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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The Role of Informed Consent Against Doctor's Legal Protection in Health Services
Kasiman, Kasiman;
Azhari, Aidul Fitricia;
Rizka, Rizka
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.8715
The urgency of Informed Consent is really needed by doctors to be used as a sign of approval for medical action that has the potential for medical disputes or is a legal protection for medical officers who carry out actions. The purpose of this study was to analyze informed consent for the legal protection of doctors in health services. Using a normative juridical method with a statute approach, namely examining all laws and regulations related to the issues to be discussed. The results of the analysis show that absolute informed consent can be a guarantee of a sense of security for both doctors and workers who carry out the health care profession as well as protection for patients so that patients understand the condition of the disease experienced by patients and understand the medical actions that will be carried out so as to avoid malpractice activities.
The Role of the Midwife in Fulfilling the Reproductive Rights of Adolescents at the Dlingo 1 Health Center, Bantul
Lestari, Reni Tri;
Fitriana, Yuni
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.10028
Midwives play an important role in providing adolescent reproductive rights. The role of midwives in reproductive health services is contained in Regulation of the Minister of Health Number 28 of 2017 concerning Permits and Implementation of Midwife Practices. Based on the law of the Republic of Indonesia number 35 of 2014 and the regulation of the Minister of Health number 25 of 2014, teenagers are those aged 10-24 years old and are not married. Based on the biological condition of adolescents, the minimum age for marriage is 21 years for women and 25 years for men. At this age, the reproductive organs have reached maturity and reproductive. Early marriage has the risk of increasing the Maternal Mortality Rate (MMR) and in certain cases causing Low Birth Weight (LBW). Dlingo District in Bantul Regency had the highest early marriage rate. Early marriages in Dlingo are dominated by couples aged 13-14 years. This study aims to identify and analyze the role of midwives in fulfilling adolescent reproductive health rights. This is a sociological juridical research that discusses the juridical and social aspects surrounding certain legal phenomena of empirical juridical. This is an analytical descriptive research that presents observational data without testing hypotheses.The results showed that midwives have not played a maximum role in fulfilling adolescent reproductive rights. It was caused by juridical factors and health worker factors, especially midwives.
Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
Sutedja, Ade Armada;
Purwoko, A. Joko;
Sumarwanto, Edi
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.5288
Medical dispute resolution efforts are the implementation of legal protection for medical personnel. A medical worker who is affected by a medical dispute can enter into the realm of civil (court), criminal (police), professional ethics (MKEK), professional discipline (MKDKI) together. Whereas in carrying out the activities of the medical profession, a doctor has the right to personal protection, honor, dignity, and is entitled to a sense of security and protection from the threat of fear to do or not do something which is a human right guaranteed by the Constitution. By using the normative juridical method of this paper, legal protection for medical personnel in the resolution of medical disputes is seen from the current legal certainty. Medical crimes and the protection of medical personnel have been regulated in the Criminal Code, Law No. 29 of 2004 on Medical Practice, Law No. 36 of 2009 on Health and Law No. 44 of 2009 on Hospitals. Settlement of medical criminal disputes can be through litigation and non-litigation, but there is an empty space in the legal protection of medical criminal disputes because there are no laws and regulations that regulate it even though it has been carried out, namely by penal mediation.
Legality of Electronic Medical Records (RME) in Hospital Management Information System Readiness based on Minister of Health Regulation Number 24 of 2022 concerning Medical Records
Ulfa, Nadiya;
Yuspin, Wardah
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.6122
Information and communication technology has developed very rapidly in various sectors including the health sector, one of which is the electronic medical record (ERME). Electronic medical records have been used in various hospitals in the world as a substitute or complement to health records in paper form. In Indonesia, improvements to rme management have begun to be implemented in several hospitals or health centers. Such is the complexity of the challenges for the implementation of the RME, it is necessary to carry out a readiness assessment prior to the implementation of the RME. Management is not always able to accept challenges and manage effectively and critically in order to make changes to information systems and new technologies. In the end, the new electronic information technology is expected to increase privacy and confidentiality. In the regulation of the Minister of Health of the Republic of Indonesia number 24 of 2022 includes: ownership and contents of electronic medical records; security and protection of electronic medical record data including the confidentiality of the contents of the electronic medical record, waiver of the rights to the contents of the electronic medical record and the storage period of the electronic medical record.
Juridical Analysis of Hospital Liability for Actions of Doctors Performing Medical Malpractice
Budiman, Arief;
Rizka, Rizka;
Absori, Absori
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.10061
Legally the Hospital has responsibility for the negligence committed by its health workers. The responsibility for criminal acts of malpractice is currently in the spotlight because the legal rules governing it are still unclear. This is because the regulations regarding the qualifications for malpractice are not clearly stated in the legal rules. The purpose of this research is to analyze the responsibility of the hospital for the actions of doctors who commit malpractice. Using a normative juridical method with a statute approach, namely examining all laws and regulations related to the issues to be discussed. The results of the analysis show that based on Law No. 44 of 2009 concerning Hospitals, hospitals have a responsibility if their medical members are proven to have committed negligence. Until now, Indonesia does not have a law that implicitly regulates medical malpractice.
Regulations for Organizing Immunizations in Indonesia
Wahab, Sabda;
Idrus, Irman;
Muliana, Hilda;
Azzahra, Nia
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.5938
Immunization is an effort to increase a person's immunity through the administration of antigens to prevent certain diseases which are packaged in the form of programs organized by the Government in the implementation of preventive health efforts. In 2021, during the time when the Covid-19 pandemic hit Indonesia, only 79.6% of children in Indonesia received complete basic immunization. The government implements the immunization program through the Ministry of Health. Based on the implementation, there are several types of immunization, namely routine immunization and follow-up immunization. This study uses an analytic descriptive research method with a normative juridical research approach. The results of the study are: 1) Immunization in Indonesia is carried out based on the provisions of the 1945 Constitution of the Republic of Indonesia, the Law of the Republic of Indonesia Number 36 of 2009 concerning Health and the Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 Concerning Child Protection. 2) Implementation of immunization in Indonesia is regulated by Regulation of the Minister of Health Number 12 of 2017 concerning Implementation of Immunization which includes types of immunization, implementation of immunization programs, implementation of selected immunizations, monitoring and prevention of kipi (adverse events after immunization), research and development, community participation, recording and reporting and guidance and supervision aimed at maintaining the health of children so that they can be physically, mentally and spiritually healthy, as well as efforts to fulfill children's social rights to live free from infectious diseases and create a prosperous future for children, with the aim of fulfilling the provision of happiness that is as large as - as much as possible to as many people
Medical Assessment Role in Addiction Case Verdict
Anisa, Nurul;
Yuspin, Wardah
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.6318
The prevalence of drug abuse cases is increasing day by day. This is accompanied by the high number of cases of drug crime. In handling drug-related cases, a medical assessment is required from a psychiatrist or a doctor authorized to provide an assessment. This article uses a research method in the form of a literature study. From this literature study it was found that medical assessment can play a role in the judicial process, protect suspects and the environment, and can play a role in improving drug handling. In Indonesia, sanctions for narcotics cases have a two-way system, namely criminal sanctions and operational sanctions. Criminal sanctions are used to prevent abuse and illicit traffic of Narcotics and Narcotics or their ingredients and rehabilitation is a form of action-consequence of drug abuse. Based on the law, judges can decide or order drug addicts to undergo treatment and/or treatment. Through an integrated assessment, which involves the medical team and the legal team. Judgments are viewed from a legal and medical point of view, so that more and more decisions are starting to include not only criminal decisions, but are also accompanied by medical rehabilitation decisions for drug users.
Occupational Health and Safety Program in Efforts to Fulfill Nurses' Rights in Isolation Rooms During The Covid-19 Pandemic (Case Study at Charitas Hospital Palembang)
Rusli, Noer Triyanto;
Dewi, Trihoni Nalesti;
Hartini, MC Inge
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.5192
The hospital as a health service institution for the community is a place of work that has a high risk of safety and health. The fulfillment of the right to Occupational Safety and Health for health workers is very necessary, because health workers are of course vulnerable to occupational safety and health hazards. Charitas Hospital as one of the COVID-19 referral hospitals in Palembang City has a very high potential danger of COVID-19 transmissionThis study aims to find out how the regulation of Charitas Hospital can guarantee the fulfillment of Occupational Health and Safety rights. The approach method used in this research is the sociological juridical method.Based on the Legislation which discusses Human Rights, Employment, and Health there are no regulations that overlap, redundant, or there is a void in the legislation governing the rights of Occupational Safety and Health of nurses in Isolation Rooms during a pandemic. COVID-19. In the event of a vacancy in laws and regulations due to the COVID-19 pandemic, the Government may issue policy regulations (beleidsregel) such as Presidential Instructions, Circulars, Guidelines, Technical Standards, and Protocols and Charitas Hospital Palembang to make internal policies (SOPs, Instructions for Technical, Technical Standards) and adding Nursing Staff Bylaws related to handling arrangements during a pandemic so that the Hospital is ready if at any time a similar incident occurs.
The Role of Pharmacists in Fulfilling Patient Rights in Obtaining Drug Services based on Permenkes Number 31 of 2016 concerning Amendments to Permenkes Number 889/Menkes/Per/V/2011 concerning Registration, Practice Permits, and Work Permits for Pharmacists
Chasanah, Khuswatun;
Yustina, Endang Wahyati;
Prabowo, Agus
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.5793
Pharmaceutical services are a form of service and the direct responsibility of pharmacists in pharmaceutical work. Pharmacists providing drug services have the knowledge and competence so that the patient's rights can be fulfilled. Researchers want to get an overview of the role of pharmacists in fulfilling patients' rights to obtain drug services based on Permenkes number 31 of 2016.This research uses qualitative methods with a sociological juridical approach. This research is analytical descriptive research conducted by taking samples in the Banyumas area. The sampling method uses a purposive sampling method. The research used a library field study data collection method. The data collected was analyzed qualitatively by laws and regulations.The legal basis for regulation regarding the role of pharmacists in fulfilling patient rights in obtaining drug services is contained in the 1945 Constitution, the Health Law, the Health Personnel Law, and PP concerning Pharmaceutical Work. The form of regulation is outlined in the Government Regulation concerning pharmaceutical service standards in pharmacies, the Minister of Health concerning amendments to the Minister of Health concerning registration, practice permits, and work permits for pharmacists. The implementation of the pharmacist's role in fulfilling patient rights in obtaining drug services in Banyumas Regency is by statutory provisions. Patients receiving drugs are given drug information regarding the rules for using and using drugs carried out by pharmacists. The purpose of implementing the pharmacist's role itself is to increase patient adherence to drug use.
Implementation of the Duties and Authorities of the Community Health Center in Managing Medical Waste as a Form of Environmental Health Protection (Case Study at the Wonosalam 2 Health Center, Demak)
Jannah, Raudhotul;
Nurmardiansyah, Eko;
Sulistyanto, Hadi
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang
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DOI: 10.24167/sjhk.v9i1.10084
Health is one of the human rights, the fulfillment of which is the responsibility of the government in every country, Puskesmas is the agency that organizes government affairs in the health sector in the sub-district. The author chose the Wonosalam 2 Demak Health Center as the object of this research.This study aimed to determine the duties and authorities of the Wonosalam 2 Demak Health Center in managing medical waste as a form of environmental health protection and to determine the extent of the obstacles to the medical waste management process. The research method uses a sociological juridical approach by discussing its juridical aspects as well as discussing social aspects which cover certain legal phenomena with the main data collection method being primary data, namely through observation, interviews, distribution of questionnaires and surveys as well as supporting data is secondary data taken from the study. References. Methods of data analysis using qualitative normative analysis.The obstacle factor that became an obstacle to the management of medical waste at the Wonosalam 2 Demak Health Center was the absence of internal SOP work instructions so the management of medical B3 waste had not been carried out systematically from start to finish. Lack of medical waste management knowledge from health workers or medical personnel as well as competence from environmental sanitation who are not yet certified will become obstacles to proper medical waste management.