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INDONESIA
SOEPRA Jurnal Hukum Kesehatan
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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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.6122

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.10061

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.5938

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.6318

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.5192

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.5793

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.10084

Abstract

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.
Fulfillment of the Right to Health Through Screening for Reproductive Tract Infection Diseases (Prevention of Transmission from Mother to Child at the Pati District Health Center) Rachmawati, Intan; Dewi, Yustina Trihoni Nalesti; Hartanto, Hartanto
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.5763

Abstract

Health services for pregnant and maternity women should pay attention to human rights. this study aims to find out the human rights rules that guarantee health rights of pregnant women and children, the regulations for screening reproductive tract infections (RTI) in pregnant women at pati regency’s health centers, and the suitability of rti screening implementation with human rights regulations.This Research Uses Juridical-Sociological Approach. The Specification Of Research Is Explanative. The independent variables in this study were all laws and regulations related to health rights, while the dependent variable was implementation of RTI screening for pregnant women at the pati regency’s health center. Data in this study came from primary data in the form of interviews and secondary data in the form of laws and regulations. The data was analyzed by qualitative approach to primary and secondary data.The human rights regulations that guarantee health rights of pregnant women and children are in article 28 paragraph (1) of the 1945 constitution, article 9 of law number 39 of 1999, and article 10 of law number 36 of 2009. Implementation of RTI screening for pregnant women in pati regency’s health center is regulated in central java provincial regulation number 5 of 2009 and pati regency regional regulation number 129 of 2018. Suitability of rti screening implementation with human rights refers to article 19 of law number 36 of 2009. Implementation of screening for pregnant women is guaranteed in article 13 paragraph 7 letter h. Regulation of the minister of health number 21 of 2021.
Juridical Study of the Work Relations Between Doctors and Hospitals in the Implementation of Health Services Maya, Felicia; Sarwo, Budi; Wibowo, Daniel Budi
Soepra Jurnal Hukum Kesehatan Vol 9, No 1: Juni 2023
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i1.5360

Abstract

In principle, laws and regulations have regulated the working relationship between doctors and hospitals in the implementation of health services, but in the field it is often found that there are many models of legal relations between doctors in hospitals which, when examined more deeply, are found to be incompatible with existing legislation. In addition, the doctor's relationship with the hospital which is not stated in a clear agreement and legal relationship, often creates disagreements between hospital management and doctors, especially when there are demands for compensation or other responsibilities demanded by third parties for the services of doctors at home. sick. This study raises issues that are also the purpose of writing, namely the legal basis for the occurrence of work agreements and the implementation of legal relationships that occur between doctors and hospitals as well as patterns of effective legal responsibility for doctors in hospitals. This research includes empirical legal research that is descriptive analytical using primary and secondary data types. The analysis is carried out by connecting relevant theories, namely applicable laws and regulations, hospital legal theories and positive law enforcement practices related to the problems in the research. From the results of the study, it was concluded that the working relationship between doctors and hospitals was bound in a work agreement which contained the legal responsibilities of each party.
A Legal Perspective on The Transformation of Health Services with Artificial Intelligence Siregar, Rospita Adelina
Soepra Jurnal Hukum Kesehatan Vol 9, No 2: Desember 2023, Terakreditasi Nasional Peringkat 3
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/sjhk.v9i2.11270

Abstract

Artificial Intelligence (AI) in medical services is expected to have a significant impact on the world of medicine. The research, which is a literature review, data collection, observation, analysis, is finally presented descriptively as a normative juridical study. The potential for AI to contribute the diagnostic process and even replacing the role of doctors is growing. Currently the use of AI has been utilized in medicine (registration, medical records, images, treatment, telemedicine, outbreak) and health resources.AI as an electronic agent operator is recognized as having a legal position, seen from Law number 19 of 2016 concerning electronic information and transactions (ITE Law) and PP 71/2019 concerning the implementation of electronic systems and transactions, regulating the limits of obligations and responsibilities of Electronic Agent organizers. In a trade context, hospitals are "intermediary traders" here a "last moving" agreement or "instruction agreement" applies. Then providing services automatically refers to article 1 of the ITE Law, if a dispute occurs then legal responsibility is borne by the electronic system operator providing AI services. Settlement refers to Article 38 and Article 39 of the ITE Law through court (Claass action and Civil Lawsuit) or non-litigation settlement.Abstrak: Kecerdasan Buatan (AI) dalam pelayanan medis diharapkan dapat memberikan dampak yang signifikan terhadap dunia kedokteran. Penelitian yang berupa tinjauan pustaka, pengumpulan data, observasi, analisis, akhirnya disajikan secara deskriptif sebagai penelitian yuridis normatif. Potensi AI untuk berkontribusi dalam proses diagnostik dan bahkan menggantikan peran dokter semakin besar. Saat ini pemanfaatan AI telah dimanfaatkan dalam bidang kedokteran (registrasi, rekam medis, pencitraan, pengobatan, telemedicine, wabah) dan sumber daya kesehatan. AI sebagai penyelenggara agen elektronik diakui mempunyai kedudukan hukum, dilihat dari Undang-undang nomor 19 tahun 2016 tentang informasi dan transaksi elektronik (UU ITE) dan PP 71/2019 tentang penyelenggaraan sistem dan transaksi elektronik, mengatur batasan kewajiban dan tanggung jawab penyelenggara Agen Elektronik. Dalam konteks perdagangan, rumah sakit adalah “pedagang perantara” di sini berlaku perjanjian “perjanjian perpindahan terakhir” atau “perjanjian instruksi”. Kemudian pemberian layanan secara otomatis mengacu pada pasal 1 UU ITE, apabila terjadi perselisihan maka tanggung jawab hukum ditanggung oleh penyelenggara sistem elektronik penyedia layanan AI. Penyelesaiannya mengacu pada Pasal 38 dan Pasal 39 UU ITE melalui pengadilan (gugatan kelompok dan Gugatan Perdata) atau penyelesaian non-litigasi.

Page 18 of 23 | Total Record : 227

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