JURNAL HUKUM KESEHATAN INDONESIA

EUTHANASIA DALAM HUKUM PIDANA INDONESIA DAN HUKUM KESEHATAN

Henny Saida Flora — 2022-10-28

The problem of euthanasia is part of the actions of a doctor who is treating his patient or asking for his help so that a person's illness can be cured. In terms of legislation, there is no new and complete regulation on euthanasia, but because the issue of euthanasia involves the issue of the safety of the human soul, a legal basis must be sought. The purpose of this research is to find out Euthanasia which is regulated in the Indonesian Criminal Law and Health Law. Therefore, the only legal basis used is Article 344 of the Criminal Code because it is considered close. The method used is a normative juridical method with a statutory approach. The results show that in principle not everyone agrees with the act of euthanasia as well as doctors. Some community groups start on a religious basis, so that everything is the will of God. The arguments put forward by the doctors are in accordance with the Indonesian medical code of ethics which also reflects the attitudes or views of doctors in Indonesia regarding euthanasia.

TANGGUNG JAWAB HUKUM FISIOTERAPIS YANG MELAKUKAN PELAYANAN KESEHATAN TANPA SURAT TANDA REGISTRASI

Ranggih Ade Atmaja — 2022-10-31

Medical personnel and health workers or competent personnel to restore someone who is sick are required to have a Registration Certificate. It's the same with physiotherapists. The use of STR for practice requirements applies to physiotherapists. This provision has been explained in the Minister of Health of the Republic of Indonesia Number 80 of 2014 concerning the Implementation of Physiotherapy Work and Practices Article 4 Paragraph (1) has explained that Physiotherapists must have STR, Indonesia itself still many who violate it. The occurrence of similar cases is due to the causative factors for which a solution will be needed later. The purpose of this study is to determine the legal responsibilities. This research method uses the normative method. In resolving this case by applying legal responsibilities such as providing criminal sanctions in accordance with Law Number 36 of 2014 concerning Health Workers Article 85 paragraph (1), for Indonesian Physiotherapists, and Article 2 for Foreign Physiotherapists. There are several factors that cause this problem to form, therefore efforts are needed such as improving the government bureaucracy, conducting supervision, providing information to colleagues related to STR. The advice is to implement all of them well.

PERLINDUNGAN HUKUM TERHADAP PASIEN DALAM MENGGUNAKAN JASA DUKUN BERANAK DI MUARA BUNGO

Eriza Anwar — 2022-10-31

The aim of this study is to analyze why traditional birth attendants (dukun beranak) still practice in the working area of Puskesmas Muara Bungo, even though a partnership agreement with midwives has been made and they operate outside their scope of practice. The research problem focuses on how patients who use the services of traditional birth attendants are protected by the law and how legal sanctions are given to traditional birth attendants who conduct prenatal and delivery care without working with midwives. This study used a qualitative sociological juridical approach to examine the law as a social fact in social institutions. Primary data obtained directly from community behavior were conceptualized and analyzed using legal theory. The results of the study show that one of the reasons why the community still uses the services of traditional birth attendants in LK village is due to differences in religious and age factors between traditional birth attendants and village midwives. This condition leads to high maternal and neonatal mortality rates because pregnancies are not detected early, thus endangering the health of mothers and infants.

TINJAUAN HUKUM DAN ETIKA TERHADAP PENANGGUHAN PELAYANAN ESSENSIAL DI RUMAH SAKIT

Putu Sarjana — 2022-10-31

The suspension of essential healthcare services during the COVID-19 pandemic has raised ethical and legal considerations. This article provides a review of the legal and ethical aspects that should be considered when deciding to delay healthcare services deemed non-urgent. The legal aspect to consider is the patient's right to adequate healthcare and the right to receive clear and accurate information about their health condition, as well as the right to choose medical treatments. Delaying essential services can be done to control the spread of the virus and protect patients and healthcare workers, but must be done carefully and in accordance with ethical principles. Hospitals must consider factors such as patient needs, hospital capacity, and resource availability before delaying essential services. It is also important for hospitals to communicate clearly and accurately with patients about the decision to delay essential services and provide safe alternatives for care or treatment delays. When suspending essential services, hospitals must consider the legal and ethical aspects to ensure that patient rights are respected and that adequate healthcare services remain available.

TANGGUNG JAWAB HUKUM DOKTER DI BIDANG PELAYANAN FORENSIK DALAM PEMBUATAN VISUM ET REPERTUM (VER) PERKARA PIDANA ASUSILA

Ayu Welly Jovita — 2022-10-31

Visum et Repertum (VeR) is an official document that can be used as evidence in sexual criminal cases, which is created by a forensic doctor who has legal responsibility. This study presents three research questions, namely the legal responsibility of forensic doctors in the creation of VeR, the obstacles they face, and the legal consequences of any violations in the creation of VeR. The research method used is an empirical juridical approach with qualitative descriptive data analysis using primary and secondary data. The results show that the legal responsibility of forensic doctors in creating VeR is based on Article 179 of the Criminal Procedure Code. The obstacles faced include a lack of personnel who understand forensic medical science, budget constraints to fulfill the necessary facilities and infrastructure, and empathy for victims of sexual crimes. Solutions that can be done include improving the quality of human resources through training, education, and socialization, improving facilities and infrastructure, and socializing with the community to encourage medical actions, such as allowing autopsies on sexual assault victims. The legal consequences of any violations in the creation of VeR can result in criminal punishment and ethical sanctions for doctors.

PERLINDUNGAN TERHADAP ANAK KORBAN PELECEHAN SEKSUAL DENGAN MODUS TRANSFORMASI SEKSUAL (STUDI KASUS DI KABUPATEN CIANJUR)

Trini Handayani — 2022-10-31

This study discusses efforts to protect children who have been victims of sexual abuse with the modus operandi of sexual transformation in Cianjur Regency. The purpose of this study is to determine the protective measures taken by relevant parties and the factors that influence the success of protection. The method used is descriptive qualitative with data collection techniques in the form of in-depth interviews and participatory observation. The study subjects include child victims, families, police, courts, and child protection agencies. The results show that protection for children who are victims of sexual abuse with the modus operandi of sexual transformation is still less than optimal due to factors such as lack of public knowledge, insufficient trained personnel, lack of support from families and society, as well as administrative and legal issues. Therefore, serious and integrated efforts are needed to protect children who are victims of sexual abuse with the modus operandi of sexual transformation by increasing public knowledge, training relevant personnel, providing moral and psychological support, and evaluating existing policies and regulations.