Problematics and Challenges of Post-Post Health Personnel Issue of Law No 17 Of 2023 about Health
Keywords:
Problems, Health Workers, Health LawAbstract
This research examines regulatory changes in the health sector in Indonesia, specifically related to Law Number 36 of 2009 and Law Number 17 of 2023 concerning Health. The new Health Law is expected to improve the health service system and provide stronger legal protection for health workers. However, there is controversy and criticism that has emerged from various groups, especially from the Indonesian Doctors Association (IDI), regarding several articles that are considered controversial. These articles include the potential for criminalization of medical personnel and the ease with which foreign health workers can practice in Indonesia. This research uses descriptive analytical methods with a normative juridical approach to analyze data from existing laws and regulations. The research results show that although the law offers a clearer and more comprehensive framework, there is a need to revise and clarify some articles to reduce confusion and potential conflicts. The importance of synergy between the government, health workers and professional organizations is also emphasized to ensure the fulfillment of the right to health of the Indonesian people and improve access and quality of health services.
References
Adisasmito, Wiku. Analysis of the Journey of the Draft Health Law (RUU Health) . Depok: Department of Health Administration & Policy FKM UI, 2008.
Agustina, S., et al . "Perceptions of Law Enforcement Officials Regarding the Implementation of the Principle of Lex Specialis Derogat Legi Generali in the Criminal Justice System". Legal Issues 41, no. 4 (October 2012): 540-548.
Anggono, Bayu Dwi. " Omnibus Law as a Technique for Forming Laws: Opportunities for Adoption and Challenges in the Indonesian Legislative System." Rechtsvinding Journal . Vol. 9.No. 1 (2020). Pg.
Bakhtiar, M.Z., Rahman, S., & Busthami, D.S. (2022). Legal Protection for
Chaeria, Y., Busthami, D., & Djanggih, H. (2020). Implications of the Position of Medical Personnel
(Informed Consen) on Hospital Accountability. Petitum , 8 (April 1), 1-19. Harahap, RA (2022). Health Ethics and Law: Revised Edition . Merdeka Kreasi Group.
Huda, K., & Huda, M. K. (2021). Legal Protection for Nurses for the Delegation of Authority from Doctors in Carrying Out Medical Procedures for Suturing Wounds in Hospital Emergency Rooms. Journal of Health Law and Ethics , 98-121.
Johnson, Sandra H., et al. Health Law and Bioethics: Cases in Context . New York: Wolters Kluwer Law & Business, 2018.
McClay, Caitlin. “Mediation in Medical Treatment: A More Effective Way to Manage Disputes.” Catholic University Law Review 68, no. 3, (Summer 2019): 525-550.
Montgomery, Jonathan. Introduction to Health Law . London: Routledge, 2019.
Patients for medical procedures carried out by nursing staff outside their authority. Journal of Lex Generalis
(JLG) , 3 (4), 788-798.
Poernomo, Bambang. Health Law . Yogyakarta: Aditya Media, No Year.
Purwaka, Tommy Hendra. Legal Research Methodology . Jakarta: Atma Jaya University Publishers,
Republic of Indonesia. Law Number 17 of 2023 concerning Health . Jakarta: State Secretariat, 2023. Republic of Indonesia. Law Number 36 of 2009 concerning Health . Jakarta: State Secretariat, 2009. Suparman, Eman. Health Law . Jakarta: Rineka Cipta Publishers, 2020.
Timon, A. (2020). Responsibilities of a Democratic Legal State in Providing Health Services. Soumatera
Law Review, 3(1), 18-29