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Hak Konstitusional Korban atas Pengadilan HAM yang Kompeten, Independen, dan Imparsial Yustina Trihoni Nalesti Dewi
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Court of Human Rights, guarantee a fair trial for the sake of protecting human and human dignity must be realized in line with the principles of the Indonesian nation berketuhanan and equitable. The establishment of a Human Rights Court will be the initial parameters that indicate to what extent the seriousness of the Government of the Republic of Indonesia to protect and promote human rights as mandated by the Pancasila as Cita Law (Rechtsidee). Court of Human Rights also be a stepping stone towards the reform of the legal system in Indonesia. Guarantees the right to a fair trial under Article 28 D (1) of the Constitution of 1945, which then further elaborated by Article 24 of the 1945 Constitution of the judicial power. However, what was before the law and According to the law is not necessarily so in fact before the court and According to the court. Empirical experience shows the benefit of victims in court human rights are often violated because of various political interests. In order to maintain accountability of the judicial process at the Human Rights Court, need community involvement as a control in order to increase awareness of the implementation of a fair trial. It is very important is the guarantee of public trials that are part of a fair trial with the aim of protecting the interests of the accused or the victim of the confidentiality of a hearing in the absence of public scrutiny.

Legal Aspect of Teleradiology at Hospital in Fulfillment of Patient Right Adrian Benhard Mardi Putra; Trihoni Nalesti Dewi; Daniel Budi Wibowo
SOEPRA Vol 4, No 2: Desember 2018
Publisher : Universitas Katolik Soegijapranata Semarang

The geographical situation and the disparity of the radiologist distribution make access to radiology services in rural, remote and island areas unmet. The presence of teleradiology can eliminate such gaps by increasing the speed and accuracy of diagnoses through technological assistance carried out in stages through the regulation of the telemedicine pilot project. Although teleradiology is currently still limited to trials, it is necessary to consider legal aspects, such as fairness, usefulness and legal certainty to the fulfillment of patient rights.This study is sociological-juridical with explanatory research specification. This study uses primary data obtained from in-depth interview to 6 informants consisting of 1 region head IDI, one head of medical support head, 1 ICT legal expert, with one radiologist with two radiographers who is performing teleradiology. Meanwhile, secondary data as media supporting obtained through by literature and legislation review. Furthermore, data obtained are processed and analyzed qualitatively. Based on the results of research in dr. Wahidin Sudirohusodo Makassar Hospital and H.A. Sulthan Daeng Radja Bulukumba Hospital, the implementation of teleradiology in both hospitals resulted in some of the patient's rights being unfulfilled due to infrastructure constraints, limited human resources and lack of socialization. Patients are not entitled to informed consent and the provision of medical information. The right to the second opinion is also not fulfilled so that the patient does not get a chance to seek a second chance on the diagnosis of his illness. The non-fulfillment of both rights also affects the right to patient safety in the hospital in the case of management and taking action due to incomplete medical record data. As for the legal aspects to be achieved in the implementation of teleradiology, i.e., equity, usefulness, and legal certitude aspect. However, from these three aspects, the legal certitude aspect is not implemented properly as part of the fulfillment of patient rights due to existing regulations not to set certain things that can provide legal protection for provider or recipient of teleradiology service.

Human Rights Perspectives on Voluntary Health Workers Nurses Who Work at Government Agencies Zainal Abidin; Y. Trihoni Nalesti Dewi; Tuntas Dhanardhono
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

Nurses as professionals whose existence is recognized by the State have rights that should be fulfilled and protected as professionals and general citizens. The rights that have been guaranteed by various laws and regulations are supposed to remain insufficient to comprehensively accommodate voluntary health worker nurses spreading over the country.Various Indonesian laws and regulations on human rights have guaranteed the rights to work and decent life as well as the rights to recognition, legal certainty, and legal protection. This study aimed to know about the rights to obtain work and decent life viewed from the human rights perspective besides knowing about the guarantee of recognition, legal certainty, and legal protection to voluntary health worker nurses at Bima City, West Nusa Tenggara Province.This study was conducted at Bima City’s General Hospital and Paruga Health Center (Puskesmas). It applied a socio-legal approach and explicative-analytical specification. The data-gathering technique was carried out through interviews with informants, namely the Head of General and Personnel Affairs of Health Office of Bima City, the Head of General and Personnel Affairs of Personnel and Human Resources Office of Bima City, the Head of General and Personnel Affairs of Bima City’s General Hospital and Puskesmas Paruga beside twenty voluntary health worker nurses.The results of this study showed that there was no written legal regulation regarding the procedure of recruiting voluntary health worker nurses in the form of regional regulation nor the Mayor’s Decree that could be used as a legal basis for recruiting voluntary health worker nurses. This led to implications of the fulfillment of the rights to the voluntary health worker nurses, especially in the matters of work and decent life beside guaranteed legal recognition, certainty, and protection.

Pemenuhan Kesehatan Gigi Anak Penyandang Retardasi Mental Dalam Perspektif Hak Asasi Manusia Nendika Dyah Ayu M.; Y. Trihoni Nalesti Dewi; Edi Sumarwanto
SOEPRA Vol 4, No 1: Juni 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Mental retardation is a decrease in cognitive, motoric and social abilities.Mental retardation in indonesia reach 30.460 in 2012. Mental retardation characterized byindex IQ less than 70, it cause limitation in motoric skills such as brushing teeth.Theinability to brush their teeth will affect in their oral health, that can increase variousoral disease, so children with mental retardation need a affirmative action. Law Number36 Year 2009 on Health, Law of the Republic of Indonesia Number 8 Year 2016 on Personswith Disabilities and Law of the Republic of Indonesia Number 19 Year 2011 on RatificationConvention On The Rights Of Persons With Disabilities explained that children withmental retardation deserve highest degree of health without discrimination and getaffirmative action according to their disability.A method of the research is a qualitative method.The approach method is juridicalsociological. Data that used in this research are primary and secondary data.The primarydata are from interviews with pediatric dentist, director of the hospital , teachers SLB ,principal SLB and jurist. Secondary data are from literature study which supporting theprimary data.The results show that the existing regulation only give an obligation for the governmentto fullfil. If they are not implementing the regulation, there is no reporting mechanismand regulatory sanctions. In practice, the right to obtain socialization or informationabout dental health of children with mental retardation, the right to access facilities andparamedics without discrimination, and the right to get affirmative action such as dentalteam service, communication, visitation hours, dental chair and treatment specificallystated on the regulation of the minister of health number 89 of 2015 on dental and oralhealth efforts is not based on that regulation. Without any sanctions, the existingregulation has not been able to guarantee the compliance the right of dental health forchildren with mental retardation. So that it isn’t sufficient as a basic for the complianceof the human rights.

Legal Protection For Doctors In Doing Medical Activities Related To The Distribution Of False Vaccine In Semarang District Totok Sumariyanto; Trihoni Nalesti Dewi; Tjahjono Tjahjono
SOEPRA Vol 4, No 1: Juni 2018
Publisher : Universitas Katolik Soegijapranata Semarang

The case of the false vaccine circulation that occurred in Indonesia in mid-2016 had horrendous World Health and raising fears in society. This case raises the impact on doctors who provide vaccine or immunization to the patient. Due to the false vaccine case resulted in lowered public confidence towards the world of health, especially do immunization in toddlers. Concerns also arise on a doctor who gave the vaccine, because his own doctors did not know whether the vaccine will be given to the patient's original or false. It is interesting to be researched by the author to know about circulation and surveillance of vaccine in the area of Semarang. The research method used in this thesis is sociological juridical. Data collection was done with primary and secondary data that were gathered by interviews with some resources, such as Head of BPOM Central Java, Chairman IDI Semarang District, Head of District Health Office of Semarang, Pharmaceutical procurement department in Semarang District Hospital, doctor of RSUD Kabupaten Semarang who do the vaccine directly to patients, as well as library studies and related documents. This research is done explanatively. The result of the research, it can be concluded that the regulation concerning the circulation of drugs or vaccine in Indonesia is adequate. The process of circulation and procurement of vaccines in the district of Semarang on RSUD Ambarawa and RSUD Ungaran have been conducted in accordance with the procedures, including also in the implementation of the procurement of the vaccine so well controlled. Responsibility for the false vaccine relief in Indonesia is the responsibility of BPOM and the Health Department. The circulation of drugs or vaccines may not be able to circulate in the community in a strict supervision and control and periodically by BPOM and the health service is running properly

Legal Standing of Apprentice Midwives as Health Personnels in Providing Health Services A Case Study at Health Center II of Melaya, Jembrana, Bali Tias Rizki Ferlina; Trihoni Nalesti Dewi; Hadi Sulistyanto
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Jembrana Jembrana District was one of the Districts implementing health services through midwife apprenticeship program. One of the requirements of what so-called apprentice midwives was they who had graduated from formal education of Diploma III and Diploma IV grades. The apprentice midwives appointment was conducted by the Head of the District Health Office and it was for two-year period. During the period of apprenticeship the midwives were under the guidance of Civil Servant or Contract midwives. This study used socio-legal approach and its specification was explicative in order to view, assess and explain the relationships between the legal standing of apprentice midwife within Indonesian legal system and the legal issues appearing about the job accomplishment of the apprentice midwives. The data consisted of primary and secondary data that were then qualitatively analyzed. The results of the study showed that there was no regulation regarding the legal standing of the apprentice midwives and this made the midwives legally unprotected. Midwife apprenticeship had been carried out since 2011 but it was not a regional policy, because there was no any Regional Regulation giving a basic arrangement on it. The Head of District Health Office appointed apprentice midwives without any authority base that was granted by any legislation nor without a discretionary authority by the Regent of Jembrana. The Internship Agreement explained that the apprentice midwifes should be willing and able not to get a service fee and not demand to be appointed as Civil Servants or Contract workers of the Health Office of Jembrana District, and the Health Office of Jembrana District did not issue maternity and child birth leave letters for apprentice midwives. Besides, for the midwives as health personnels the content of the Apprenticeship Agreement was therefore contrary to the Human Rights principles because there was no basic regulations of midwife apprenticeship, the fulfillment of midwife’s rights and, from its establishment point of view, the agreement was invalid. Therefore, the apprenticeship agreement could be concluded as null and void.

The Rights to Informed Consent to Mental Disorder Patient in The Action of Premedication Electro Convulsif Therapy (ECT) at Regional Mental Hospital of Dr. Amino Gondohutomo of Central Java Province Rahmiyati Rahmiyati; Y. Trihoni Nalesti Dewi; C. Tjahjono Kuntjoro; PJ Soepratignja
SOEPRA Vol 6, No 1: Juni 2020
Publisher : Universitas Katolik Soegijapranata Semarang

Medical action approval or informed consent is a communication process between patients and doctors; starting from giving information to the patients about anything dealing with the disease besides the medical actions that would be performed. If the patients understand they will then decide on their agreement. Therefore, patients with mental disorders need the assistance of their closest family members to understand the medical actions to be performed and to signify the informed consent following the Minister of Health’s Regulation Nr. 290 of 2008 on Approval of Medical Action.Informed consent was also given to the patients of RSJD Dr. Amino Gondohutomo before conducting Premedication ECT following the Director’s Decree Nr. 445/231/2017 on ECT Service Policy at the Regional Mental Hospital Dr. Amino Gondohutomo, Central Java Province. The services included Premedication ECT (under anesthesia) and Non-Premedication ECT (without anesthesia). In accomplishing the rights to informed consent to the mental patients in premedication ECT action some obstacles had encouraged me to make a study on it.This study used a socio-legal approach that would discuss the relevant regulations and see their implementation. The data were gathered by interviewing Deputy Directors, Medical Committees, Nursing Department, Legal Affairs, psychiatric doctors, nurses, and patients’ families besides having a library and related documents studies. The data were then qualitatively analyzed before being described and presented in a narrative form.Based on the results of the study it could be concluded that the rights to informed consent to mental patients in premedication ECT action had not worked well because the patients’ families did not know any information regarding the side effects and complications even though they had signed. The informed consent did not guarantee that the patients’ families understood the information. In carrying out the job the doctors did not provide detailed information and did not re-evaluate the information that had been given before. The inhibiting factor the right to get informed consent was the fact that the doctors only gave informed consent once for several actions. The other inhibiting factors were difficulty to contact the patients’ families, distant access to the patients’ families, and homeless patients.

Hak Konstitusional Korban atas Pengadilan HAM yang Kompeten, Independen, dan Imparsial Yustina Trihoni Nalesti Dewi
Jurnal Konstitusi Vol 11, No 2 (2014)
Publisher : The Constitutional Court of the Republic of Indonesia

Court of Human Rights, guarantee a fair trial for the sake of protecting human and human dignity must be realized in line with the principles of the Indonesian nation berketuhanan and equitable. The establishment of a Human Rights Court will be the initial parameters that indicate to what extent the seriousness of the Government of the Republic of Indonesia to protect and promote human rights as mandated by the Pancasila as Cita Law (Rechtsidee). Court of Human Rights also be a stepping stone towards the reform of the legal system in Indonesia. Guarantees the right to a fair trial under Article 28 D (1) of the Constitution of 1945, which then further elaborated by Article 24 of the 1945 Constitution of the judicial power. However, what was before the law and According to the law is not necessarily so in fact before the court and According to the court. Empirical experience shows the benefit of victims in court human rights are often violated because of various political interests. In order to maintain accountability of the judicial process at the Human Rights Court, need community involvement as a control in order to increase awareness of the implementation of a fair trial. It is very important is the guarantee of public trials that are part of a fair trial with the aim of protecting the interests of the accused or the victim of the confidentiality of a hearing in the absence of public scrutiny.

Legal Studies on the Practice of Protecting the Right to Health Adolescent Reproduction in Tuatuka Village Yetrim Inang Sula; Trihoni Nalesti Dewi; Hartanto Hartanto
Soepra Jurnal Hukum Kesehatan Vol 8, No 1: Juni 2022
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v8i1.4648

Abstract։ The condition of adolescent reproductive health is very important, the state must provide sources or channels that can be accessed by adolescents in fulfilling their rights to obtain adequate information and reproductive health services so as to avoid misleading information. This study aims to determine the regulation and implementation of the protection of adolescent reproductive health rights in Tuatuka Village. This study uses a sociological juridical approach. Data were obtained through interviews with parties from the Kupang District Health Office, Kupang District Education Office, Kupang District Ministry of Religion Office, Oesao Health Center, Tuatuka Sub-district Health Center, the community, parents and youth in Tuatuka Village. Data were analyzed qualitatively. The implementation of the fulfillment of adolescent reproductive health rights is carried out based on the provisions of regulations at the national level as outlined in the Minister of Health Regulation Number 4 of 2019 concerning Technical Standards for Fulfilling Basic Service Quality in Minimum Service Standards in the Health Sector, there are no regional policies related to adolescent reproductive health in the Kupang Regency area. Protection of adolescent reproductive health rights is more inclined to preventive protection efforts. Preventive efforts are carried out through screening students in schools, namely carrying out UKS, BIAS and TTD activities carried out by health center midwives. In a curative effort, the Kupang District Health Office has not fully made efforts to improve supervision in the implementation of the Adolescent Reproductive Health Service (PKPR) program available at the puskesmas, because the program has not been utilized by adolescents. Keywords: Legal Protection, Youth, Adolescent Reproductive Health Rights Abstrak: Kondisi kesehatan reproduksi remaja sangat penting, negara harus menyediakan sumber atau saluran yang dapat diakses oleh remaja dalam memenuhi haknya memperoleh informasi dan pelayanan kesehatan reproduksi yang memadai sehingga terhindar dari informasi yang menyesatkan. Penelitian ini bertujuan untuk mengetahui pengaturan dan pelaksanaan perlindungan hak kesehatan reproduksi remaja di Kelurahan Tuatuka. Penelitian ini menggunakan pendekatan yuridis sosiologis. Data diperoleh melalui wawancara dengan pihak-pihak dari Dinas Kesehatan Kabupaten Kupang, Dinas Pendidikan Kabupaten Kupang, Kantor kementerian Agama kabupaten Kupang, Puskesmas Oesao, Puskesmas Pembantu Tuatuka, masyarakat, orang tua dan remaja di Kelurahan tuatuka. Data dianalisis secara kualitatif. Pelaksanan pemenuhan hak kesehatan reproduksi remaja dilakukan berdasarkan ketentuan peraturan di tingkat nasional yang terjabarkan dalam Peraturan Menteri Kesehatan Nomor 4 Tahun 2019 tentang Standar Teknis Pemenuhan Mutu Pelayanan Dasar Pada Standar Pelayanan Minimal Bidang Kesehatan, belum ada kebijakan daerah terkait kesehatan reproduksi remaja di wilayah Kabupaten Kupang. Perlindungan hak kesehatan reprduksi remaja lebih cenderung kepada upaya perlindungan preventif. Upaya preventif, dilaksanakan melalui penjaringan siswa-siswi di sekolah yaitu melakukan kegiatan UKS, BIAS dan TTD yang dijalankan oleh bidan puskemas. Dalam upaya kuratif, Dinas Kesehatan Kabupaten Kupang belum sepenuhnya melakukan upaya perbaikan terkait pengawasan dalam pelaksanaan program Pelayanan Kesehatan Reproduksi Remaja (PKPR) yang tersedia di puskesmas, karena program tersebut belum belum dimanfaatkan oleh remaja. Kata kunci: Perlindungan Hukum, Remaja, Hak Kesehatan Reproduksi Remaja

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