Jurnal Hukum dan Etika Kesehatan (JHEK)
Jurnal Hukum dan Etika Kesehatan adalah jurnal hukum open-access-peer-reviewed yang berafiliasi dengan Magister Hukum Universitas Hang Tuah dan diterbitkan oleh Universitas Hang Tuah. Jurnal ini bertujuan untuk menjadi wadah bagi para sarjana dan praktisi hukum untuk menyumbangkan gagasan-gagasannya yang dihasilkan dari penelitian hukum dan etika kesehatan serta artikel-artikel konseptual untuk disebarluaskan kepada publik untuk perkembangan hukum Indonesia. Itu diterbitkan dua kali setahun pada bulan Maret dan September. Ruang lingkup pasal-pasal tersebut menyangkut masalah hukum dan etika kesehatan yang meliputi Hukum Kesehatan, Hukum Maritim, Hukum Internasional, Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Tata Usaha, Hukum Kesehatan Masyarakat, dan Yurisprudensi.
Articles
48 Documents
<![CDATA[Odontologi Forensik Sebagai Metode Identifikasi dan Alat Bukti di Pengadilan ]]>
<![CDATA[Ramadhani, Ginanda Mutiara]]>;
<![CDATA[Adriano]]>;
<![CDATA[Chomariyah]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 3 NO 2 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v3i2.127
<![CDATA[Disasters that have occurred in recent years have resulted in many deaths. Health Law No. 36 of 2009 gives the government and the general public authority for identifying bodies. DNA, fingerprinting, and odontology procedures provide the highest levels of individual validity among victim identification approaches. Odontological identity in medical records, primarily through odontograms, can offer a new perspective as a reference in making forensic reports as evidence in legal proceedings. This research is normative juridical research with three approach methods used, namely the statutory approach, conceptual approach, and comparative approach. The new Health Law supports the Minister of Health's regulation and states that health service units must digitize medical records and promote interoperability in medical record history. This aims to provide antemortem data needed for forensic odontology methods if a crime or accident occurs to an individual. Forensic odontology is a very effective method for identifying victims; speed and accuracy are essential in proving the victim's identity and become one of the most vital pieces of evidence in court based on the Criminal Procedure Code, which applies as one of the references for making a post mortem et repertum at the request of an authorized forensic doctor.]]>
<![CDATA[Presumed Consent Atas Tindakan Medis Berisiko Tinggi Pada Kegawatdaruratan : Perspektif Undang-Undang Nomor 17 Tahun 2023 ]]>
<![CDATA[Baroto SP, AK Wisnu]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 3 NO 2 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v3i2.131
<![CDATA[Patients are required to provide informed consent before undergoing medical procedures in normal situations, but this does not apply in emergency situations, where presumed consent is used instead. Doctors often face situations that require high-risk medical interventions for emergency patients. The concept of presumed consent for such actions is not recognized under Law Number 17 of 2023 concerning Health. The purpose of this study is to analyze the role of presumed consent in the perspective of this law regarding high-risk medical interventions in emergency cases. This research adopts a normative juridical approach, specifically legal literature research, utilizing legislative and conceptual approaches. The analysis results indicate that presumed consent for high-risk medical interventions in emergency situations is not clearly regulated in Law Number 17 of 2023. However, doctors can still rely on other articles in this law, including Article 293 paragraph (10) emphasizing the best interests of the patient, Article 275 paragraph (1) mandating doctors to provide assistance in emergency cases, and Article 273 paragraph (1) providing legal protection to doctors who act in accordance with standards. Additionally, Article 275 paragraph (1) also exempts doctors from liability in emergency cases, providing legal security for doctors to act swiftly to save lives without hesitation.]]>
<![CDATA[Penyelenggaraan Layanan Terapi Sel Punca Di Indonesia Ditinjau Dari Perspektif Bioetika ]]>
<![CDATA[Erawati, Lusy]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 4 NO 1 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v4i1.132
<![CDATA[Degenerative diseases are currently the biggest cause of death in the world. Stem cells which have the ability to regenerate cells are the latest breakthrough for therapy of this disease. Stem cells use cells that come from humans, so they are fraught with ethical issues. Bioethics is a science that evaluates moral actions or the application of ethics based on scientific analysis of biology, medicine and technology for the maintenance of human health. The aim of this research is to analyze the implementation of stem cell therapy services in Indonesia from a bioethical perspective. The research methods used are normative juridical and statutory approaches, as well as conceptual approaches. The results of this research are that the provision of stem cell therapy services in Indonesia should follow ethical principles: it can only be done if it is proven to be safe, it is prohibited for reproductive purposes, it cannot come from embryonic cells, it must be sourced from humans, it cannot be bought and sold, and it is carried out by qualified medical personnel. competent. The obstacle to providing stem cell services in Indonesia is that the facilities, human resources and government regulations are not yet complete, so that many uses of stem cells are not in accordance with ethical issues and applicable regulations.]]>
<![CDATA[Euthanasia Ditinjau dari Aspek Medis, Bioetik, dan Hukum ]]>
<![CDATA[I Gede Eka Agung Agastya Punia]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 4 NO 1 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v4i1.135
<![CDATA[Euthanasia is the application or cessation of procedures that allow the acceleration or triggering of the death of patients whose illness cannot be cured, in order to free them from the extraordinary suffering that torments the patient. types of euthanasia can be divided into 2 types. They are active euthanasia and passive euthanasia. Active euthanasia is an event where a doctor or other health professional intentionally performs an act to end the life of a patient. Passive euthanasia means stopping or withdrawing any action or treatment needed to maintain the continuity of human life. This research is a normative research using conceptual and statutory approaches. The results of the research found that in the medical aspect it was found that drugs are used in active euthanasia and pseudoeuthanasia is a practice that resembles passive euthanasia. Based on the Bioethical aspect, Autonomy and Justice play an important role in euthanasia decision making and on the legal aspect. Until now there is no Indonesian law that regulates the "right to die". The closest article for active euthanasia cases is article 344 of the Criminal Code and Law No. 17 of 2023 on Health can be the basis for passive euthanasia cases in Indonesia.]]>
<![CDATA[Diskrepansi Pembayaran BPJS Kesehatan Terhadap Klaim Pelayanan IGD Berdasarkan PERMENKES Nomor 27 Tahun 2014 ]]>
<![CDATA[Johan, Willy]]>;
<![CDATA[Yuyut Prayuti]]>;
<![CDATA[Arman Lany]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 4 NO 1 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v4i1.172
<![CDATA[In realizing Universal Health Coverage (UHC), Indonesian government has launched a national health insurance program (JKN) organized by the Health Social Security Administering Agency (BPJS) starting from January 01, 2014. The policy of determining outpatient episodes for patients in the emergency department (ED) who receive treatment for less than 6 hours raises problems related to claims for services provided by service providers. Hospitals are required to provide health services in emergency situations to save lives and prevent disabilities, while also having profit objectives. This research aims to describe the output and impact in relation to the regulations. The research uses normative legal research methods with statute approach, conceptual approach and a non-judicial case study approach, presenting several cases related to discrepancies between ER services provided and claims paid, especially for patients who die in the ER within 6 hours, which is suspected to cause hospitals to be selective in handling emergency patients. The Minister of Health Regulation No. 27 of 2014 regarding INA-CBG creates dilemmas and challenges for hospitals in providing optimal services for emergency cases in the ER.]]>
<![CDATA[Etika dan Tantangan Penggunaan Kecerdasan Buatan dalam Kedokteran Gigi ]]>
<![CDATA[Fauziah, Yessy Andriani]]>;
<![CDATA[Alhadad, Husin]]>;
<![CDATA[Prawira Utama, Yudhistira]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 4 NO 2 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v4i2.200
<![CDATA[The integration of artificial intelligence (AI) in dentistry has brought significant advancements in diagnosis, treatment planning, and improving healthcare services. However, the rapid adoption of AI raises ethical challenges, such as data privacy, clinical decision-making processes, and the potential reduction in human interaction. This study aims to analyze the ethical implications and legal challenges associated with the use of AI in dental practice. The method used is normative legal research based on literature, focusing on relevant regulations and legal concepts. This review highlights key issues such as informed consent, transparency in decision-making, and the role of dentists as overseers of AI technology. Additionally, the urgent need for a legal framework ensuring the ethical use of AI is discussed, to ensure that this technology enhances care without compromising standards. While AI has the potential to improve diagnostic accuracy and operational efficiency, dentists must ensure a balance between innovation and ethical obligations, emphasizing the importance of sustained ethical guidelines.]]>
<![CDATA[Ratio Legis Pengaturan Surat Tanda Registrasi Seumur Hidup Bagi Tenaga Medis ]]>
<![CDATA[Sekararum, Marissa]]>;
<![CDATA[Huda, Mokhammad Khoirul]]>;
<![CDATA[Pramono, Budi]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 4 NO 2 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v4i2.232
<![CDATA[Health is human right and one of the factor of prosperity of country. Doctor and dentist are medical practitioner. Medical practitioner performing medical practice to patient in carrying people’s health. In carrying out medical practice, medical practitioner require a registration certificate. registration certificate valid in five years and must be renewed every five years. The enactment of Law Number 17 of 2023 about Health regulates that registration certificate is permanent. This research aimed to review and determine ratio legis of regulation for permanent registration certificate and the supervision of medical practitioner after permanent registration certificate. The method in this research is a juridical normative research using historical approach, comprataive approach, statue approach, and conceptual approach. The result of this research is permanent registration certificate has positive impact on medical practitioner cause decrease administrative charge and shorter the process. Supervision of medical practice is carried out by the Indonesian Medical Council, government, and organizations. In Law Number 17 of 2023 on health, supervision of medical practice is carried out by the Indonesian Health Council. Keywords : Ratio Legis; Registration Certificate; Medical Practitioner; Supervision.]]>
<![CDATA[Perlindungan Hukum Pasien CoAss di Rumah Sakit Gigi dan Mulut Pendidikan ]]>
<![CDATA[Kurniawan, Hansen]]>;
<![CDATA[Chomariyah]]>;
<![CDATA[Nugraheni, Ninis]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 4 NO 2 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v4i2.234
<![CDATA[The public always asks whether the rights obtained by patients while being treated by dentists compared to CoAss dentists are the same and whether they get legal protection while being treated by CoAss dentists. This research aims to discuss the legal protection of patients who are treated by CoAss dentists at the Dental Education Hospital. The method used in this study is a normative legal methodology and descriptive analytical with an approach to Law no. 17 of 2023 concerning Health (Health Law). The results of the study show that patients have the right to fulfill their rights, including obtaining complete information, consent to medical actions, confidentiality, and legal protection from negligent acts regulated in the Health Law and PP 28 of 2024 concerning implementing regulations for the Health Law.. patient rights and legal responsibilities towards CoAss operating under the supervision of senior doctors/DPJP can be fulfilled. The findings show that even though CoAss doesn’t yet have a practice permit, patient rights at RSGMP are still fulfilled, with procedures that prioritize patient safety. This article emphasizes the importance of strict supervision from institutions,clear regulations regarding patient rights, and the need for a complaint mechanism to improve the quality of medical services.]]>
<![CDATA[Mediasi Sebagai Asas Primum Remidium Dalam Penyelesaian Sengketa Pelayanan Kesehatan Berbasis Keadilan Proporsional ]]>
<![CDATA[Nugroho, Hari Pudjo]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v5i1.235
<![CDATA[Since the enactment of Law 17/2023, it has opened a new paradigm and confirmed how the mandate for resolving disputes in the health sector is carried out, which places alternative dispute resolution as the main and first thing before other legal remedies are used by the parties to the dispute. As an a contrario logic in the application of criminal law as the ultimum remidium principle, dispute resolution outside of court for dispute cases as regulated in Article 310 of Law 17/2023 is an application of the primum remidium principle. The concept of Primum Remidium as a legal order in resolving disputes resulting from health services in Law 17/2023 and mediation being the main choice in resolving disputes resulting from health services in a just manner is an important thing. The research method used is normative legal research based on a statute approach and a conceptual approach. The result is this approach to resolving criminal allegations of doctors in providing health services through restorative justice is a primum remidium step to return the function of criminal law to its track, namely as an ultimum remidium function and as a last resort weapon when other legal remedies cannot be used as a deterrent effect for a doctor. In the settlement process by means of deliberation to reach consensus, justice is created by the parties. The discussion of fairness in resolving medical disputes through mediation is based on balance and proportion. In this case the parties will take their respective proportions, justice is created through their own agreement. Starting from this idea of justice, the parties to the dispute use their own criteria for justice.]]>
<![CDATA[Analisis Hukum Atas Kecurangan (Fraud) Rumah Sakit Dalam Penyelenggaraan Jaminan Kesehatan Nasional ]]>
<![CDATA[Wicaksono, Emirza Nur]]>;
<![CDATA[Khasanah, Dian Ratu Ayu Uswatun]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 1 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum - Universitas Hang Tuah ]]>
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DOI: 10.30649/jhek.v5i1.243
<![CDATA[Law enforcement against fraud committed by hospitals in the implementation of the National Health Insurance (JKN) program is a crucial aspect in maintaining the integrity of the healthcare system in Indonesia. This study aims to analyze the legal framework governing hospital fraud and to assess the effectiveness of its implementation in practice. The research method used is normative with a statute approach and conceptual approach. The results of the study show that law enforcement regarding hospital fraud in the JKN program has been regulated by existing legislation. However, its implementation still faces several challenges. The current legal regulations are not fully effective in preventing and addressing fraud. Implementation is hindered by various obstacles, including a lack of coordination among law enforcement agencies, weak internal oversight, and minimal strict sanctions against fraud perpetrators. The conclusion of this study is that law enforcement on hospital fraud within the JKN program requires more effective and efficient efforts, as well as increased awareness and compliance with the applicable laws and regulations.]]>
