PENGATURAN TENTANG TENAGA KESEHATAN DALAM PERATURAN PERUNDANG-UNDANGAN DAN AZAS KEPASTIAN HUKUM

Fadhillah, Harif (2018) PENGATURAN TENTANG TENAGA KESEHATAN DALAM PERATURAN PERUNDANG-UNDANGAN DAN AZAS KEPASTIAN HUKUM. Other thesis, Unika Soegijapranata Semarang.

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Abstract

Intro: Indonesia is a religious welfare state. The 1945 Constitution of Republic of Indonesia as the highest Law Constitution in Indonesia have mandated the fulfillment of citizen’s basic needs and civil rights, including health care needs. Therefore, regulations on health field is needed to ensure the fulfillment of their rights to proper health care services. The process of concretization into related legislations should must heed the principles in law formation, namely the principle of justice and legal certainty to produce quality healthcare services and beneficial to all party. The purpose of this study was to describe the regulations regarding healthworkers and its inclusion of the principle of legal certainty. Methods: This was a qualitative normative law research using the doctrinal legal approach and statute approach. Results: 1) Regulations regarding healthworkers in Indonesia was: (a) Act 29 Year 2004 regarding Medicine Practice; (b) Act 36 Year 2009 regarding Health; (c) Act 44 Year 2009 regarding Hospitals; (d) Act 38 Year 2014 regarding Nursing; and (e) Act 36 Year 2014 regarding Healthworkers. 2) The principle of legal certainty have yet to be the foundation in the formation of law norms as this study found potential norm conflicts between Government Regulations and Acts regarding healthworker. Recommendation: 1) It was advised to issue implementing regulations and technical guidelines of Act 36 Year 2014 regarding Healthworkers and other Acts regulating healthworkers shortly. 2) The priciple of legal certainty should be the spirit in every regulation, explicitly stated in the preamble part of an Act. 3) Professional Organization of healthworker should be proactive in providing inputs to the government so as healthworker regulations ensure the legal certainty for healthworkers as well as abiding the principles of health profession. Keywords: Healthworker regulations; Priciple of Legal Certainty;

Item Type: Thesis (Other)
Subjects: > 610 Medicine and health
Divisions: Graduate Program in Master of Law
Depositing User: Mr Lucius Oentoeng
Date Deposited: 02 Jan 2019 03:30
Last Modified: 02 Jan 2019 03:30
URI: http://repository.unika.ac.id/id/eprint/17662

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