installation Standards are regulated in Law number 44 of 2009 on Hospital. Specifically, Emergency Installation Standards have been regulated in the Minister of Health Indonesian Republic Number 856/Menkes/ SK/IX /2009 about Hospital Emergency Installation. On hospital Emergency Installation Standards. However, the reality in the field, the hospital has not implemented the regulation well, resulted in the poor quality of emergency services. Thus the patient's right to get service quality becomes neglected. The supporting factors of the implementation of Emergency Installation Standards were the high motivation of human resources, while the obstacles factors were less strategic of the hospital location, the constraints of medical equipment financing, and the lack of attention from hospital owners.

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

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Contact Name
Endang Wahyati

Contact Email
endang_wahyati@yahoo.com

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Journal Mail Official
soepra@unika.ac.id

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

Location
Kota semarang,

Jawa tengah

INDONESIA