Rules, Policy and Health Law

A. The History of Hospital and Health law

History of Health Law in Indonesia starts from the positive reaction of the medical
profession and the legal profession in 1981, in looking at the case of Puskesmas patients who
died due to antifilactic shock due to allergic reactions after being given Streptomycin injection
by a Wedarijaksa Health Center Doctor, Pati Regency.
Starting from the tragedy, then a law discipline was born which studied legal relations
and all aspects related to health, such as the relationship between Doctor-Patient, Doctors,
Nurses, and so on. The newly formed scientific discipline in Indonesia is called Health Law.
Health Law is a young science field. Its development began at the World Congress on
Medical Law in Belgium in 1967. Subsequent developments through the World Congress of the
Association for Medical Law are held regularly until now.
In Indonesia the development of health law began with the formation of a study group
for Medical Law of FK-UI / Ciptomangunkusumo Hospital in Jakarta in 1982. The Association
for Indonesian Medical Law (PERHUKI), was formed in Jakarta in 1983 and changed to the
Indonesian Health Law Association (PERHUKI) on congress I PERHUKI in Jakarta in 1987.
Health law includes components or groups of health professionals that are
interconnected with others, namely: Medical Law, Dental Medicine, Nursing Law,
Pharmaceutical Law, Hospital Law, Public Health Law, Environmental Health Law, etc.
B. Definition of Health Law
Health law according to Anggaran dasar Perhimpunan Hukum Kesehatan Indonesia
(PERHUKI) are all legal provisions that are directly related to health care / services and their
application. This concerns the rights and obligations of individuals and all walks of life as
recipients of health services and health providers in all aspects, organizations, means, guidelines
for medical services standards, health and legal science, and other legal sources.
C. The Objectives of Health Law
The goal of health law will not deviate from the general purpose of the law. This is
seen from the health sector itself which includes social and community aspects where many
interests must be properly accommodated.
 Back with the first legal objective, namely to create an order or condition, the health
sector or field has sufficient legal umbrella to be able to carry out the work process in the health
sector if all the provisions of the law are properly implemented and establish mutual
understanding among the professional in each part support the implementation of health efforts.

Legal sources that have been detailed in regulating what are the obligations of every
professional and what is his rights. Therefore the greatest hope is the creation of order and the
balance of fulfillment of the rights and obligations of each profession.

D. Differences between Law and Ethics

1. Ethics applies to the professional environment, the law applies to the public
2. Ethics is prepared based on the agreement of members of the profession, the law is prepared
by government agencies
3. Ethics is not entirely written, the law is listed in detail in the law and sheets
4. Sanctions against ethical violations in the form of guidance, sanctions against violations of law
in the form of demands
5. Violations of ethics are resolved by MKDKI established by the Indonesian Medical Council
and / or MKEK formed by IDI, a violation of the law resolved by the court
6. Completion of ethical violations is not always accompanied by physical evidence, settlement
of violations of law requires physical evidence.

E. The Scope of Health Law

Pasal 1 butir (1) Undang – undang no 23 tahun 1992 deals with health stating that what is called
healthy is the state of prosperity of the body, soul and social that allows everyone to live
productively socially and economically.
According to Leenen, health problems are grouped into 15 groups: (Article 11 UUK)
1. Family health
2. Nutrition improvement
3. Food and drink packing
4. Environmental health
5. Occupational health
6. Mental health
7. Eradication of disease
8. Healing of illness and recovery of health
9. Health education
10. Safeguarding pharmaceutical preparations and medical devices
11. Safeguarding addictive substances
12. School health
13. Sports health
14. Traditional medicine
15. Matra health

Health law in Indonesia has not fully fulfilled the ideal scope of the law, so what is needed is:
1. Conduct an inventory and analysis of existing legislation to be studied enough or not.
2. Counseling is not only limited to health workers but also law enforcement and the community
3. Appropriate identification is needed for the regulation of health problems in order to establish
the correct legislation.

F. The Sources of Health Law

Health law not only relies on written law (the Law), but also on jurisprudence, treaties,
consensus, and the opinions of legal experts and medical experts (including doctrines). However,
not all legal sources above have binding authority. Jurisprudence has binding legal force, but
expert doctrine or opinion does not. Expert and doctrinal opinions can only be used as persuasion
authority for judges, for example in finding or finding a new law. In principle, the judge may not
reject the case just because the problem has not yet been enacted. Indonesia adheres to a system
of modification, not common law system, but in practice, sometimes there are modifications to
both so that judges are allowed to make interpretations and seek new laws. This is where the
expert doctrine or opinion is needed as a source of law.

What are the sources of health law?

 1. International / National medical guidelines.
2. Criminal Law / Civil Law.
3. Customary Law.
4. Jurisprudence.
5. Science and Literature

G. Right and Obligations of Hospital

Hospital rights are all things that are of interest to hospitals that are protected by law, while
hospital obligations are everything that is a burden or responsibility of the hospital to carry it out
in order to fulfill the rights of others.

a. Hospital Rights (Pasal 30 UU No.44 tahun 2009)

1. Determine the number, type and qualifications of human resources in accordance with hospital
qualifications
2. Receiving compensation for services and determining remuneration, incentives and awards in
accordance with the provisions of the legislation.
3. Cooperating with other parties in order to develop services
4. Receiving assistance from other parties in accordance with statutory provisions
5. suing parties that cause losses
6. Obtain legal protection in carrying out health services
7. Promote existing health services in hospitals in accordance with statutory provisions
8. Obtain tax incentives for public hospitals and hospitals designated as teaching hospitals.
 b. Hospital Obligations (Pasal 29 UU No.44 Tahun 2009)

1. Provide correct information about hospital services to the community.

2. Providing safe, quality, anti-discriminatory and effective health services by prioritizing the
interests of patients in accordance with hospital service standards
3. Providing emergency services to patients according to their service capabilities
4. Take an active role in providing health services in disasters in accordance with their service
capabilities
5. Providing facilities and services for the poor or poor
6. Carry out social functions, among others by providing poor / poor patient service facilities,
emergency services without advances, free ambulances, service for victims of disasters and
extraordinary events, or social services for humanitarian missions
7. Make, implement and maintain quality standards of health services in hospitals as a reference
in serving patients
8. Organizing medical records
9. Providing public facilities and infrastructure that are feasible including facilities for worship,
parking, waiting rooms, facilities for disabled people, breastfeeding women, children, after
further
10. Implementing a referral system
11. Refusing patient desires that are contrary to professional standards and ethics and legislation
12. Provide correct, clear and honest information about the rights and obligations of patients.
13. Respect and protect the rights of patients
14. Implement hospital ethics
15. Has an accident prevention and disaster management system
16. Implement government programs in the field of health both regionally and nationally
17. Making a list of medical personnel who practice medicine or dentistry and other health
workers.
18. Compile and implement internal regulations for hospitals
19. Protect and provide legal assistance to all hospital staff in carrying out tasks
20. Enacting the entire hospital environment as a non-smoking area.
Daftar Pustaka
Amin, Yanuar. (2017). Etika Profesi dan Hukum Kesehatan. Jakarta: Pusat Pendidikan SDM
Kesehatan, Kementerian Kesehatan Republik Indonesia.
Sadi,Muhamad.2017.Etika dan Hukum Kesehatan.Jakarta:Kencana
Hanafiah,jusuf and amir,amri.2008.Etika Kedokteran & Hukum Kesehatan.EGC