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[Law Protection on Patients Toward The Health Services Conducted by Social Security Administrator for Health (SSAH) or BPJS in Accordance With The Limitation on Cataract Surgery ]]>
<![CDATA[Chori Diah Astuti]]>;
<![CDATA[Suherman Suherman]]>;
<![CDATA[Arrisman Arrisman]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2595
<![CDATA[Health is a primary right of every individual and must be guaranteed by the state; therefore, the state has regulated the health of its citizens as stipulated in the 1945 Constitution Article 28 Section 3 which is further regulated in law No. 40 Year 2004 concerning the national social security system. One of the concerns of the government is that many Indonesians who have reached the age of 50-60 years who experience vision problems due to cloudy eye lense or cataract. The government concern is can be seen from their attention on health problems by passing Minister of Health Regulation No. 29 Year 2016. Concerning with eye Health Care Services at the Health Care Amanities and the Director of Health Service Security on Health (SSAH) passed a regulationNo. 2 Year 2018 concering with cataract service security service.The Method Used in this study is a normative juridical method, using secondary data consisting of primary, secondary and tertiary legal materials. The end purpose of this study is to get clarity about the legal protection of patients against health services by the Health amenities and SSAH or BPJS with the existence of restrictions on cataract surgery and to find out the claim procedures concerning with this restriction.]]>
<![CDATA[Implementation of Puskesmas Accreditation and Protection of Patient Rights in Health Services at Puskesmas Rembang Regency ]]>
<![CDATA[Intaningtyas Subawati]]>;
<![CDATA[Endang Wahyati]]>;
<![CDATA[C Tjahyono Koentjoro]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2044
<![CDATA[A Puskesmas or Health Center is one of the health service facilities having a duty of implementing health policies to achieve health development goals in its working area. Puskesmas is required to have accreditation every three years to ensure that quality and performance improvement and risk management implementation are continuously done. The accreditation is expected to guarantee the protection of the rights of the patients as service users of Puskesmas. There are 17 Puskesmas at Rembang District in which 94.1% of them have been accredited to see the degree of compliance with the Puskesmas accreditation standards.This study used a socio-legal approach having a descriptive-analytics specification. It used primary and secondary data meanwhile the data-gathering technique was conducted through field and literature studies. The data were then qualitatively analyzed.The results of the study showed that the accreditation to the Puskesmas of Rembang District was carried out according to the legislations of the Health Minister’s Regulation Nr. 75 of 2014 and the Health Minister’s Regulation Nr. 46 of 2015. One of the regulations on patient’s rights protection at Puskesmas was the Decree of Puskesmas Head regarding the patients’ rights to get services. The Puskesmas accreditation had been guaranteed the patients’ rights protection, but not optimally. Some factors were influencing the Puskesmas accreditation and the patients' rights protection to get health services at Puskesmas, namely juridical factors, technical factors, and other social factors. ]]>
<![CDATA[Ethical and Legal Issues in the Use of Online-Based Health Services (E-Health) ]]>
<![CDATA[Fitriani Nur Damayanti]]>;
<![CDATA[Absori Absori]]>;
<![CDATA[Kelik Wardiono]]>;
<![CDATA[Sri Rejeki]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2626
<![CDATA[Abstract: The internet offers unprecedented power to provide users with health information for patients, health professionals, and professionals. Maintaining the integrity, data systems, and confidentiality of individual health information, quality of content, and consumer protection and the commercial interests of the health industry against unethical practices, are areas of greatest concern in the implementation and use of the Internet. However, there is no national and international legislation for regulating the use of online-based health services. This research is a Literature review that aims to explore ethical and legal issues in the use of online-based health services (E-Health). The review process begins by identifying journal articles that are relevant to the research topic. This study concludes that the use of online-based health services (E-Health) is an important public health issue. E-Health emerged as a tool for developing new diagnostics and therapeutic interventions. Ethical issues related to crossing clinical practice and online communication about health services. This allows discriminatory or unethical behavior and is not following the professional code of ethics. E-Health licensing standards and regulations have not been implemented in many countries. So that health workers are required to code of ethics in the use of online-based health services (E-Health). ]]>
<![CDATA[Legal Protection for Patients in Settlement of Medical Disputes through the Courts (Case Study of South Jakarta District Court Decision Number 538 / Pdt.G / 2016 / PN. Jkt. Cell) ]]>
<![CDATA[Rezka Zahra Humaira]]>;
<![CDATA[I. Edward Kurnia]]>;
<![CDATA[Valentinus Suroto]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.1963
<![CDATA[One of in court mediation failure cases was the case of the South Jakarta District Court Nr.538/Pdt.G/2016/PN. Jkt. Sel. The objective of this study was to determine judges’ legal considerations in making decisions relating to the South Jakarta District Court case and to know the legal protection to the patient in resolving the medical disputes which were conducted through the court.This study used a legal-normative approach having descriptive-analytical specifications. The data used were primary and secondary meanwhile the data gathering techniques were by interviews and library studies. The interviews were conducted with informants, namely one judge of South Jakarta State Court, two judges of Semarang District Court, one Deputy Civil Registrar of the Supreme Court, and deputy chairman of MKEK. The library studies were conducted by studying primary secondary, and tertiary legal materials beside some other relevant written materials.The results of this study showed that the plaintiff, in this case, was the patient, was not legally protected when having a medical dispute case in the court. It was because the judge was not right in making a judgment. The plaintiff filed a lawsuit directly to the court to be able to resolve the case of facelift operation alleged malpractice. However, the plaintiff's claim was not accepted because according to the judges a medical dispute between doctors and patients should be done through Medical Ethics Commission Assembly (MKEK) first. This consideration is based on the Circular Letter of Supreme Court (SEMA) 1982 (without numbers) and expert opinion. However, if it used an analogy of MKEK which was treated equally to MKDKI, the submission of a medical dispute claim did not require to be processed through MKEK first. One of the reasons for the judge's irrelevance in the decision was the fact that SEMA used as the basis of the judge’s decision could not be found, even after being confirmed at the Supreme Court's Law and Public Relations Bureau. Besides, there had been many legislations that could be used as considerations of the decision such as Act Nr. 36 of 2009, the Act Nr. 29 of 2004, and the Act Nr. 44 of 2009. ]]>
<![CDATA[Elaboration of Libertarianism takes the view of humanity in the dual profession law ]]>
<![CDATA[Gregorius Yoga Panji Asmara]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2628
<![CDATA[The advancement of civilization has led to the creation of a dual form of the doctor-advocate profession which is confronted with many conflicts of interest between two opposing interests between doctors who are also advocates. This paper uses a legal, conceptual, and eclectic approach to positive law in the dual profession of doctor-advocate with humanitarian paradigm libertarianism. The results of this study resulted in the construction of the dual law of the doctor-advocate profession, providing an understanding that each individual has the right to decide on goals to be achieved based on morality and sensitivity to fair and civilized human values, so that in constructing the dual law of the doctor-advocate profession it is done only to defend the weak, without having to leave the identity and independence of the profession as doctors and advocates.]]>
<![CDATA[Protection of the Right to Elderly Health Insurance at the Semarang City Nursing Home ]]>
<![CDATA[Lina Purnamasari]]>;
<![CDATA[Y. Budi Sarwo]]>;
<![CDATA[Daniel Budi Wibowo]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.1976
<![CDATA[Semarang has the second largest elderly in Indonesia. The elderly are vulnerable to illness and have the right to health insurance held by the Government, in this case, membership of the National Health Insurance (JKN) or Semarang Regional Health Insurance. This study aims to determine the protection of health insurance rights of neglected or poor elderly in nursing homes in Semarang.The design study was a socio-legal approach. Data was taken through literature and field studies, through an interview with a representative of the Semarang Health Department, Semarang Social Department, BPJS Semarang, head/caretaker, and elderly of three nursing home in Semarang. Data is analyzed qualitatively. This study found that there was no specific regulation regarding the protection of health insurance rights of the elderly in nursing homes. Elderly received routine health care in the three nursing homes, but only 50%, 17%, and 8% elderly were registered as JKN membership and none were registered in Semarang Regional Health Insurance. Many elderly have not been registered because they do not have Family Cards and Identity Cards, limitations of nursing home staffs managing registration, lack of roles and coordination of Local Government institutions in providing health insurance for neglected elderly. ]]>
<![CDATA[Comparative Study of Sex Selection in Assisted Reproductive Technology’s Regulation Between Indonesia and England ]]>
<![CDATA[Rani Tiyas Budiyanti]]>;
<![CDATA[Anggita Doramia Lumbanraja]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2627
<![CDATA[Sex selection through assisted reproduction technology can be done by sperm sorting and Pre-Implantation Genetic Diagnosis (PGD) However, there were different regulations in many countries. This study aims to determine the regulation of sex selection with assisted reproductive technology in Indonesia and its comparison with other countries, namely the United Kingdom. This research was a normative study with a comparative and statue approach. Based on research, regulations regarding sex selection with assisted reproduction in Indonesia have been regulated in Government Regulation No. 61 of 2014 concerning Reproductive Health. Indonesia legalizes sex selection by assisting reproduction for second and subsequent children without differentiating the underlying medical and non-medical reasons. The sex selection method regulated in the regulation is the sperm sorting method, whereas, for the PGD method. It has not been regulated further, Indonesia does not yet have further regulations regarding the implementation of sex selection by assisting reproduction along with negative excesses that can occur. Whereas the UK legalizes the selection of sex by assisting reproduction for serious medical reasons and does not allow for non-medical reasons. The sex selection method regulated in the regulation is PGD. Organizing sex selection in the UK will be done after obtaining a license from the Human Fertilization and Embryology Authority (HFEA).]]>
<![CDATA[The Rights to Informed Consent to Mental Disorder Patient in The Action of Premedication Electro Convulsif Therapy (ECT) at Regional Mental Hospital of Dr. Amino Gondohutomo of Central Java Province ]]>
<![CDATA[Rahmiyati Rahmiyati]]>;
<![CDATA[Y. Trihoni Nalesti Dewi]]>;
<![CDATA[C. Tjahjono Kuntjoro]]>;
<![CDATA[PJ Soepratignja]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.1990
<![CDATA[Medical action approval or informed consent is a communication process between patients and doctors; starting from giving information to the patients about anything dealing with the disease besides the medical actions that would be performed. If the patients understand they will then decide on their agreement. Therefore, patients with mental disorders need the assistance of their closest family members to understand the medical actions to be performed and to signify the informed consent following the Minister of Health’s Regulation Nr. 290 of 2008 on Approval of Medical Action.Informed consent was also given to the patients of RSJD Dr. Amino Gondohutomo before conducting Premedication ECT following the Director’s Decree Nr. 445/231/2017 on ECT Service Policy at the Regional Mental Hospital Dr. Amino Gondohutomo, Central Java Province. The services included Premedication ECT (under anesthesia) and Non-Premedication ECT (without anesthesia). In accomplishing the rights to informed consent to the mental patients in premedication ECT action some obstacles had encouraged me to make a study on it.This study used a socio-legal approach that would discuss the relevant regulations and see their implementation. The data were gathered by interviewing Deputy Directors, Medical Committees, Nursing Department, Legal Affairs, psychiatric doctors, nurses, and patients’ families besides having a library and related documents studies. The data were then qualitatively analyzed before being described and presented in a narrative form.Based on the results of the study it could be concluded that the rights to informed consent to mental patients in premedication ECT action had not worked well because the patients’ families did not know any information regarding the side effects and complications even though they had signed. The informed consent did not guarantee that the patients’ families understood the information. In carrying out the job the doctors did not provide detailed information and did not re-evaluate the information that had been given before. The inhibiting factor the right to get informed consent was the fact that the doctors only gave informed consent once for several actions. The other inhibiting factors were difficulty to contact the patients’ families, distant access to the patients’ families, and homeless patients. ]]>
<![CDATA[Dimensions of Ethics and Telemedicine in Indonesia: Enough of Permenkes Number 20 Year 2019 As a Frame of Telemedicine Practices in Indonesia? ]]>
<![CDATA[Carolina Kuntardjo]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2606
<![CDATA[Telemedisin in Indonesia was known a few years ago but unfortunately did not make progress in its implementation. As technology developed during the Industrial Revolution 4.0 era, Indonesia returned to pay attention to the telemedicine system. One manifestation is the enactment of Minister of Health Regulation No. 20 of 2019 concerning the Implementation of Telemedicine Between Health Service Facilities. In the preamble of this Permenkes, it appears that the spirit of doing telemedicine is in order to bring health services closer and improve the quality of health services in health facilities in remote areas that prioritize patient interests and safety. Despite the fact that telemedicine currently available in Indonesia is more personal between doctors and patients. Of course, this can be considered to violate existing regulations, because there are no rules that frame them. In addition to the benefits derived from telemedicine because health services for remote areas are increasingly affordable and faster, there are still many obstacles in terms of ethics and law. In legal matters, the lack of rules that frame the implementation of telemedicine can jeopardize the position of doctors in the event of a medical dispute. In terms of ethics, there are still a number of things that are not in accordance with the principles of bioethics, namely beneficence, non-maleficence, autonomy, and justice. It is feared that the doctor-patient relationship will fade in telemedicine. The doctor's professional standard is also the case, because a doctor may not be able to conduct a direct examination of patients. There are still many obstacles in the implementation of telemedicine that this should be a challenge for the Indonesian government through the Ministry of Health to pay more attention and make clearer rules to frame the implementation of telemedicine in Indonesia. ]]>
<![CDATA[Juridical Analysis of Nurse Authority in Granting of Red Label Drugs in The Mandiri Nursing Practice ]]>
<![CDATA[Aris Prio Agus Santoso]]>;
<![CDATA[Tatina Siska Wardani]]>
<![CDATA[ SOEPRA Vol 6, No 1: Juni 2020 ]]>
Publisher : <![CDATA[Universitas Katolik Soegijapranata Semarang ]]>
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DOI: 10.24167/shk.v6i1.2603
<![CDATA[Article 30 paragraph (1) of Law No. 38/2014 letter j explains that nurses are authorized to administer drug administration to clients, but the facts on the field nurses are actually arrested by Police for providing pharmaceutical preparations for clients. This shows that there has been an imbalance between regulations and facts on the ground.The problem in this study is how the nurse's authority in the service of giving red label medicines in the practice of independent nursing and how the legal protection of nurses in the practice of independent nursingThis research method uses a normative juridical approach, with secondary data collection, to prove whether it is true that nurses are prohibited from giving red label drugs. The data obtained were analyzed qualitatively.Based on the results of the study found that nurses have the authority to administer all drugs including red labeled drugs except drugs that contain narcotics and psychotronics. Nurses can provide these drugs both in terms of limitations and not. In that case, nurses obtain preventive legal protection by carrying out their obligations as nurses and fulfilling the rights of patients and not committing unlawful acts.]]>
