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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 227 Documents

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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.

The Role of the Government of East Jakarta City in the Control of TB-HIV and the Fulfillment of the Right to Health Patricia Tanuwijaya; Endang Wahyati Yustina; Suwandi Sawadi
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

TB-HIV eradication is one of Indonesia’s government role implementation to ensure the rights to health for its citizens. Jakarta Timur is the area in DKI Jakarta that has the highest number of TB cases and the second-highest number of HIV cases. This research is held to understand the regulation regarding the government’s role in TB-HIV eradication, implementation of government’s role in TB-HIV eradication, and factors that influence the implementation of the government’s role in TB-HIV eradicationThe research was conducted in the Jakarta Timur area, throughout health care offices and institutions. This study used a sociological juridical approach with analytical descriptive specifications. The data used are primary data through interviews and observation, also secondary data through field and literature studies. The study used the purposive sampling method which includes TB-HIV patients and healthcare providers in health care facilities. The result of the study indicates that regulation regarding the Jakarta Timur government’s role in TB-HIV eradication has been created however separately, HIV regulation in Peraturan Daerah DKI Jakarta No. 5 Tahun 2008 and TB regulation in Peraturan Gubernur DKI Jakarta No. 28 Tahun 2018. Moreover, the collaborative regulation that has been created in the form of Surat Edaran Suku Dinas Kesehatan Kota Administrasi Jakarta Timur No. 50053/1.772.11, is not legally binding. Thus, the Government’s role in eradicating TB-HIV still encounters few factors that hinder its implementation thus the rights to health haven’t entirely fulfilled. Influencing factors are juridical, sociological, and technical factors. The juridical factors are the existence of regulation in TB-HIV eradication, however separately and the lack of legal binding in Surat Edaran to regulate TB-HIV eradication. The sociological factors are lack of patients’ medication compliance, healthcare provider’s stigma and violation of medical confidentiality. The technical factors are the TB-HIV collaboration team that hasn’t been arranged in health care facilities, overlap in TB-HIV reporting mechanism, availability of medication and funding that rely on donor’s contribution.

Patient Rights Protection of tuberculosis (TB) Human Immunodeficiency Virus (HIV) on integrated Health Services National Health insurance in Semarang Florentina Novitasia; Endang Wahyati Yustina; Suwandi Sawadi
SOEPRA Vol 5, No 2: Desember 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Everyone has the right to JKN integrated health care including TB-HIV patients. This study aims to determine the regulation of the right to health care in TB-HIV patients, the implementation of protection of the rights to health care in TB-HIV patients and the factors that influence the implementation of protection of the rights to health care in TB-HIV patients. The research was conducted in Semarang City, throughout health care offices and health care institutions, as follows, the BPJS Office in Semarang City Branch, Semarang City Health Office, Kariadi Hospital, KMRT Wongsonegoro Hospital, Panti Wilasa Dr.Cipto Hospital, Lebdosari Health Center, Halmahera Health Center, Private Practice (DPM), NGO Peduli Kasih, NGO Aisyah and the AIDS Commission (KPA).This study used a sociological juridical approach with analytical descriptive specifications. The data used are primary data and secondary data through field studies and literature studies. The study used the purposive sampling /non-random sampling method. This study chose a population that includes TB-HIV patients in health care facilities in the city of Semarang. The method of presenting data is done in narrative form, tables, and charts. In this sociological approach study, whose data mainly is in narrative descriptions, the data analysis used is qualitative.The result of the study indicates that the regulation regarding health care services for TB-HIV patients has already existed for both in general and specifically. Protection of rights to JKN integrated health service for TB-HIV patients has been obtained. It can also be seen that the right to obtain the health services has been regulated and implemented however, the implementation of the right to health insurance for TB-HIV patients has not been regulated in legislation. Factors that influence are juridical, sociological and technical factors. The juridical factors that influence are the existence of regulations regarding TB and HIV however separately. Sociological factors that influence are the presence of stigma in the family, community and health workers. Furthermore, the technical factors are the absence of socialization to health workers regarding regulations and technical manuals related to TB-HIV.

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 Chori Diah Astuti; Suherman Suherman; Arrisman Arrisman
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

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.

Implementation of Puskesmas Accreditation and Protection of Patient Rights in Health Services at Puskesmas Rembang Regency Intaningtyas Subawati; Endang Wahyati; C Tjahyono Koentjoro
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

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.

Ethical and Legal Issues in the Use of Online-Based Health Services (E-Health) Fitriani Nur Damayanti; Absori Absori; Kelik Wardiono; Sri Rejeki
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

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).

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) Rezka Zahra Humaira; I. Edward Kurnia; Valentinus Suroto
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

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.

Elaboration of Libertarianism takes the view of humanity in the dual profession law Gregorius Yoga Panji Asmara; Yovita Arie Mangesti
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

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.

Protection of the Right to Elderly Health Insurance at the Semarang City Nursing Home Lina Purnamasari; Y. Budi Sarwo; Daniel Budi Wibowo
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

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.

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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

Phone
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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