Legal Protection for Hospitals in Managing Infectious Solid Medical Waste Using Incinerators (Study at St Antonius General Hospital Pontianak)
Keywords:
Hospitals, Medical waste management, Legal protectionAbstract
Hospital whose main function is as health service facilities, can produce waste as result of their activities. The waste produced includes infectious solid medical waste and if this waste is not handled properly and correctly it can cause environmental pollution. Burning this waste using incinerators may cause air pollution which can harm the environment and public health. The government has issued laws and regulations regarding the management of hospital medical waste, and hospital must comply with the principle of absolute responsibility administratively, civilly and criminally, so that the legal protection efforts carried out by hospital are preventive protection by taking preventive measures in managing highly infectious medical waste. In this research, we can be learned that hospitals whose main fuction is as health service fascilities as regulated in Law No 17/2023 concerning Health, can be subject subject to administrative, civil and criminal environmental sanction as stated in Law No 32/2009 concerning Environmental Protection and Management. This sanction imposed are not related to negligence in carrying out its function as a health service facility.
References
Constitution of the Republic of Indonesia
Akib. M . (2021). Environmental Law from Global and National Perspectives (Vol. 5).
Ali.Z. (2006). Sociology of Law (Vol. 1). Graphic Rays.
Al-Khatib, IA, Kontogianni, S., Nabaa, HA, & Al-Sari, MI (2015). Public perception of hazardousness
caused by current trends of municipal solid waste management. Waste Management, 36, 323–330. Amelia R, IARA (2020). Management of Solid Medical Waste at the Mamuju Regional General Hospital,
West Sulawesi Province. Window of Health: Journal of Health, 3(1).
Amiruddin, & Asikin, Z. (2021). Introduction to Legal Research Methods (12th ed.). Rajawali Press. Askary.M, Procedures for Licensing for Hazardous Waste Incinerators, accessed 2 February 2024 from
Dwita, A., & Zamroni, M. (2021). Legal Responsibilities of Waste Transport Services in Hospital Solid
Medical Waste Management. In Journal of Health Law and Ethics (Vol. 1, Issue 1).
Government Regulation no. 22 of 2021 concerning the Implementation of Environmental Protection and
Management
Gusdini, N., Mediana, N., & Pratiwi, R. (2023). Performance Testing of Incinerator and Air Pollution
Control Tools to Minimize the Impact of Hazardous Waste. Performance Testing of Incinerator and Air Pollution Control Tools to Minimize the Impact of Hazardous Waste. Journal of Environmental Technology, 24(1).
Hukumonline Team, Theories of Legal Protection According to Experts, accessed 3 November 2023 from https:// Hukumonline.com
Kader, P., Balita, P., Pemberdayaan, S., View Project Khansa, M., Adityani, V., Chairani, MS, & Utami, PS (nd). Review: Medical Waste Management System Hospitals in Indonesia. https://www.researchgate.net/publication/366633187
Law No. 17 of 2023 concerning Health
Law No. 32 of 2009 concerning the Implementation and Management of the Environment
Lima, M.L. (2004). On the influence of risk perception on mental health: living near an incinerator. Journal
of Environmental Psychology, 24(1), 71–84.
Minister of Environment and Forestry Regulation No. 56 of 2015 concerning Procedures and Technical
Requirements for Management of Hazardous and Toxic Waste from Health Service Facilities Minister of Health Decree No. 1204 of 2004 concerning Hospital Environmental Health Requirements
Oktamala D. (2022). Criminal Responsibility of Hospitals Against Medical Toxic and Hazardous Waste Management That Increases During the Covid-19 Pandemic. Champion Familiar Journal, 7(1), 113– 127.
Paramita, N. (2007). Evaluation of Waste Management at Gatot Soebroto Central Army Hospital. Precipitation, 2(1), 51–55.
Prihartanto, P. (2020). Review Of Research Results On The Generation Of Medical And Household Hazardous Waste During The Covid-19 Pandemic Disaster Research Review On Generation Of Medical And Municipal Hazardous Waste During The Covid-19 Pandemic Disaster. Nature Journal, 4(2), 134–141.
Purwohandoyo, A. (2016). Comparative Cost Analysis of Solid Medical Waste Management between Self- Managed System and Outsourcing System in "Dharmais" Cancer Hospital. Comparative Cost Analysis of Solid Medical Waste Management in Dharmais Cancer Hospital between Self-Managed System with Outsourcing System.
Republic of Indonesia Minister of Health Regulation No. 7 of 2009 concerning Hospital Environmental Health
Santoso APA, Gegen G, & Sukendar, S. (2022). Introduction to Environmental Law (1st ed., Vol. 1). Library Newpress.
Saragih. JL, HW (2013). Evaluation of the Incinerator Function in Destroying B3 Waste at Dr. TNI Hospital. Ramelan Surabaya. Pomits Engineering Journal, 2(2), D138–D143.
Setiyo Dewi, D., Nurlini Wenang Tobing, T., Management Studies, P., & Jayakarta College of Economics, S. (2021). Optimizing the Delivery of Public Services in the Period of Change Against Covid-19 in Indonesia. Journal of Information Systems, Applied, Management, Accounting and Research. (Printed), 5(1), 210–214. http://journal.stmikjayakarta.ac.id/index.php/jisamar,
Siddik. S, S., & Wardhani, E. (2020). B3 Waste Management at Hospital X Batam City. Serambi Engineering, V(1), 760–767.
Sidi, R. (2022). Human Rights in Perfecting Health Law in Indonesia (2nd ed., Vol. 1). Aulia Graphics. Sihombing, E., & Hadita, C. (2022). Legal Research (1st ed.). Equivalent Press.
Wahyuni.S. (2023). Qualitative Research Strategies and Practical Examples (Nugroho.A, Ed.; 2nd ed., Vol.
. Kompas Book Publishers.
Warmadewanthi, Health Facility Waste Management, accessed on 2 February 2024 from
