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West Science Law and Human Rights
Published by Westscience Press
ISSN : 29855535     EISSN : 29855535     DOI : https://doi.org/10.58812/wslhr.v1i02
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Launched in 2022, the Journal of Human Rights Law Review seeks to increase awareness, knowledge, and discussion of legal issues and human rights policy. Academically focused, the Review also appeals to the wider human rights community, including those in government, intergovernmental and non-governmental circles concerned with law, policy, and fieldwork. Review of original published articles on human rights issues in their global or national context, considered from an international or comparative legal perspective.
Arjuna Subject : Umum - Umum
Articles 273 Documents
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The Legal Standing of Living Wills as Notarial Deeds in the Indonesian Health Law System: A Study on the Legal Certainty of Refusal of Medical Treatment Efrianza Efrianza; Ni Nyoman Putri Purnama Santhi
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3038

Abstract

A living will is a legal instrument that sets out a person's wishes regarding future medical treatment they wish to receive or refuse once they are no longer legally competent to give consent themselves. Law Number 17 of 2023 on Health regulates informed consent for medical procedures, but does not explicitly regulate the mechanism of an advance directive for future decisions, creating a normative vacuum that risks legal uncertainty for patients, families, and medical personnel. This study aims to examine the legal standing of living wills within the Indonesian health law system and to analyze the extent to which a notarial deed may serve as a valid and binding legal instrument for recording a living will. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that a notarial deed, given its perfect evidentiary force under Articles 1868 and 1870 of the Indonesian Civil Code, holds considerable potential to strengthen the legal certainty and binding force of a living will compared with the medical consent forms currently used in hospitals. The study recommends a proposed legal construction (ius constituendum) that explicitly recognizes the living will in the form of a notarial deed as part of the national health law system.
The Legal Position of The Feasibility Study in Hospital Development Under Law Number 17 of 2023 on Health I Wayan Gede Subawa; I Putu Harry Suandana Putra; Ni Nyoman Putri Purnama Santhi; Ni Putu Yuliana Kemalasari
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3039

Abstract

This study aimed to analyze the legal framework governing the preparation of a feasibility study for hospital development under Law Number 17 of 2023 on Health and its implementing regulations, to examine the position of needs and feasibility assessment in the feasibility study as the basis for licensing and hospital establishment, and to analyze the legal consequences of hospital development carried out without a feasibility study that complies with statutory requirements. This research employed normative legal research using statutory, conceptual, and analytical approaches, with primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that a feasibility study in hospital development functions as a substantive basis for licensing, an administrative control instrument, and a means of protecting public interest, since none of the regulations examined explicitly defines feasibility study as a mandatory legal document, leaving a normative gap regarding its definition, methodology, and evaluation mechanism. Hospital development without a feasibility study that complies with legal requirements may result in rejection or revocation of licenses, legal liability of the organizer, civil losses, and disruption of the protection of patients' and society's rights. The study concludes that a feasibility study must be positioned as a legal compliance instrument that is comprehensively prepared before hospital development is carried out, and recommends that the government formulate a national technical standard covering its definition, scope, methodology, and evaluation mechanism.
Legal Protection of The Immunity Rights of Medical Personnel in Healthcare Service Practice in Indonesia Gede Eka Rusdi Antara; Ni Nyoman Putri Purnama Santhi; Ni Putu Yuliana Kemalasari; I Putu Harry Suandana Putra
West Science Law and Human Rights Vol. 4 No. 03 (2026): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v4i03.3040

Abstract

The right to health is a human right guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the fulfillment of which depends heavily on the role of medical personnel as providers of health services. In practice, medical personnel frequently face legal claims over medical risks that were in fact carried out in accordance with professional standards, as reflected in the case of dr. Dewa Ayu Sasiary Prawani, giving rise to concern and underscoring the urgency of clearly and definitively regulating the immunity rights of medical personnel. This study aims to analyze the legal regulation of the immunity rights of medical personnel under Indonesian legislation, its implementation in facing legal claims over medical risk, and the legal remedies available to protect it. The study uses a normative juridical method that is descriptive-analytical in nature and prescriptive in form, through statutory, conceptual, and case approaches, grounded in the theory of the rule of law, the theory of legal protection, and the theory of legal certainty. The results show that Law Number 17 of 2023 on Health regulates the immunity rights of medical personnel, health workers, and hospitals through Articles 273, 440, 308, 310, and 192, which are conditional (qualified immunity) rather than absolute. Its implementation is realized through the establishment of the Professional Disciplinary Council (Majelis Disiplin Profesi) as a primum remedium mechanism, while legal protection efforts are realized through eight complementary instruments, ranging from strengthening regulations to developing alternative dispute resolution, although legal certainty still needs to be substantively strengthened.

Page 28 of 28 | Total Record : 273

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