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All Journal Jurnal Hukum Kesehatan Indonesia
Hari Pudjo Nugroho
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Humanities Law, Crime, Criminology & Criminal Justice Public Health

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ETIKOLEGAL HAK MENOLAK PERAWATAN PADA MASA PANDEMI: PERTENTANGAN HAK INDIVIDU DAN MASYARAKAT Hari Pudjo Nugroho
Jurnal MHKI Vol 1 No 01 (2021): Volume 01, Nomor 01, April 2021
Publisher : Masyarakat Hukum Kesehatan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.418 KB) | DOI: 10.53337/jhki.v1i01.4

Abstract

During the Covid-19 pandemic, where transmission is effortless to transmit between humans, the patient's right to accept or refuse part or all of the treatment or treatment for himself is abolished because it is to protect the rights of others and the community so as not to become infected by these patients. The patient's right to participate is excluded if the patient is suffering from a disease categorized as fast-spreading. The patient is in a condition of incapability to make decisions. The patient's participatory right to refuse or accept part or all of the treatment to be given to him or her forms the basis of other rights provided for by law. The patient's participatory right does not eliminate the patient's responsibility not to transmit the disease to others. The burden of this patient has been regulated in the existing laws and regulations, even up to maximum remedial punishment. Statute approach and conceptual-eclectic (conceptual approach) to Law Number 36 of 2009 concerning Health regarding the norms of preventing the transmission of disease outbreaks.  To further provide a critical note for normalization and implementation of the law, which is expected to provide justice for the legal interests of individuals and society.
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