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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 227 Documents

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The Fulfillment of Protection Rights of The Children Suffering From HIV /AIDS Disease at Semarang City Azharistya Rahmawati; Agnes Widanti S; Suwandi Sawandi
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

HIV/AIDS is one of health issues that was sensitive to talk about. It related to the unique nature of the disease. HIV/AIDS case factually appeared as an iceberg phenomenon but, in addition, it brought stigma and discrimination that were experienced by the sufferers as well as their families. The number of HIV/AIDS cases, as a matter of fact, increased every year. Although the reported number of HIV/AIDS cases of children were lower than of adults the children, anyhow, were very vulnerable to HIV/AIDS.The objectives of this research was to recognize and describe: 1. the regulations that guarantee rights protection of the children suffering from HIV/AIDS disease at Semarang City, 2. rights fulfillment of the children suffering from HIV/AIDS at Semarang City, 3. Supporting and obstructing factors influencing rights fulfillment of the children suffering from HIV/AIDS disease at Semarang City.This research applied socio-legal aproach and used analytical-descriptive specification. While The data were gathered by having interviews and observation beside library studies. The informants or data resources of this researach consisted of four children suffering HIV/AIDS and/or their guardians.The results of this research showed that there had been some legislations which mandated the guarantee of the children's rights protection. The articles of the legislations, ranging from the Constitution of 1945 to the Acts dealing with children's rights protection, had supported and strengthened each other. However, there were indeed no regulations or specific guarantee program provided to the children suffering from HIV/AIDS. Actually the rights fulfillment of the children suffering from HIV/AIDS was factually accomplsihed but it had not been optimal. The supporting factors in efforts of fulfilling the children’s rights were the the fact that there were programs of counseling and socialization of HIV/AIDS and anti-discrimination. The obstructing factor, on the other side, dealt with the budget for HIV/AIDS prevention programs that remained minimal and could not reach the whole area of Semarang City.

Legal Protection to General Practitioners Towards Authority Delegation of Medical Services Given by Medical Specialists in Emergency Unit of “Mitra Keluarga” Hospital Tegal Yanuar Arien Pradana; Tjahjono Koentjoro; Yovita Indrayati
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Legal protection provided support and certainty for practitioners or doctors in carrying out their jobs according to service standard, competence and authority. However, the general practitioners who were on duty in the emergency units (ERs), in performing emergency services, we are often instructed by a medical specialist through telephone talk to perform medical actions as needed by the patients. The authority delegation, from a medical specialist to a general practitioner, could factually be full of potential errors whereas there had not been any legislation regulating such authority delegation. Therefore, it would possibly raise ethical and legal accountability matters for the general practitioners caused by the authority transfer between the physicians.This legal research was qualitative research applying analytic descriptive and socio-legal studies approaches, so the discussion covered legal aspects beside social aspects about authority delegation between the two types of practitioners or doctors at ER. The data gathered were both primary and secondary data by involving general practitioners working at the ER of “Mitra Keluarga” Hospital and medical specialists of the same hospital. Besides, the data were also got from the Hospital Director and the Chairman of the Medical Committee.There was no legislation regulating authority delegation of medical specialists to general practitioners so that the internal rules of “Mitra Keluarga” hospital did not regulate such authority delegation. Likewise, legal protection to general practitioners of the ER of “Mitra Keluarga” hospital had not been regulated in detail within the internal rules of “Mitra Keluarga” hospital. However, such legal protection could be attributed to all policies issued by the hospital, such as labour and operational standards applicated in the hospital. The authority delegation from a medical specialist to a general practitioner working at the emergency unit could be matched by authorization as applicable in civil law. Ethically and legally, any medical practice had an inherently legal liability to ensure the patient’s safety.

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.

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

Location Kota semarang, Jawa tengah INDONESIA

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Contact Name
Endang Wahyati

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endang_wahyati@yahoo.com

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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