PERLINDUNGAN HUKUM PASIEN DAN ASAS KESEIMBANGAN

IMELDA, IMELDA (2018) PERLINDUNGAN HUKUM PASIEN DAN ASAS KESEIMBANGAN. Other thesis, UNIKA Soegijapranata.

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Abstract

Patient’s legal protection is part of the organization of individual health services, in the form of rights and obligations by prioritizing patient safety as regulaed in the regulation of health minister number 11 of 2017 on patient safety as fulfillment of the right of patients to obtain optimal health degree; The principle of balance is the main principle in the formation of the law as the embodiment of the value of the law respects the rights and obligations of each party, where the principle of balance is supported by the principle of benefit, the principle of legal duty, and the principle of protection; the question arises: wheter the provisions on patient legal protection lead to the fulfillment of the principle of balance? The research is done by descriptive research method, through normative juridical research method approach, with type of research method of literature study, so use only secondary data in the form of library material that is primary law material, secondary law material and tertiary material, the analysis is analysis qualitative, to obtain a temporary answer in the form of working hypothesis. Implementation of individual health services as there is a triangular legal relationship between the patients on the one hand, health facilities and health personnel on the other, in which the rights and obligations of the patients as recipients of health services and health facilities and health personnel as health services providers; one of the patients’ rights is to ensure legal protection in the implementation of which one of them is the element of patient safety which contains the elements of patient safety standard, the element of patients’ right standard and the element of patient committee which is arranged as the fulfillment of the right of patient to get legal protection. Tangible law as collection of norms, always formed based on certain principles, one of the principles of law is the principle of balance, as the main principle of respecting rights and obligations are balanced with the support of the principle of legal certainty that essentially put positive law as the basis of the implementation of interests, then the principle of expediency that seek to provide happiness as much as possible to as many people, and then the principle of protection as the basis of the foundation of the state with ideals of Pancasila. Patients’ legal protection that prioritizes patient safety as norms of individual health service delivery is associated with respect for the implementation of rules with equal rights and obligations for the fulfillment of the values of the principle of benefit, the principle of legal certainty and the principle of protection, providing temporary answers in the form of work hypotheses: if it is determined about the legal protection of the patient, then the principle of balance is met. Keywords: Patient legal protection, patient safety, balance principle, benefit principle, legal certainty principle and the principle of protection.

Item Type: Thesis (Other)
Subjects: 300 Social Sciences > 340 Law > 346 Private Law > Law Protection
Divisions: Graduate Program in Master of Law
Depositing User: Mr Lucius Oentoeng
Date Deposited: 02 Jan 2019 03:29
Last Modified: 02 Jan 2019 03:29
URI: http://repository.unika.ac.id/id/eprint/17661

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