Juridical Analysis of Negligence in Health Services by Health Personnel Reviewed from Law Number 17 of 2023 Concerning Health
Keywords:
Medical crime, Medical Personnel, Dispute ResolutionAbstract
This study aim for analyze juridical negligence in service health by energy health, with focus on implementation Constitution Number 17 of 2023 concerning Health. In context enhancement demands accountability and quality service health, negligence by energy health become issue important that is needed review deep, esp related with implications laws established by law latest this. Methodology this study use approach juridical normative, with study documents law, incl Constitution Number 17 of 2023, regulations related others, as well relevant literature. Analysis done through studies document for understand standard applicable law to negligence medical and how Constitution the influence practice power health in provide service. Research result show that Constitution Number 17 of 2023 concerning Health provides framework more laws clear and strict related with accountability power health on negligence in service health. This matter covers affirmation about penalty the law can given to power negligent health result wound heavy or death patient. This study is also a find that there is need for rule law more derivatives detailed for give clarity about definitions, parameters, and procedures evaluation negligence. Conclusions of this study is that Law Number 17 of 2023 concerning Health is step proceed in increase accountability and quality service health. However, for effective implementation, is required development and implementation rule explanatory derivative in a way detailed about negligence medical. Suggestions put forward covers preparation rule derivative the with involve various holder interests, incl association profession health, institutions education, and groups patient, for ensure that rule the fair, practical, and supportive enhancement service health
References
Asshiddiqie, Jimly. "Constitution and Constitutionalism in Indonesia." (2009).
Beni Satria and Redyanto Sidi, Criminal Liability of Hospitals for Negligence Committed by Medical Personnel. Nganjuk: Dewa Publishing, 2022.
Black, Henry Campbell. "Black's Law Dictionary." (6th ed. 1990).
D. Suharnoko and A. Muktiyanto, "Development of the Concept of Medical Malpractice in Indonesia," Mimbar Hukum, 31, no. 1 (2019): 1-10.
Guwandi J., Medical Law. FK UI, Jakarta, 2004.
Health Law Number 17 of 2023 is Valid, These are the Important Points, accessed from: https://dinkes.babelprov.go.id/content/undang-angkat-kesehatan-nomor-17-tahun-2023-sah -these-important-points apply, October 26 2023 at 16.01 WIB.
Heboh, members of North Sulawesi DPRD quarrel with nurses at RSUD ODkS," accessed from: https://www.detik.com/sulsel/berita/d-6670756/heboh-Member-DPRD-sulut-cekcok-dengan-perawat-rsud-odks , October 26 2023 at 15.59 WIB.
Hermin Hadiati Koeswadji, Medical Law (Study of Legal Relations in Which the Doctor is One of the Parties). Bandung: Citra Aditya Bakti, 1998.
Hj. Ukilah Supriyatin, SH, MH, "Legal Relations Between Patients and Medical Personnel (Doctors) in Health Services," accessed from: https://jurnal.unigal.ac.id/index.php/galuhjustisi/article/viewFile/1713/ 1387, October 26 2023, 21.30 WITA. Internet Source:
Kadek Arini & Ida Bagus Putra Atmadja, "Setting the level of doctor's error as a basis for determining compensation for patients who are victims of malpractice," Kertha Semaya: Journal of Legal Sciences, Vol. 6 No. 12 (2016).
Law Number 17 of 2023 concerning Health.
Law of the Republic of Indonesia no. 44 of 2009 concerning Hospitals, Article 1.
Lubis, Todung Mulya. "In Search of Human Rights: Legal-Political Dilemmas of Indonesia's New Order." (1985).
Notoatmodjo, Soekidjo. "Health Promotion and Behavioral Science." Jakarta: Rineka Cipta. (2007).
Redyanto Sidi, Human Rights in the Perspective of Health Law in Indonesia. Medan: Perdana Publishing, 202.
Shidarta, Indonesian Consumer Protection Law. Jakarta: Grasindo, 2000.
Sjahrir, R. "The Role of Health Workers in the National Health System." (2012).
Sjukur, A. "Hospital Implementation Based on Science and Technology Development." (2008).
Soewono Hendrojono, Limits of Legal Liability for Doctor Malpractice in Therapeutic Transactions. Heroine, 2007.
Subekti, Civil Code. Jakarta: Pradnya Paramitha, 1990.
Sumarno, "Legal Protection for Consumers Buying Motorcycles on a Fiduciary Basis," Responsive, 2 (2016).
Trini Handayani, "Resolving Medical Disputes Through Mediation Linked to Supreme Court Regulation Number I of 2008 Concerning Mediation Procedures in Court," Mimbar Justicia Law Journal, Faculty of Law, Suryakancana University, Vol. 06, No. 02, 2014.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Proceedings : International Forum Research on Education, Social Sciences Technology and Humanities

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.