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Journal : SOEPRA Jurnal Hukum Kesehatan

The Protection of The Right to Health Services for The People With mental Disorders Especially in Yogyakarta Based on Law Number 18 of 2014 Mental Health Esem, Odilia; Wahyati, Endang; Kuntjoro, Tjahjono
SOEPRA Vol 4, No 2: 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v4i2.1487

Abstract

The rights to health care were basic rights that were subjected to every person, including people having mental disorders (ODGJ). The ODGJ had the same opportunity to get health services through the mental health facilities, mental health workers, mental health supplies provided by the government. This study aimed to know the regulation on ODGJ?s health service rights, the implementation of the protection of ODGJ?s rights to health services and the factors affecting the implementation of the protection of ODGJ?s rights to health services. The research was conducted at the Special Province of Yogyakarta (DIY) namely in Grhasia Mental Hospital, Panembahan Senopati General Hospital of Bantul and Mergangsan Public Health Center. This research applied a socio-legal approach having an analytical-descriptive specification. The data gathered were primary and secondary data that were obtained by field studies and literature study. The field studies were conducted by interviews with the directors of the hospitals, Head of the Public Health Center, Head of Health Office, and ODGJ?sfamilies. The data were then qualitatively analyzed. The results of the study showed that there had been provisions ODGJ?s rights to health services based on the Republic of Indonesia?s Constitution, Act Nr. 39 of 1999 on Human Rights, Act Nr. 36 of 2009 on Health, Act Nr.18 of 2014 on Mental Health, Minister of Health?s Regulation Nr. 43 of 2016 on Minimum Service Standard in Health Sector, Yogyakarta Special Province?s Regulation Nr. 1 of 2014 on Vagrant and Beggars and Yogyakarta Governor?s Regulation Nr. 81 of 2014 on Guidance for Stocks Placement Prevention. Health services for ODGJ had been accomplished in Yogyakarta Province by providing health facilities at both the hospitals and the public health center as well. However, the protection of ODGJ?srights to health services had not been optimally fulfilled. It was influenced by several factors namely juridical, social and technical factors.
Tanggung Jawab Hukum Terhadap Pelaksanaan Asuhan Persalinan Patologi Oleh Bidan Di Rumah Sakit Umum Daerah Kabupaten Batang Samuri, Samuri; Yustina, Endang Wahyati; Kuntjoro, Tjahjono
SOEPRA Vol 1, No 1 (2015)
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v1i1.1288

Abstract

Rumah Sakit merupakan institusi pelayanan kesehatan yang memberikan pelayanan kesehatan perorangan yang satunya adalah pelaksanaan asuhan persalinan patologi. Pelaksanaan asuhan persalinan patologi merupakan kewenangan atribusi dokter spesialis obetetri ginekologi yang dapat dimandatkan kepada bidan namun juga ada konsekuensi hukumnya.Metode penelitian yang digunakan dalam penelitian ini adalah yuridis sosiologis dengan spesifikasi deskriptif analitik. Penelitian ini bertujuan untuk mendapatkan gambaran tentang tanggung jawab hukum pelaksanaan asuhan persalinan patologi di Rumah Sakit Umum Daerah Kabupaten Batang. Responden sebanyak 11 bidan pelaksana di RSUD Kabupaten Batang.Hasil penelitian pelaksanaan asuhan persalinan patologi sebagian tidak sesuai dengan ketentuan Peraturan Menteri Kesehatan Nomor 1464/Menkes/Per/X/2010 tentang Izin dan Penyelenggaraan Praktik Bidan, Keputusan Menteri Kesehatan Indonesia Nomor 369/Menkes/SK/III/2007 tentang Standar Profesi Bidan dan Keputusan Menteri Kesehatan Nomor 938/Menkes/SK/VIII/2007 tentang Standar Asuhan Kebidanan. Konsekuensi hukumnya yang menjadi tanggung jawab bidan sebagai pelaksana asuhan persalinan, pada Rumah Sakit dan dokter pelimpah kewenangan, meliputi tanggung jawab hukum administrasi, perdata dan pidana.
Legal Protection for Nurses in Non Civil Servants in Health Centers in Langgudu Sub-District Bima Regency After the Enactment of Law Number 38 the Year 2014 Concerning Nursing Muhajirin, Al; Kuntjoro, Tjahjono; Indrayati, Yovita
SOEPRA Vol 4, No 2: 2018
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v4i2.1486

Abstract

Local Government Clinic in Langgudu Subdistrict, Bima Regency, is one of the Government institutions that employ health and non-health workers. One of the health workers themselves is nurses. Nurses who practiced at the clinic have recruited both nurses who have the status of civil servants, impermanent officers, and voluntary nurses. The voluntary nurses who were recruited and appointed by the head of the clinic. On the other hand, the recruitment in the local government should comply with the legislation of the state civil apparatus. As the recruitment is not by the legislation of the state civil apparatus, it will have an impact on the legal protection for the nurses in a local government clinic. ??????????????? This research was done at a clinic in Langgudu subdistrict of Bima Regency using sociology juridical research method. The specification of the research was descriptive analytic using primary and secondary data. Data collection techniques used in the research was face to face interview, question draft distribution, and interview by phone. The Information or resource of this research was the head of the health official, heads of clinics in Langgudu subdistrict and the chairman of Indonesian National Nurses Organization of Bima Regency. Then, The respondents were the nurses who work at the clinic in Langgudu Subdistrict, either nurse who have the status of civil servant, local honorary workers or the voluntary nurses.??????????????? The research result found that the regulation of employee appointment to work in a government institution was set in regent?s regulation number 15A about appointment guideline, placement, Dismissal, and honorary workers discipline of local government. In the regulation, the person who has authority in appointing the employees is the regent as the builder of the officers. In implementing of the regulation the head of the Clinic appointsnurse workers by himself to employ at the clinic. Thus, such things have already broken authority as leader of the institution in the sphere of local government as it is not by the rules of the Regent of Bima. Therefore, such appointments an obstacle in giving protection for voluntary Nurses because the process of appointment is not appropriate and breaking authority. As a head of clinics is not given authority and should not recruit or appoint the workers to employ at government institutions. The appointment of the workers shows that understanding of heads of clinics about management of the worker appointment at the clinics still lack, in addition to the absence of legislation regulations managing the volunteers so that it is an obstacle in providing legal protection for voluntary nurses who work in a clinic.
The Role of Health Center’s Midwives in School Health Programs for Awareness of Breast Self-Examination of High School Students at Semarang District sujadi, diana sundari; Kuntjoro, Tjahjono; Nurhayati, Resti; Hadiyono, V.
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v5i1.1993

Abstract

Midwifery service is a service that is inseparable from health care system. Breast cancer does not only attack to old ages but also to adolescence. A midwife is one of the health workers having an important and strategic position as an educator that is to provide health education on breast self-examination (Sadari). The objective of this study was to determine the midwife?s role in arising awareness of breast self-examination (Sadari) to high school-aged students.This was a socio-legal study having an analytical descriptive specification. It used first data and secondary data; the primary primary data gathering technique was through interviews to respondents and resource persons. The respondents consisted of midwives and female students at Semarang Regency while the resource persons were Heads of Semarang?s Health Centers.The results showed that the role of midwives in school health programs could be seen in screening and PKPR programs based on the Act Nr. 36 of 2009 on Health, especially Article 79 paragraph (1) and Health Minester?s Regulation (Permenkes) Nr. 75 of 2014 on Health Center (Puskesmas), especially Article 36 paragraph (1). The aim of the screening and PKPR programs was to optimally improve the students? health in order to support the learning process. The midwife?s role as an implementer and educator in implementing school health programs had been carried out through both programs. The midwife?s role as an educator was to provide education and counseling to the students related to adolescent health. The midwife?s role in school programs related to awareness of breast self examination had not been implemented optimally because the counseling focused more on adolescent reproductive health. The supporting factors were the availability of health facilities at the Health Centers such as counseling room and the cooperation between the Health Centers and the schools in relation with the implementation of the school health program through the coordination of the teachers handling UKS (School Health Unit) and with technical guidance and the supervising personnels of the Health Centers. The inhibiting factors, on the other hand, were lack of health resources availability such as health workers, funds, and health care facilities.
Hospital Responsibility for Release of Medical Information of to Claim The Insurance in Telogorejo Hospital Semarang suyoko, Suyoko; Sarwo, Budi; Kuntjoro, Tjahjono
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v5i1.1649

Abstract

Hospitals are responsible to establish the patients? medical information. However, in reality they should encounter conflicts with the third party who represents the patients to get the medical information, such as the insurance company. This research aims to discover about hospital?s responsibility in establishing patients? medical information as a proof to claim the insurance and the problems that should be encountered by the hospital in carrying out the responsibility.This research was conducted in Telogorejo Hospital, Semarang. It implements juridical sociology approach with analytical description. The primary and secondary data were gathered from observation result, interview result, and questionnaires analyzed using the qualitative-descriptive method.The result shows that from legal aspect, Telogorejo Hospital has agreed to give the insurance companies which have partnership-relation the access to the patients? medical information.Whereas for the insurance company which has no partnership-relation with the hospital, the medical information is given after getting the permission from the patients. It is also found out that the patients? right for reimbursement claim has not yet been given at its best because the filling of the patients? medical information has not satisfied the minimum, relevant, and adequate principals, so if it causes some disadvantages to the patients, the hospital is legally responsible following the Law of the Republic of Indonesia Article 46 Act Number 44 Year 2009 about Hospital based on the principle of Vicarius Liability. Nevertheless, there is no claim from the injured party. The criminal responsibility aspect of Telogorejo Hospital has protected the confidentiality of the medical information, so the implementation does not contradict with Article 322 of the Criminal Code of the Republic of Indonesia. From the administrative responsibility, Telogorejo Hospital can be expected to be responsible according to the Law of the Republic of Indonesia Article 29 verse 2 Act Number 44 Year 2009 about hospital because Telogorejo Hospital has not optimally implemented the fulfillment of the patients? right for the medical information. Besides that, the government has not fully monitored and given proper guidance to the hospitals. The other findings are the internal factors which include the incomplete medical records and the external factors, such as the lack of understanding about medical information by the third party, such as the insurance company, and the regulation of medical information release also affect the hospital responsibility.
Implementation Regulated in the Minister of Health Indonesian Republic Number 856/Menkes/ Sk/Ix /2009 about Hospital Emergency Installation in Bendan Pekalongan City Hospital Indriono, Anik Indriono; Kuntjoro, Tjahjono; Purwoko, Joko
SOEPRA Vol 5, No 1: Juni 2019
Publisher : Universitas Katolik Soegijapranata Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/shk.v5i1.1572

Abstract

Hospitals in Indonesia are part of the health care system. The health services are started from Emergency Installation, which provided emergency service. An emergency is a life-threatening and disabling condition requiring fast, precise, effective and quality action. It can be achieved if the hospital has a service standard in the Emergency Installation. Emergency Installation Standards are set out in the Ministry of Health's Decree on Hospital Emergency Installation Standards. The research problems of this study were how the implementation of Emergency Installation standard and what factors affect the implementation. This study aimed to investigate the implementation of Hospital Emergency Installation Standards.This study is a qualitative study with the juridical sociological approach. The juridical aspect of this study is the regulation of health minister about Hospital Emergency Installation Standards, while the sociological aspect is the implementation of the regulation by the hospital. The legal material sources of the study include primary and secondary law materials. The data were collected through interviews and literature review.The results show that Emergency Installation Standards are regulated in Law number 44 of 2009 on Hospital. Specifically, Emergency Installation Standards have been regulated in the Minister of Health Indonesian Republic Number 856/Menkes/ SK/IX /2009 about Hospital Emergency Installation. On hospital Emergency Installation Standards. However, the reality in the field, the hospital has not implemented the regulation well, resulted in the poor quality of emergency services. Thus the patient's right to get service quality becomes neglected. The supporting factors of the implementation of Emergency Installation Standards were the high motivation of human resources, while the obstacles factors were less strategic of the hospital location, the constraints of medical equipment financing, and the lack of attention from hospital owners.