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The Medical Journal of Hospital Management and Health Law
Published by International Medical Journal Corp. Ltd.
ISSN : -     EISSN : 30892104     DOI : https://doi.org/10.70070
Core Subject :
The Medical Journal of Hospital Management and Health Law is Indonesian Journal, accepts articles covering aspects of Hospital Management and Health Law from students, lecturers, and practitioners working in Hospital Management and Health Law. The Medical Journal of Hospital Management and Health Law covers themes including, but not limited to: Hospital Planning System, Health Facility Project Feasibility Study, Health Regulation And Policies, Health Law Hospital Risk Management
Arjuna Subject : -
Articles 35 Documents
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Legal Analysis of the Utilization of Stem Cells in Medical Practice K.Suryana; L.Wibisana
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 3 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/1s9g3m13

Abstract

Introduction: The rapid advancement of biomedical technology has positioned stem cell therapy as a revolutionary frontier in modern medicine, offering unprecedented potential for regenerating damaged tissues and treating previously incurable diseases. However, this scientific leap outpaces existing legal frameworks, creating a complex intersection between medical innovation, ethical boundaries, and patient safety. Methods: This study utilizes a normative legal research method, examining statutory regulations, international human rights instruments, and doctrinal legal literature to evaluate the current regulatory landscape surrounding stem cell applications. Results: The findings reveal that while some jurisdictions have established preliminary guidelines, there remains a pervasive lack of comprehensive, binding legislation specifically governing the sourcing, clinical trials, and commercialization of stem cell therapies. This regulatory void leaves significant room for unauthorized clinical practices, exploitation of vulnerable patients, and legal uncertainty regarding liability. Discussion: The discussion integrates an extensive literature review, analyzing the tension between the therapeutic right to health and the state's duty to protect public safety from unproven interventions. It addresses the legal status of embryonic stem cells, the necessity of rigorous informed consent protocols, and the critical need for a harmonized international standard to prevent "stem cell tourism" where patients seek unregulated treatments abroad. Conclusions: In conclusion, the current legal infrastructure is inadequate to manage the dual imperatives of fostering medical innovation and preventing ethical abuses. It is highly recommended that lawmakers enact specific, adaptive legislation and establish centralized oversight bodies to balance therapeutic advancements with robust legal protections.
A Juridical Analysis of Healthcare Cost Transparency by Hospitals I.Permadi; J.Kusnadi
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 3 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/xnnqn233

Abstract

Introduction: Healthcare cost transparency has become a pivotal issue in modern medical jurisprudence, driven by the persistent asymmetric information between healthcare providers and patients. This study examines the legal obligations of hospitals to disclose medical costs openly and the mechanisms available to protect patient rights as vulnerable consumers. Methods: This study employs a normative juridical research method, analyzing primary legal materials such as health regulations and consumer protection laws, alongside secondary legal sources including academic journals and jurisprudence. Results: The analysis reveals that while explicit statutory mandates require hospitals to provide clear, upfront cost structures, implementation remains fragmented due to vague enforcement clauses and institutional resistance. Current regulatory frameworks fail to provide standardized disclosure formats, leading to hidden fees and unpredictable billing. Discussion: The discussion synthesizes existing literature on medical consumerism and legal liability. It highlights a critical research gap: the lack of punitive alignment between consumer protection statutes and healthcare administrative laws. The novelty of this research lies in its formulation of a unified juridical model that integrates contractual transparency into electronic medical administration. It underscores how pricing opacity violates the legal principle of informed consent, which should extend from medical procedures to fiscal liabilities. Conclusions: This study concludes that healthcare cost transparency is a mandatory legal right rather than a discretionary administrative policy. To bridge existing statutory loopholes, governments must institute rigid, standardized electronic price disclosure systems backed by strict administrative sanctions for non-compliance.
A Juridical Analysis of Compensation Rights for Patient Victims of Medical Malpractice G.Hidayat; H.Nugraha
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 3 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/jzaa7k70

Abstract

Introduction: Medical malpractice represents a critical intersection between healthcare delivery and legal accountability, where errors often result in severe patient injury or death. This study addresses the legal ambiguities surrounding the fulfillment of compensation rights for patient victims under Indonesian medical and civil law. Methods: Utilizing a normative juridical research method, this study analyzes primary, secondary, and tertiary legal materials, including statutory legislation, judicial precedents, and legal doctrines. Results: The findings reveal that while the Indonesian Civil Code, Health Law, and Medical Practice Law theoretically guarantee patient rights, the actual mechanism for securing compensation remains complex, costly, and heavily burdened by the onus of proof placed on the patient. Discussion: The discussion highlights a significant gap between statutory intent and judicial enforcement, emphasizing the need for a shift toward a strict liability or no-fault compensation system in medical disputes. Literature reviews further demonstrate that existing dispute resolution mechanisms, such as mediation, often fail due to unequal bargaining power between patients and medical institutions. Conclusions: This study concludes that comprehensive legal reforms are essential to streamline the compensation process, ensuring equitable protection for victims.
Legal Manuscript: A Juridical Analysis of Informed Consent in Surgical Procedures E.Supriadi; F.Rachman
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 3 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/cjp08266

Abstract

Introduction: Informed consent serves as the cornerstone of medical law, balancing patient autonomy against the complexities of surgical interventions. In surgical practices, where risks are inherently high, the legal validity of consent is frequently challenged due to informational asymmetry between physicians and patients. This study examines the legal construction of informed consent under Indonesian medical law and evaluates the criteria for its validity in high-risk surgical procedures. Methods: This study employs a normative juridical research method. It analyzes secondary data, including statutory legislation, judicial precedents, and legal literature related to healthcare, medical practices, and patient rights. Results: The findings indicate that while statutory provisions explicitly mandate comprehensive disclosure, the practical implementation often reduces informed consent to a mere administrative formality. Legal vulnerabilities arise when disclosures lack clarity regarding alternative treatments, specific surgical failure rates, and long-term postoperative risks. Discussion: The discussion highlights a significant research gap concerning the lack of standardization in delivering risk information, which compromises the legal protection of both patients and medical practitioners. A detailed literature review reveals that under the Civil Code and Medical Practice Act, valid consent must fulfill the criteria of voluntariness, capacity, and comprehensive disclosure. In surgical contexts, incomplete disclosure constitutes a breach of professional duty, transforming an authorized medical act into an unlawful act (onrechtmatige daad). Conclusions: In conclusion, informed consent in surgical procedures must transcend administrative compliance to ensure genuine autonomous decision-making. The study recommends the implementation of standardized digital disclosure protocols and legislative amendments to provide clearer boundaries for emergency exceptions, thereby enhancing legal certainty and safeguarding patient autonomy.
Juridical Analysis of Hospital Liability for Medical Malpractice C.Winata; D.Hartono
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 3 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/ht3knz42

Abstract

Introduction: Medical malpractice remains a critical intersection of healthcare and law, where patient injuries demand accountability from healthcare institutions. While physicians are historically the focus of negligence claims, modern legal frameworks increasingly hold hospitals directly liable for systemic failures and corporate negligence. Methods: This study employs a normative juridical research method, analyzing statutory regulations, judicial precedents, and legal doctrines governing hospital liability. It examines how corporate negligence and vicarious liability apply to medical malpractice within institutional healthcare settings. Results: The findings reveal that hospital liability is no longer limited to vicarious liability for employee actions under doctrines like respondeat superior. Instead, contemporary jurisprudence recognizes independent corporate liability, establishing that hospitals owe an absolute duty of care directly to patients regarding staff credentialing, equipment maintenance, and operational safety protocols. Discussion: The literature review demonstrates a significant shift from localized, practitioner-focused fault toward a comprehensive institutional risk-management paradigm. Scholars emphasize that systemic vulnerabilities often underlie clinical errors, requiring hospitals to maintain strict internal oversight. The discussion contrasts strict liability with fault-based liability, highlighting the evolving standard of care required to balance operational efficiency with patient protection. Conclusions: This research concludes that hospitals bear a dual layer of liability—both indirect for personnel misconduct and direct for institutional negligence. To minimize legal exposure and elevate patient safety, hospitals must enforce stringent peer-review mechanisms and continuous risk audits.
Legal Analysis of Criminal Liability of Physicians in Diagnostic Errors A.Fachruddin; B.Kartawijaya
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 4 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/4fmkzk59

Abstract

Introduction: Diagnostic errors represent a critical intersection between medical practice and criminal law, challenging the boundaries of professional judgment and legal accountability. In Indonesia, the legal framework balancing a physician's professional autonomy with patient protection remains highly contested, particularly regarding when a medical misstep transitions from an civil error or ethical breach into criminal negligence. Methods: This study employs a normative legal research method (metode penelitian yuridis normatif), analyzing statutory frameworks, medical jurisprudence, and authoritative legal doctrines to evaluate the parameters of criminal liability. Results: The findings indicate that criminal liability for a diagnostic error cannot be automatically applied; it strictly requires the presence of gross negligence (culpa lata) that violates established medical standards, directly resulting in severe injury or death. Minor errors or misdiagnoses resulting from atypical disease presentations are shielded by the principle of medical judgment, provided the physician followed standard diagnostic protocols. Discussion: The discussion synthesizes statutory provisions with judicial precedents, evaluating the mens rea (guilty mind) required for criminal convictions. It contrasts ethical misconduct with criminal negligence and highlights a persistent research gap in defining clear objective criteria for culpa lata in complex medical procedures. Conclusions: This study concludes that a clear, standardized legal boundary is essential to prevent defensive medicine while upholding patient rights. It recommends the establishment of specialized medical-legal panels to provide objective assessments before criminal charges are pursued.
Legal Analysis of the Refusal of Medical Treatment Based on the Patient's Religious Beliefs R.Pratama; S.Wijaya
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 4 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/3re8y629

Abstract

Introduction: The intersection of religious freedom and medical law presents a profound legal and ethical dilemma when a competent patient refuses life-saving medical treatment based on deeply held religious beliefs. This study analyzes the legal boundaries, human rights protections, and judicial conflicts arising from such refusals. Methods: This study employs a normative legal research methodology, examining statutory regulations, constitutional provisions, human rights conventions, and relevant judicial precedents. Results: The legal framework establishes that while the principle of patient autonomy and religious freedom is heavily protected under constitutional and international law, this right is not absolute and faces significant constraints when state interests, the preservation of life, and the protection of minors or vulnerable third parties are compromised. Discussion: The discussion synthesizes the doctrine of informed refusal, the right to bodily integrity, and the constitutional guarantee of religious liberty against the state's parens patriae doctrine and the medical profession’s ethical duty to preserve life, highlighting a significant literature gap regarding uniform global legal standards. Conclusions: Courts generally uphold the refusal of competent adults but consistently intervene to mandate treatment for minors, indicating that the right to religious refusal is limited by the state's compelling interest in preserving human life and public welfare.
Juridical Analysis of Legal Protection for Healthcare Volunteers in Disaster Areas Y.Aritonang; Z.Tobing
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 4 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/rv6tc342

Abstract

Introduction: Healthcare volunteers play a critical role in disaster response, yet they often operate in high-risk environments with ambiguous legal safeguards. This study examines the adequacy of existing legal frameworks in providing comprehensive protection for these individuals. Methods: This study utilizes a normative juridical research method, analyzing statutory legislation, international humanitarian principles, and relevant legal doctrines concerning disaster management and healthcare workers. Results: The findings reveal that while general disaster management laws acknowledge volunteers, specific rights, liabilities, and safety guarantees for healthcare volunteers remain fragmented and insufficiently regulated. This regulatory gap leaves volunteers vulnerable to civil liability, occupational hazards, and lack of institutional support. Discussion: The discussion highlights that existing laws often conflate general community volunteers with specialized healthcare volunteers who face unique medical-legal risks. A comprehensive literature review underscores the necessity of establishing clear standard operating procedures, state-backed insurance, and explicit liability immunities similar to Good Samaritan laws adapted for disaster contexts to ensure systemic resilience. Conclusions: In conclusion, the current legal framework is inadequate to protect healthcare volunteers in disaster areas. It is recommended that the government enact specific derivative regulations that clearly define the rights, immunities, and welfare guarantees for these vital actors to foster a safer volunteer ecosystem.
Juridical Analysis of Maladministration in Public Healthcare Facilities U.Gultom; V.Pardede
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 4 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/ac5bjh46

Abstract

Introduction: Public healthcare facilities serve as the cornerstone of state-sponsored welfare, yet they are frequently plagued by maladministration that compromises patient rights and institutional integrity. This study addresses the systemic failure of administrative duties within public clinics and hospitals, where procedural deviations often lead to severe legal and ethical lapses. Methods: Using a normative juridical research method, this paper examines statutory frameworks, ministerial regulations, and public ombudsman reports to map regulatory gaps. Results: The analysis reveals that maladministration primarily manifests as protracted delays, unauthorized fee collections, and blatant deviations from established standard operating procedures. These issues are exacerbated by overlapping regulatory mandates and a profound lack of punitive enforcement mechanisms. Discussion: The discussion deepens the literature review by contextualizing public healthcare accountability within administrative law theories, specifically focusing on the principles of good governance and state responsibility. It evaluates how bureaucratic inertia intersects with medical ethics, illustrating that legal remedies remain inaccessible to vulnerable demographics due to systemic power imbalances. Conclusions: This study concludes that resolving healthcare maladministration requires a comprehensive harmonization of administrative statutes alongside the statutory empowerment of independent oversight bodies. It suggests implementing strict, automated accountability metrics to protect public health interests effectively.
Juridical Analysis of the Legal Force of Birth Certificates Issued by Healthcare Professionals S.Sianturi; T.Tambunan
The Medical Journal of Hospital Management and Health Law Vol. 1 No. 4 (2025): The Medical Journal of Hospital Management and Health Law
Publisher : International Medical Journal Corp. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70070/6hwxsj08

Abstract

Introduction: A birth certificate is a crucial legal document that establishes an individual's civil status and citizenship. In practice, healthcare professionals often issue preliminary birth statements or, in some administrative variations, facilitate the direct issuance of birth records, raising questions about the boundaries of their legal authority. This study addresses this phenomenon by examining the formal legal strength of such documents. Methods: This research employs a normative juridical method, analyzing statutory legislation, secondary legal materials, and comparative jurisprudence regarding civil registration. Results: The findings indicate that while healthcare professionals possess the authority to issue medical statements of birth (surat keterangan lahir), they do not hold the statutory power to issue official birth certificates (akta kelahiran), which remains the exclusive domain of civil registration authorities. Documents issued beyond this scope lack the evidentiary power of authentic deeds. Discussion: The legal force of documents issued by healthcare professionals is limited to that of private deeds or administrative evidence rather than absolute authentic proof. A comprehensive literature review indicates that confusing medical verification with civil registration compromises legal certainty, creating a research gap regarding the precise liability of healthcare workers who exceed their administrative boundaries. Conclusions: Healthcare professionals cannot legally issue birth certificates; their role is strictly evidentiary within the medical spectrum. It is recommended that governments streamline the integration between healthcare facilities and civil registries without blurring their distinct legal authorities.

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