ARCHIVES
VOL. 11, ISSUE 3 (2025)
Reconstruction of legal protection regulations for doctors in providing high-risk health services based on the value of justice
Authors
Denny Vianto, Sri Endah Wahyuningsih, Anis Mashdurohatun, Jawade Hafidz
Abstract
Services for high-risk patients are oriented
to be able to optimally provide services and patient care by using resources,
medicines and equipment according to applicable standard guidelines. The purpose of this study is to analyze and find legal protection regulations for doctors in
providing high-risk health services that are not yet based on justice values,
to analyze and find legal protection regulations for doctors in providing
weaknesses in legal protection regulations for doctors in providing high-risk
health services at this time, to analyze the reconstruction of legal protection
regulations for doctors in providing high-risk health services based on justice
values. The research method uses the positivism paradigm,
with a sociological juridical approach method, and descriptive research type.
Types and sources of data using secondary data
in the form of primary legal materials, secondary legal materials, and
tertiary legal materials. The data collection method uses literature, and
qualitative analysis methods. The results of the study are: 1). The regulation
of legal protection of doctors in providing high-risk health services has not
been based on justice that the patient due to his ignorance of what is meant by
medical risk and malpractice so that it raises speculation that the doctor is
always wrong if at the time of providing health services and treatment to the
patient causes things that are not desired such as adding a disease or maybe
even losing his life. 2). The weaknesses of legal protection regulations for
doctors in providing high-risk health services currently consist of aspects of
legal substance, legal structure, legal culture. The weaknesses of the
substance aspect, in the implementation that there is no legal firmness that
can be related to the legal protection of doctors even though in substance it
has been emphasized that there is legal protection for doctors in carrying out
the medical profession. The weakness of the legal structure aspect is that the
difficulties faced in law enforcement by law enforcers are generally at the
level of understanding. The weakness of the legal culture aspect is that the
need for socialization and education to the community, although some people
already understand, but often the views of the community are still subjective. 3).The reconstruction of legal protection regulations for doctors in
providing high-risk health services based on the value of justice consists of
value reconstruction and norm reconstruction. The value reconstruction to be
achieved in this study is that the regulation of legal protection of doctors in
providing high-risk health services that were not based on justice is now based
on justice. The norm reconstruction is Reconstruction of Law Number 17 of 2023
concerning Health Article 273, Regulation of the Minister of Health of the
Republic of Indonesia Number 290 / Menkes / PER / III / 2008 concerning
Approval of Medical Actions Article 3 Paragraph 1.
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Pages:68-73
How to cite this article:
Denny Vianto, Sri Endah Wahyuningsih, Anis Mashdurohatun, Jawade Hafidz "Reconstruction of legal protection regulations for doctors in providing high-risk health services based on the value of justice". International Journal of Law, Vol 11, Issue 3, 2025, Pages 68-73
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