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All Journal JHR (Jurnal Hukum Replik) International Journal of Social Sciences Review
Mohamad Noor Fajar Al Arif
Universitas Sultan Ageng Tirtayasa
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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CRIMINAL LAW ENFORCEMENT ANALYSIS AGAINST INDEPENDENT PRACTICE MIDWIVES IN COMMITTING UNLAWFUL ACTS Ayu Endang Astuti; Aan Asphianto; Mohamad Noor Fajar Al Arif
JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i2.6226

Abstract

The phenomenon of maternal and infant mortality in Banten Province is still high. Based on data released by the United States Agency for International Development (USAID) Jalin, in Banten Province every week there are an average of 5 mothers and 27 newborns who die the highest deaths are in Pandeglang Regency with 59 cases. and when the public's need for health services increases, especially midwife services, it is not balanced by the expertise and skills of midwives to form a good service work mechanism. So often we also find midwife services not in accordance with their authority. The problems that the author will discuss are related tothe criminal law enforcement of the actions of midwives who are against the law and the authority of independent practice services in Pandeglang Regency and theimplementation of legal policies regarding criminal acts in cases of malpractice in Pandeglang Regency. The method used in this study is a normative juridical descriptive method using a problem approach with the Law by prioritizing primary data and secondary data. The results of this study that midwives who carry out obstetric services are not in accordance with applicable regulations, will be sanctioned in accordance with the Minister of Health of the Republic of Indonesia Number. 1464/Menkes/PER/X/2010 on the licensing and administration of midwife practices. Sanctions given to midwives can be in the form of revocation of the midwife's practice license, revocation of Surat Izin Praktek Bidan temporary, or it can also be a fine. In addition, midwives can also be sentenced to prison if they violate the laws and regulations. If a midwife violates the code of ethics, the settlement of this matter is carried out by the midwife professional forum, namely the Midwife Professional Council or the Indonesian Midwife association.Keywords: Law Enforcement, Midwives, and Unlawful Acts
Patients' Rights Fulfillment towards Medicines Information Services; Law Enforcement and Pharmacist Criminal Liability Dyah Suryani Sulistyaningtyas; Rena Yulia; Mohamad Noor Fajar Al Arif
International Journal of Social Sciences Review Vol. 3 No. 2: October, 2022
Publisher : Epistemik Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (178.897 KB) | DOI: 10.57266/ijssr.v3i2.98

Abstract

This article aims to determine law enforcement towards pharmacists who do not fulfil patients' rights to access medical information services and criminal liability towards pharmacists who do not provide medical information services to patients. This research is normative juridical research using a legal approach. The results obtained in this study show that law enforcement towards pharmacists who do not provide fulfilment of patients' rights to medicines information services. In terms of legal substance, aspects have been regulated in Law Number 36 of 2009 on Health Article 196, Law Number 8 of 1999 on Consumer Protection Article 45 and Article 47, Article 359 and Article 360 of the Criminal Code, Organizational Regulation of the Indonesian Pharmacists Association Number: PO.007/PP.IAI/1822/XI/2020 concerning Assessment Guidelines and Standard Operating Procedures for Handling Violations of the Indonesian Pharmacist Code of Ethics, Indonesian Pharmacists Association. However, from the aspect of the legal structure, it is still not firm enough in its implementation. It is influenced by the culture of the apparatus and society, which still prioritizes using restorative justice methods and does not understand patients' rights in medical information. Related criminal liability for pharmacists who do not provide medical information services has not been implemented as per the existing rules. Implementing existing regulations resolves criminal liability by agreement between both parties, usually by replacing the appropriate medicine and covering the patient's medical expenses.
Co-Authors Aan Asphianto Ayu Endang Astuti Dyah Suryani Sulistyaningtyas Rena Yulia