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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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A Juridical Analysis of Clinical Practice by Nurses Without Physician Supervision I.Manurung; J.Siregar
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 2 (2026): 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/yy55m673

Abstract

Introduction: The shifting dynamics of healthcare delivery have increasingly positioned nurses at the forefront of clinical practice, often leading to situations where they provide medical interventions without direct physician supervision. This study examines the legal implications, professional boundaries, and liabilities arising from independent nursing practices from a juridical perspective. Methods: This research utilizes a normative juridical method, analyzing existing statutory laws, health regulations, judicial precedents, and conceptual legal frameworks governing medical and nursing practices. Results: The findings indicate a critical legal friction between the expanding clinical realities of nursing autonomy and the rigid statutory frameworks that require physician delegation for invasive or diagnostic medical acts. While emergency exceptions exist, prolonged or systematic unsupervised clinical practice by nurses creates significant exposure to administrative, civil, and criminal liabilities due to ambiguous regulatory boundaries. Discussion: The literature underscores that a profound regulatory vacuum exists regarding advanced nursing practices. The intersection of medical law and nursing legislation fails to provide a cohesive shield for practitioners, necessitating a clear distinction between independent nursing care and delegated medical tasks. Bridging this research gap requires establishing precise collaborative protocols to ensure patient safety and legal certainty. Conclusions: Unsupervised clinical practice by nurses without explicit legal authorization or physician delegation constitutes a high legal risk under current frameworks. It is recommended that legislative bodies amend healthcare statutes to formally recognize advanced clinical nursing roles while implementing standardized supervisory guidelines.
Juridical Analysis of Used Medical Device Import Regulations in Indonesia G.Hutagalung; H.Sinaga
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 2 (2026): 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/k21j9t58

Abstract

This study examines the legal framework governing the importation of used medical devices in Indonesia, balancing healthcare accessibility with public safety. The introduction highlights the dilemma faced by developing nations regarding cost-effective healthcare solutions versus the risks of substandard medical equipment. The methods utilize a normative legal research approach, analyzing primary and secondary legal sources, including statutory regulations and judicial frameworks. The results indicate that while Indonesian law strictly regulates the import of second-hand goods to protect public health, certain regulatory ambiguities and enforcement gaps persist, particularly regarding exceptions for essential medical technology. The discussion delves into the literature review and comparative legal structures, demonstrating a significant research gap in how specific administrative guidelines align with overarching consumer protection and healthcare laws. It analyzes the tension between economic feasibility for local healthcare providers and the constitutional right to health safety. The conclusions suggest that the current regulatory framework requires harmonization, and the study offers concrete recommendations for legislative updates to establish clearer certification standards and stricter oversight mechanisms.
Legal Analysis of the Legal Protection of Patients Participating in New Drug Clinical Trials E.Nasution; F.Alamsyah
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 2 (2026): 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: 10.70070/9xm5a589

Abstract

Introduction: The rapid development of pharmaceutical biotechnology necessitates clinical trials on human subjects to ensure drug safety and efficacy, yet this process inherently exposes patient-participants to severe health risks and potential exploitation. This study examines the adequacy of current legal frameworks in safeguarding human subjects during clinical trials of new investigational drugs. Methods: This study employs a normative juridical research method, analyzing primary, secondary, and tertiary legal materials, including international guidelines, national healthcare statutes, and consumer protection regulations. Results: The analysis reveals that while basic regulatory frameworks exist, significant legal vacuums remain regarding strict liability for clinical trial injuries, the enforceability of informed consent under asymmetric medical relationships, and comprehensive institutional oversight mechanisms. Discussion: The discussion comprehensively integrates a literature review regarding patient autonomy, bioethics, and state responsibility, highlighting how the unequal bargaining power between pharmaceutical sponsors and vulnerable patients undermines genuine consent. It evaluates the legal nature of clinical trial agreements, identifying them as adhesion contracts that require intervention through mandatory indemnification clauses and enhanced Institutional Review Board oversight. Conclusions: Current legal protections are fragmented and insufficient to address the complexities of modern clinical trials, necessitating a shift toward robust statutory strict liability and standardized operational protocols. It is recommended that the legislature enact a dedicated statute governing clinical trials and that healthcare authorities establish a mandatory state-backed insurance scheme to provide immediate compensation for injured participants without the burden of proving negligence.
Juridical Analysis of Hospital Liability for Nosocomial Infections C.Yudhistira; D.Saragih
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 2 (2026): 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: 10.70070/5f2g7r25

Abstract

Introduction: Healthcare-associated infections, traditionally known as nosocomial infections, present a critical intersection between medical practice and legal accountability. Patients who acquire infections during hospital stays face prolonged recovery, increased financial burdens, or even mortality, raising profound questions regarding the legal responsibilities of healthcare providers. Methods: This study employs a normative juridical research method, analyzing primary legal sources, statutory regulations, and relevant judicial precedents to evaluate hospital liability frameworks. Results: The findings indicate that hospital liability for nosocomial infections shifts between contractual default and tortious negligence, heavily dependent on the institutional failure to enforce statutory Patient Safety Standards and strict sanitation protocols. Discussion: The discussion delves into the intricate balance between the medical standard of care and the legal definition of negligence. It reviews extensive literature concerning the doctrine of res ipsa loquitur and corporate liability, demonstrating that hospitals cannot easily evade liability if systemic failures in infection control are proven, even when specific medical staff behavior is not overtly negligent. Conclusions: This study concludes that while absolute liability is unfeasible due to inherent medical risks, a robust framework of corporate fault must be enforced, requiring proactive compliance with healthcare regulations. It is recommended that regulatory bodies tighten supervision and hospitals implement comprehensive, legally verifiable clinical risk management systems to mitigate both medical and legal exposures.
Juridical Analysis of Administrative Sanctions Against Hospitals Failing to Meet Accreditation Requirements A.Adhitama; B.Prakoso
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 2 (2026): 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/n74axh30

Abstract

Introduction: Hospital accreditation is a critical mechanism to guarantee healthcare quality and patient safety, yet compliance remains a challenge for several institutions. This study examines the legal framework governing hospitals that fail to meet these mandatory accreditation standards. Methods: This research employs a normative juridical method, analyzing statutory regulations, theoretical legal concepts, and authoritative legal literature related to healthcare administration. Results: The findings indicate that while the legal framework outlines clear administrative sanctions—ranging from written warnings to the revocation of operational licenses—the enforcement mechanism faces systemic challenges, including ambiguous regulatory enforcement triggers and regional disparities in oversight. Discussion: The discussion highlights that administrative sanctions serve as a vital instrument of state control (bestuursdwang) to ensure public welfare. However, a significant gap exists between the rigid statutory mandates and the practical economic realities of underfunded regional hospitals, which often leads to lenient enforcement that compromises patient safety. Conclusions: In conclusion, strict enforcement of administrative sanctions is legally justified but must be balanced with proactive state guidance and technical support for struggling facilities. It is recommended that regulatory bodies establish an objective, tiered enforcement protocol and a dedicated support fund to assist non-compliant hospitals in achieving accreditation without disrupting public healthcare access.
A Juridical Analysis of Legal Protection for Healthcare Workers in COVID-19 Patient Services W.Sihombing; X.Rambe
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 1 (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: 10.70070/9bk6ep53

Abstract

Introduction: The COVID-19 pandemic placed unprecedented pressure on global healthcare systems, thrusting healthcare workers into high-risk environments with limited initial protocols. In Indonesia, medical professionals faced severe risks of infection, extreme physical exhaustion, and heightened vulnerabilities to civil, criminal, or administrative malpractice claims due to emergency triage conditions. This study examines the structural adequacy of the existing Indonesian legal framework in guaranteeing comprehensive safety and legal immunity for healthcare workers operating under crisis conditions. Methods: This study utilizes a qualitative juridical-normative legal research method, examining primary, secondary, and tertiary legal sources, including the Indonesian Health Law, disaster management statutes, and emergency ministerial decrees. Results: The findings reveal that while statutory provisions theoretically offer right-to-safety protections, operational ambiguities during health emergencies create a significant enforcement gap, leaving practitioners vulnerable to legal disputes and institutional neglect regarding occupational hazards. Discussion: The discussion integrates extensive literature on healthcare jurisprudence, analyzing the conceptual conflicts between standard clinical malpractice criteria and emergency triage exceptions, while evaluating the limits of current administrative indemnification policies. It emphasizes that a lack of synchronized regulations between central labor standards and local hospital protocols weakens the statutory immunity intended for frontline professionals. Conclusions: This study concludes that the legislative framework requires targeted amendments to establish explicit, automatic legal immunity and standardized occupational hazard insurance during declared national health emergencies.
A Legal Analysis of the Implementation of Inpatient Care Based on BPJS Hospital Class Standards Q.Situmorang; R.Pane
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 2 (2026): 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/mze5pv32

Abstract

Introduction: The shifting paradigm of public healthcare in Indonesia, driven by the Social Security Administrator for Health (BPJS Kesehatan), mandates a standardized approach to inpatient services. This study legally analyzes the transition from traditional care classes to a unified criteria system. Methods: This research employs a normative legal method (doctrinal legal research), examining primary statutory regulations and secondary legal authorities regarding healthcare services. Results: The findings reveal that while the standardization of inpatient classes aims to fulfill the constitutional right to health equity, significant legal ambiguities remain concerning regulatory compliance, infrastructural readiness, and implementation uniformities among tier-one to tier-three hospitals. Discussion: The discussion delves deeply into the divergence between regulatory ideals and the socio-legal reality of healthcare facilities. It provides a comprehensive literature review on the right to health, evaluating the operational bottlenecks, institutional resistance, and contractual dynamics between BPJS and healthcare providers under the lens of administrative law. Conclusions: In conclusion, the standardization mechanism requires synchronous harmonized legislation and explicit enforcement clauses to prevent standard degradation. It is recommended that the government issue stricter technical guidelines and establish a collaborative oversight committee to bridge the current regulatory and infrastructural gaps.
Juridical Analysis of the Ombudsman's Role in Healthcare Service Disputes O.Munthe; P.Rangkuti
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 1 (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/zkshfx18

Abstract

Introduction: Healthcare public services are a fundamental right of citizens, yet maladministration often triggers complex disputes between patients and medical providers. While judicial routes exist, they are frequently prolonged, costly, and adversarial. This study examines the position and efficacy of the Ombudsman as an independent oversight institution in resolving healthcare service disputes. Methods: This research employs a normative juridical method, analyzing statutory provisions, legal doctrines, and administrative regulations related to public services and healthcare. Results: The findings reveal that the Ombudsman plays a pivotal role in mediating healthcare disputes arising from administrative misconduct, offering a non-adversarial mechanism that bridges the gap between rigid healthcare regulations and patient rights. However, its structural efficacy is often constrained by the non-binding nature of its recommendations. Discussion: The discussion integrates a comprehensive literature review regarding administrative law and medical law principles. It evaluates how the Ombudsman acts as an alternative dispute resolution forum, contrasting it with formal litigation, and analyzes the systemic barriers that prevent its structural interventions from achieving full enforcement. Conclusions: In conclusion, the Ombudsman serves as a crucial balancing force in healthcare disputes, but its institutional authority requires legislative strengthening. It is recommended that future legal reforms grant binding execution powers to Ombudsman recommendations to ensure absolute administrative accountability in the healthcare sector.
A Juridical Analysis of Mental Health Regulations and the Rights of Mental Disorder Patients M.Hasibuan; N.Damanik
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 1 (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: 10.70070/1nykfc90

Abstract

Introduction: Mental health regulations often stand at a complex crossroads between state authority, public safety, and individual liberties. This study examines the legal framework governing mental health to evaluate how effectively current statutes protect the fundamental human rights of patients diagnosed with mental disorders. Methods: Using a normative juridical research method, this study analyzes statutory approaches, conceptual frameworks, and comparative legal literatures concerning mental health rights. Results: The analysis reveals that while formal statutory protections exist on paper, significant legal ambiguities remain regarding involuntary commitment, informed consent, and institutional oversight. These gaps frequently lead to the systemic deprivation of liberty and a lack of legal recourse for vulnerable patients. Discussion: The discussion deepens the literature review by contrasting protective constitutional mandates against discretionary medical powers, highlighting a critical implementation gap where administrative convenience overrides patient autonomy. Systemic stigma embedded within historical legal definitions further complicates the realization of therapeutic justice. Conclusions: This study concludes that existing mental health regulations require immediate, comprehensive harmonization with international human rights standards to ensure robust legal protections. It recommends establishing independent legal advocacy bodies and strict judicial review mechanisms for all involuntary psychiatric interventions.
Legal Analysis of Passive Euthanasia under Indonesian Health Law K.Lubis; L.Harahap
The Medical Journal of Hospital Management and Health Law Vol. 2 No. 1 (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: 10.70070/3ezv9t05

Abstract

Introduction: Passive euthanasia, which involves withholding or withdrawing life-prolonging medical treatments, remains a highly controversial issue within the Indonesian legal landscape. While the medical community increasingly confronts situations where life support seems futile, the legal framework often appears ambiguous or overly restrictive. Methods: This research employs a normative juridical legal method, analyzing statutory provisions, judicial precedents, and doctrinal theories to evaluate the current legal status of passive euthanasia in Indonesia. Results: The study reveals a significant legislative gap between traditional criminal prohibitions and the evolving realities of modern medical practice. While the Indonesian Criminal Code strictly penalizes active forms of life-terminating acts, contemporary health regulations provide fragmented acknowledgments of the right to refuse treatment, leading to acute legal uncertainty for healthcare professionals. Discussion: The discussion synthesizes constitutional rights, medical ethics, and comparative law, highlighting that the lack of clear, standardized operational guidelines for passive euthanasia forces a reliance on judicial interpretation that may conflict with the patient's right to self-determination and the physician's duty of care. Conclusions: In conclusion, Indonesian health law requires comprehensive statutory refinement to explicitly regulate passive euthanasia, balancing human rights, cultural values, and medical necessities. The study recommends the immediate enactment of specific guidelines concerning advanced medical directives to provide clear legal protection for both patients and medical practitioners.

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