Jurnal Hukum dan Etika Kesehatan (JHEK)
Jurnal Hukum dan Etika Kesehatan adalah jurnal hukum open-access-peer-reviewed yang berafiliasi dengan Magister Hukum Universitas Hang Tuah dan diterbitkan oleh Universitas Hang Tuah. Jurnal ini bertujuan untuk menjadi wadah bagi para sarjana dan praktisi hukum untuk menyumbangkan gagasan-gagasannya yang dihasilkan dari penelitian hukum dan etika kesehatan serta artikel-artikel konseptual untuk disebarluaskan kepada publik untuk perkembangan hukum Indonesia. Itu diterbitkan dua kali setahun pada bulan Maret dan September. Ruang lingkup pasal-pasal tersebut menyangkut masalah hukum dan etika kesehatan yang meliputi Hukum Kesehatan, Hukum Maritim, Hukum Internasional, Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Tata Usaha, Hukum Kesehatan Masyarakat, dan Yurisprudensi.
Articles
28 Documents
<![CDATA[Penerapan Asas Proposionalitas dalam Kontrak Layanan Kesehatan antara Rumah Sakit dan Badan Penyelenggara Jaminan Sosial (Bpjs) ]]>
<![CDATA[Solikah Sriningsih]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.11
<![CDATA[This study is to determine the relationship between the health service cooperation contract between the hospital and the Social Security Administration (BPJS). and to see that the principles of proportionality have been applied in the cooperation contract between the hospital and the Social Security Administering Body (BPJS). Types of health service cooperation contracts between hospitals and the Social Security Administering Bodies (BPJS) are as follows: a. Formed from two parties, namely the Social Security Administering Body (health insurance agency) and the hospital (health service provider). And b. The Social Security Administering Body has the responsibility of collecting and assisting health insurance program participants who then come from the hospital as the health provider for BPJS program participants.The application of the principle of proportionality in the cooperation contract between the hospital and the Social Security Administration (BPJS) in the implementation has been applied to all stages of the contract including: contract, contract implementation, and post-contract. The principle of proportionality animates in all stages of the contract where in principle there has been a transfer of rights and obligations according to the burdens and responsibilities of each party.]]>
<![CDATA[Perlindungan Hukum Bidan dalam Tindakan Pemasangan Alat Kontrasepsi dalam Rahim (AKDR) di Puskesmas ]]>
<![CDATA[Santa Lussia Yunica]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.12
<![CDATA[Increasing population growth can be suppressed through the Family Planning (Keluarga Berencana/KB) program, one of which is the installation of uterine contraceptive devices (IUDs) by midwives at the Puskesmas. Juridically, the midwife has the authority to install an IUD. However, contraceptive failure often occurs, in which midwives can face criminal or civil lawsuits regarding the IUD insertion case. The method in this study is a normative juridical approach to the law (statue approach) and conceptual approach (conceptual approach). Related to the problem of IUD insertion failure, midwives are only responsible for the installation actions according to their competency standards. While the results of failures that may occur can not be accounted for because the transactions that occur between midwives and patients emphasize the maximum effort of the midwife. Minister of Health Regulation No. 28 of 2017 related to the Licensing and Implementation of Midwife Practices that discusses the rights and authority of midwives regarding contraception. To ensure legal certainty, clear regulations regarding the profession of midwife are set out in the Midwifery Law.]]>
<![CDATA[Pengobatan Medis oleh Perawat dan Bidan dalam Manajemen Terpadu Balita Sakit ]]>
<![CDATA[Aloysius Tri Joehanto]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.13
<![CDATA[This study analyzed a normative legal research on conflict resolution of norms of legislation related to the implementation of Integraded Management of Childhood Illness abbreviated as IMCI or Manajemen Terpadu Balita Sakit abbreviated as MTBS which discusses two problem fornulations, namely: first, are nurses and midwives have authority to conduct medical treatment in the application of MTBS? Second, what are the juridical consequences of medical treatment by nurses or midwives in the application of MTBS? This research uses a statue approach and conceptual approach. Nurses and midwives do not have the authority to provide medical treatment in the application of MTBS on the basis of Permenkes Nomor 25 Tahun 2014 tentang Upaya Kesehatan Anak Pasal 25 ayat (2) dan ayat (3) that MTBS is performed by trained nurses and midwives and in its implementation should be supervised by the doctors who have been trained, as this may lead to conflict of norms of existing legislation because of the authority to make clinical decisions based on the diagnosis of a disease and medical treatment efforts in the application of MTBS is the authority of the medical or doctor as regulated in Undang-Undang Nomor 29 Tahun 2004 tentang Praktik Kedokteran Pasal 35 ayat (1). Health workers in carrying out practices should be conducted in accordance with the authority based on their competence to ensure legal certainty and sense of justice in order to improve the welfare of the community. On the one hand providing protection for doctors, nurses and midwives and on the other hand provides protection also for users of health services to achieve a quality service, safe, non-discriminatory and remain affordable.]]>
<![CDATA[Tanggung Jawab Hukum Jasa pengangkut Limbah dalam Pengelolaan Limbah Medis Padat Rumah Sakit ]]>
<![CDATA[Anindya Dwita]]>;
<![CDATA[Mohammad Zamroni]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.14
<![CDATA[Hospitals not only produce ordinary waste, but also produce infectious waste and other medical waste that can interfere with health and is one of the media for the spread of disease. PP PLB3 has stated that every waste producer is obliged to process the waste, if he cannot do it himself, he can hand it over to another party. Not all hospitals in Indonesia have their own waste processing capability, giving rise to the need for hospitals to work together with waste transport services to bring the medical waste they produce to more licensed waste processing services in Java. The transportation activity has a high risk given the characteristics of the waste carried and the risk of environmental pollution caused. In the process of transporting hospital medical waste there is no definite guarantee that in the course of transportation there is no negligence or intentionality of the waste transporter to not dump the solid medical waste he carries. The research method used in this study is a normative juridical method (literature study), namely the method or method used in legal research conducted by examining existing library materials. The approach in this study is the Statute Approach, which is the approach used to examine and analyze laws and regulations relating to legal issues under investigation. The second approach is the Conceptual Approach (conceptual approach) which is an approach that departs from the views and doctrines that develop in law. The government itself has issued a number of rules governing the problem of managing solid medical waste, and in the event of environmental pollution the parties involved are subject to strict liability principles both civil and criminal. Legal protection efforts carried out by hospitals are preventive legal protection efforts by implementing an Environmental Management System, taking precautions in managing solid medical waste internally and improving cooperation agreements with waste transport and processing services]]>
<![CDATA[Perlindungan Hukum bagi Bidan Praktik Mandiri dalam Menjalankan Praktik Kebidanan ]]>
<![CDATA[Rezky Fransilya Sumbung]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.15
<![CDATA[Legal Protection for Practicing Midwives is regulated in Law Number 36 Year 2014 concerning to Health Workers, Articles 57 and 75. Article 57 stipulates that: "personnel in carrying out practices have the right to legal protection as long as they carry out their duties in accordance with professional standards, professional service standards, and standard operating procedures." Article 75 stipulates that: "in carrying out the practice, health workers have the right to legal protection in accordance with statutory provisions". Likewise in Permenkes 1464 / Menkes / Per / X of 2010 concerning Permits and Practices of Midwives Article 19 stipulates that: "in carrying out practice / work, midwives have the right to obtain legal protection in carrying out practice / work as long as it is in accordance with standards". This paper will explain about the authority of midwives in implementing midwife practices and legal protection for midwives in implementing independent midwives. The purpose of this paper is to analyze the authority of independent practice midwife services and to examine the form of legal protection for independent practicing midwives in the implementation of independent practice midwives. The author uses a research method with a normative juridical type and the approach issue using statutory approach, a conceptual approach and a comparative approach.]]>
<![CDATA[Tanggung Jawab Hukum Praktik Tanpa Surat Izin oleh Penata Anestesi di Rumah Sakit (Studi di Rumah Sakit Umum Daerah Sangatta) ]]>
<![CDATA[Edi Prayitno]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.16
<![CDATA[Health jurisdiction is growing up nowadays. Juridically, hospital takes over all the charge of negligence caused by health workers in the hospital. As the preventive, the hospital did credential to all health workers that do the direct medical treatment, one of them is ownership of the license. There are law issues in hospital’s services, such as practice without a license that are done by anesthesia directors. It causes legality problems and burdens charge from practice without license that are did by anesthesia director in hospital. The research method is normative juridical, using statute approach and conceptual approach. The result of research obtains that hospital does not take the charge and take the responsibilities legally about the practice without a license that are done by anesthesia director, depends on agreement letter between hospital and anesthesia director. So that respondeat superior doctrine that implied in article 46 Law Number 44 Year 2009 concerning to The Hospital, do not apply absolutely.]]>
<![CDATA[Pelimpahan Wewenang dari Dokter Kepada Perawat dalam Melakukan Tindakan Intubasi ]]>
<![CDATA[Anik Sulistiyowati]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.17
<![CDATA[This study examines the legal relationship between nurses and doctors in the work unit in the ICU in carrying out the act of intubation and law enforcement against nurses who intubate. The method used in this research is normative juridical research, namely research using statutory regulations which includes three layers of legal scholarship consisting of a study of legal doctrine, legal theory and legal philosophy. The results of the discussion found that from a legal perspective, the delegation of authorized medical action in hospitals from doctors to nurses has been thoroughly regulated in accordance with the Law. To overcome disputes and the law, it is necessary to have laws and regulations which in detail talk about the legal answers to doctors and nurses in administering health services, both administrative, criminal and civil legal responsibility.]]>
<![CDATA[Perlindungan Hukum Perawat atas Pelimpahan Wewenang dari Dokter dalam Melakukan Tindakan Medis Jahit Luka di IGD Rumah Sakit ]]>
<![CDATA[Khusnul Huda]]>;
<![CDATA[Mokhamad Khoirul Huda]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 NOMOR 1 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i1.18
<![CDATA[The insufficiency of medical personnel ( doctors ) incurs a situation where nurses are required to perform medical action (suturing) that is not within his domain. The action was done with or without the delegation of authority from the doktors. The characteristic issues on the delegation of authority of the medical action (suturing) to the nurses and the legal coverage for the nurses in hospital’s emergency wards. The purpose of this research is to determine the characteristics of transfer of authority to perfrom the medical action of suturing to the nurses and to ascertain legal protection for the nurses performing the action in a hospital emergencr wards. This research uses legal, conceptual and comparative approaches. This research found that there exist a regulation on the transfer of authority from doctors to nurses to perform medical action such as suturing, which are Act No. 38, 2014 on nursing and the ministry of Health’s Ordinance No. 26, 2019 on the Regulation of the Implementation of Act No.38, 2014on Nursing. In the practice, the Implementation of these regulations suffers from the lack of socialization of the rules that governs the delagation of authority. The medical action (suturing) conducted by the nurse falls on the doctor, morally and legally, since it was done on the doctor’s instruction]]>
<![CDATA[Pertanggungjawaban Hukum Direktur Rumah Sakit Dalam Pelaksanaan Terapi Oksigen Hiperbarik ]]>
<![CDATA[Siti Hamidah]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i2.19
<![CDATA[The community's need for quality and affordable health services cannot be delayed any longer and a dynamic and increasingly critical Indonesian society demands sophisticated and humane professional services. The Ministry of Health has a health service policy that is based on the vision of an independent community to live healthily and has a mission to make people healthy. One of the health services that is needed by the community is hyperbaric oxygen therapy, which is a therapy using pure oxygen in a high-pressure room which was originally used as the main treatment for diving diseases, now hyperbaric has also been used as an additional treatment and other treatment options for the general public to help cure various diseases. With the increasing public demand for hyperbaric oxygen therapy services and many hospitals that provide services for this therapy. The government through the Minister of Health needs to issue a Decree of the Minister of Health Number 120 / MENKES / SK / II / 2008 concerning Hyperbaric Medical Service Standards. The establishment of operational standards in the implementation of hyperbaric oxygen therapy is a reference for the responsibility of the Hospital Director as the executor of the therapy service provider.]]>
<![CDATA[PERLINDUNGAN HUKUM DALAM PERJANJIAN KERJA LAUT BAGI PELAUT BERDASARKAN MARINE LABOUR CONVENTION ]]>
<![CDATA[Moch Zainuddin]]>
<![CDATA[ Jurnal Hukum dan Etika Kesehatan VOLUME 1 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law- Hang Tuah University ]]>
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DOI: 10.30649/jhek.v1i2.20
<![CDATA[Seafaring is a profession that is full of challenges, the need for the profession of seafarers in the world is increasing in direct proportion to the rate of increase in the world economy. Indonesia is one of the members of the IMO (International Maritime Organization), with a number of seafarers of more than one million workers, which are expected to become a commodity for seafarers to be able to increase foreign exchange earnings for the State of Indonesia as a member of the IMO who attended the 2006 MLC conference which was held in Geneva, Switzerland. . With the presence of Indonesia as a member of the IMO at the 2006 MLC, the State is present in legal protection for the welfare of seafarers in Indonesia which is equivalent to the welfare of world seafarers regarding the arrangement of work contracts and seafarers' salaries, there are still salaries that are below the standard not in accordance with the rules of the ILO (International Labor Organization). ) a minimum of $ 614 or Rp. 8,643,769,- (exchange rate of $1 = Rp. 14,077,-). The government is still implementing regulations regarding the wages of Indonesian seafarers in accordance with the UMR of the area where the domicile of the shipping company is located. This discrepancy creates a conflict of legal norms. Legal protection for seafarers, especially regarding welfare, needs to be applied referring to Government Regulations and Legislation and supervised by a body formed by the government for the sake of the principle of justice in the world of work for the seafaring profession.]]>
