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SOEPRA Jurnal Hukum Kesehatan

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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 2: Desember 2019" : 12 Documents clear

Criminal Liability for Misuse of Electronic Medical Records in Health Services Prilian Cahyani; Astutik Astutik
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Electronic medical records (RME) have been used in hospitals as a substitute for or complementary to medical records in the form of paper. The obligation to make medical records is the responsibility of every doctor or dentist in carrying out the medical practice. However, the use of electronic-based medical records does not rule out the possibility of raising problems in the field of law, if some abuse it. This will raise the issue of who has the obligation to take responsibility. The problem is the background of the author to write in an article with the title "Accountability for the Misuse of Electronic Medical Record Abuse in Health Services". The formulation of the problem in this article is: 1) Setting an electronic medical record; 2) Criminal liability for the misuse of electronic medical records. The research method used is normative legal research with a statutory approach and a conceptual approach. From the discussion, it can be seen that in Indonesia the obligation to make medical records is specifically regulated in the Medical Practice Law. Furthermore, in the Ministry of Health No. 269 / MENKES / PER / III / 2008 especially Article 2 paragraph 2 states that medical records can be made electronically. However, to date, no specific regulations are governing electronic medical records. The use of electronic systems in medical records makes it necessary to heed the provisions of Law No. 11 of 2008 concerning Electronic Information and Transactions. The party who has the responsibility for the misuse of the Electronic Medical Record covers people who in this case are medical personnel or certain health workers. Hospitals can also be held responsible for the misuse of electronic medical records.

Proving the Accuracy and Legal Liability of Clinical Laboratory Examination Results Using Automatic Tools Yusi Luluk Rahmania; Tjahjono Kuntjoro; Valentinus Suroto
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Laboratorium test is an important aspect of health services. Errors in laboratory results have an impact on physician actions. The need to use an automated device cannot be denied in laboratory services. A high level of public trust in automated device results being difficult to detect if it happens error. On the other hand, reexamination and retrieval specimens cannot prove the accuracy of the laboratory result because it is very unstable.This research was conducted at Roemani Hospital, Awaloedin Djamil Hospital, and BALABKES Jawa Tengah. Interviewees included head of installations/head of laboratories, health analysts, and patients, doctors using laboratory results, and Semarang District Court judges and legal experts.The data was processed descriptively analytically with a sociological juridical approach. Laboratory examination is a process so that each stage must be verified. Documents can be used as evidence that a laboratory conducts examinations following professional standards and SOPs. The laboratory must have documents on each examination procedure from the initial sample received until the results come out which can later be used as evidence in the trial. The storage of these documents has not been regulated so that the formulation is adjusted to Undang-Undang No. 43 of 2009 tentang Arsip and Peraturan Menteri Kesehatan No. 30 of 2012 tentang Jadwal Retensi Arsip Substantif dan Fasilitatif non-Keuangan dan Non-Kepegawaian di Lingkungan Kementerian Kesehatan for documents non-medical records. Laboratorium document that includes a medical record formulated based on Peraturan Menteri Kesehatan No. 269 of 2008 tentang Rekam Medis. From the laboratory studied, it has carried out maintenance of evidence, but it is not good and documentation is still incomplete. The responsibility for civil error results includes the source of the error. Patient non-compliance is the patient's responsibility, while the errors of health analysts and automated tools are the responsibility of the laboratory organizer.

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital Christina Nur Widayati; Endang Wahyati Yustina; Hadi Sulistyanto
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

The reconstruction of Maternal Audit with the electronic health information System Prita Muliarini
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Abstract: the maternal audit Program that took place since 2012 as the development of quality improvement efforts and safety of maternal health services is still not by Hope. The maternal audit process itself is lengthy so that there can be certain time gaps in problem-solving, the possibility of changing the contents of the clinic's audit and a verbal autopsy is inaccurate. This research is expected to answer questions and provide solutions for the lack of functioning of the maternal audit in reducing maternal mortality, and generate a comprehensive policy in the effort to reduce maternal mortality by auditing Maternal quality.

Legal Protection of Patient Data Confidentiality Electronic Medical Records Nabbilah Amir
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

The use of electronic devices is inseparable from life today, entering the Industrial Revolution era where technological sophistication can replace human tasks, so the use of electronic devices can not only be found in domestic life, offices, and education but also in medical services. The various facilities offered by health care providers both hospitals and clinics in the form of technology utilization are increasingly rapidly becoming one of the electronic medical records that are expected to have a positive impact on reducing paper use. Medical records that used paper (conventional) were changed to electronic medical records. The purpose of this study is to find out and analyze the extent to which electronic medical records can protect the confidentiality of patient data and function as evidence in court in malpractice cases. This study uses normative legal research methods and uses the statute approach method. The results of this study indicate that there needs to be a concern from the government in providing legal certainty regarding the existence of electronic medical records, given that the application has been carried out by several hospitals and clinics in Indonesia. The government should provide standard legal certainty to the changes in conventional medical records to electronic medical records in the form of the issuance of specific laws and regulations regulating electronic medical records.

Preliminary Review of the Effects of Electronic Medical Administration Records (eMAR) and Electronic Doctor Order Entry (CPOE) on Patient Safety Culture in the Era of Universal Health Services Rahmat Santoso; Stefanus Nova
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

In the era of universal health service [UHC], medicine was always used as part of curative, preventive, and promotive. Following pharmaceutical service standards in hospitals, health centers, and pharmacies, that medicines must be managed properly, including in their use. Medication errors are a leading cause of death in many parts of the world. The factors causing the increase in medication errors related to individuals, such as heavy workload on health care facilities and pharmaceutical service facilities, are often experienced by medical staff (General Practitioners and Specialists) and pharmaceutical personnel (Pharmacists and Pharmaceutical Technical Personnel / TTK), or organizational-related factors, such as inadequate facilities and infrastructure to document medication administration records and the entry of physician orders electronically. The study was conducted cross-sectionally retrospectively, by sharing the results of an initial literature review on the impact of electronic medication administration records (eMAR) and doctor's order entry (CPOE) on patient safety. Using PubMed and Google Scholar, we search for the following terms: "eMAR", "CPOE", "medication error", and "patient safety". Our initial findings reveal that eMAR and CPOE can have an impact on the pharmaceutical workflow, and reduce medication errors, thereby increasing patient safety. Based on the initial review, eMAR and CPOE influence the insight of pharmaceutical personnel, pharmaceutical workflows and impact on patient safety. On the other hand, there is a regulatory direction which is still in the form of a Regulation of the Minister of Health Regulation on Providers of Electronic Pharmaceutical Facilities (PSEF), but it is unfortunate that "eMAR" and "CPOE" have not become clauses governed by the government. Our plan for future research is to conduct a systematic review study to further study the impact of eMAR and CPOE on patient safety.

The Role of Electronic Medical Records as Evidence in Medical Disputes in Hospitals Devina Anggraeni; Muhammad Ikhsan
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Medical Record is a file that contains records and other documents such as patient identification, examination, the treatment that has been given to the patient. Based on the Minister of Health No. 269/MENKES/PER /III / 2008 concerning the medical record that there are two types of medical records that conventional medical records and electronic medical records. With the absence of a strong legal basis related to the setting of electronic medical records, but in reality, many hospitals are using electronic medical records which raised the question, how the role of electronic medical records as evidence in the medical dispute that occurred in the hospital ?. This study uses Descriptio with the normative juridical approach. The data used is qualitative. This is done to get an overview of the roles of electronic medical records as evidence in the medical dispute in the hospital. Electronic medical records in the case of medical dispute resolution in the hospital can not be made as evidence in the medical case settlement, because the regulations related to the use of electronic medical records alone do not yet have a clear legal basis.

Legal Protection of the Right of Housewives to the Risk of HIV / AIDS in the city of Semarang Ratih Sukmo W; Agnes Widanti; Hadi Sulistyanto
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

One of the health issues in the world today remaining to be a trending topic is about HIV/AIDS. The incidence number of HIV/AIDS is increasing every year, including that it is experienced by housewives. Meanwhile, the housewives had the right to be free from sexually transmitted diseases, especially HIV/AIDS. The purpose of this study was to know the form of legal protection and the role of the government in fulfilling the housewives’ rights against the risk of HIV/AIDS transmission.This study used a socio-legal approach and a descriptive-analytical specification. The interviewees or informants consisted of 5 housewives suffering from positive HIV/AIDS and it was also done to 5 housewives who were negative but their husbands were positively suffering from HIV/AIDS. Meanwhile, the resource persons were from the Semarang City Health Office, the AIDS Prevention Commission, and the “Peduli Kasih” Foundation. The housewives’ rights of being free from sexually transmitted diseases had been regulated in several regulations but the implementation had not been evenly distributed throughout the city of Semarang. The factors that caused an increase in the number of housewives getting HIV/AIDS were socio-cultural and economic vulnerabilities, lack knowledge and information about HIV/AIDS, lack of awareness of the risky infected couples to check themselves to hospitals, discrimination treatment against HIV/AIDS sufferers and lack of health facilities. The role of the family was very influential for the housewives suffering from HIV/AIDS to survive. The supports that could be given to the housewives were emotional, appreciation, material, information, and socializing supports.

Legal protection subject of research on health research in the field of dentistry education Tahta Danifatis Sunnah; Endang wahyati Yustina; Irma H.Y Siregar
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Medical education is an integrated education unit of scientific knowledge and clinical science. In its implementation medical education is inseparable from researches on health as requirements of students' academic graduation in medical and dental education programs students. The researches in medical and dentistry education are carried out by the students under the academic supervisors' guidance by the field of study. The researches include observational and experimental researches. In these two types of researches, the students are required to involve the research subjects, both experimental animals and human beings. In carrying out the researches it is necessary to get the permission of the subjects to be involved as the research subjects. This relates to the rights fulfillment and legal protection of the research subjects, especially in the field of dentistry education.This was a socio-legal study having analytically descriptive specifications. This study used primary and secondary data and the data gathering techniques were through field and literature studies. The data obtained were then qualitatively analyzed.The results of the study showed that the legal protection, both preventive and repressive, to the health research subjects in dentistry education had not yet been realized despite there had been legal provisions regulating it, among others, Act Nr. 20 of 2013 on Medical Education and the Regulation of the Minister Research, Technology, and Higher Education of the Republic of Indonesia Nr. 18 of 2018 on National Standards of Medical Education. Also, the arrangement form of the research subject's protection in any research conducted by the students of dentistry education was a Dean Decree outlined in academic guidelines on students' scientific papers. The decree included academic, ethical, and general requirements. In practice, the existing health research legal arrangements had not been effective except in evaluation monitoring. This was because some factors influenced the legal arrangement implementation of research subjects, namely juridical factor that was the fact that the regulations were not understood by the students; a technical factor that was lack of human resources; and social factor that was lack of socialization to the health research subjects.

Synchronization of Electronic Medical Record Implementation Guidelines in National E-Health Strategies Rezky Ami Cahyaharnita
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Medical records are made in writing, complete and clear or electronically. Medical records are the basis of medical services to patients. Paper medical records increase the amount of paper waste in Indonesia. A national e-health strategy is a comprehensive approach to efforts in the national health sector. Electronic medical records are more effective because of better time management. The formulation of the problem in this article covers the reasons, criteria, and implementation of electronic medical records. The research method used is descriptive qualitative research with a statute approach. The criteria for a good electronic medical record are integrated data from various sources, data collected at the service point, and supporting service providers in decision making. The expected electronic medical record is to be integrated with the health service facility information system program without neglecting the confidentiality aspect. Therefore, the government needs to make regulations on the technical implementation of electronic medical records.

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Home Page

OAI Link

Editorial Team

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Reviewer

Google Scholar

Contact Name Endang Wahyati

Contact Email endang_wahyati@yahoo.com

Phone -

Journal Mail Official soepra@unika.ac.id

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

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Endang Wahyati

Contact Email
endang_wahyati@yahoo.com

Phone
-

Journal Mail Official
soepra@unika.ac.id

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

Location
Kota semarang,

Jawa tengah

INDONESIA