Indriani, Nuri
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PENERAPAN SANKSI TERHADAP TENAGA KESEHATAN YANG MENOLAK PASIEN GAWAT DARURAT MENURUT UNDANGUNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DAN UNDANG-UNDANG NOMOR 36 TAHUN 2014 TENTANG TENAGA KESEHATAN DI KOTA PEKANBARU Indriani, Nuri; Firdaus, Emilda; Erdiansyah, Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

In the second amendment to the 1945 Constitution of the Republic of Indonesiadetailing human rights (human rights) contained in article 28 (28 A to 28 J), one importantelement of human rights is health, regarding this matter our constitution states that everyonehas the right to live in prosperity physically and spiritually reside, and get a good andhealthy environment and the right to obtain health services, hospitals as organizations havean important role in optimizing the degree of public health optimally. In the last case therewas a hospital that refused emergency patients even though in accordance with the sound ofArticle 32 paragraph (2) which reads "in an emergency, health care facilities, both thegovernment and the private sector are prohibited from rejecting patients and / or asking foradvances. The purpose of this writing is; the first is the application of health personnelsanctions that reject emergency patients, the two factors that prevent the police fromenforcing the law against health workers who reject emergency patients.This type of researchcan be classified into the type of sociological research, because in this study directly conductresearch on the location or place studied to provide a complete and clear picture of theproblem under study. This research was conducted at the RI Ombudsman RiauRepresentative and Riau Regional Police, while the population and samples were all partiesrelated to the problems examined in this study, data sources used, primary data, secondarydata, and tertiary data, data collection techniques in research this is by observation,interview and literature study. From the results of the research problem there are two pointsthat can be concluded. The first is the application of sanctions to health workers who rejectemergency patients, that the imposition of sanctions on health workers is not carried out inaccordance with Law Number 36 of 2009 in the form of criminal sanctions and fines. The twofactors that were the friend of the police in enforcing the law against health workers whorefused emergency patients, while the obstacles faced by the police in enforcing the lawagainst health workers were due to a lack of public awareness about the law and becausethere were no reports from the public. Suggestion The author, first, is expected to imposecriminal sanctions on health workers who reject emergency patients need to be carried out inaccordance with applicable laws and regulations. Secondly, the police do not wait for publicreports because cases of health workers rejecting emergency patients are an ordinaryoffense. not complaint complaints so there is no need for a complaint or report to investigatethe case.Keywords: Sanctions - Health Workers – Emergency