Juridical Review Regarding the Provision of Health Services (Law No. 36 of 2009 concerning Health)

Abstract

The medical profession is one of the professions that get the public's attention. Many people pay attention to the medical profession, both the highlights that are conveyed directly to the Indonesian Doctors Association as the main organization of doctors, as well as those that are broadcast through print and electronic media. The Indonesian Doctors Association considers these highlights as a good critique of the medical profession so that doctors can improve their medical professional services to the community. This research is included in qualitative research and is descriptive in nature. This study is an empirical study of laws and policies in Law No. 36 of 2009 concerning Health. The doctor's responsibility lies in the field of professional ethics and the field of law. If a doctor performs a medical action that is detrimental, then he must take responsibility and cannot place all the blame on the hospital, even though Law Number 44 of 2009 concerning Hospitals states otherwise. The relationship between doctors, patients, and hospitals is triangular. Most of these engagements are based on agreements that can be categorized as two-sided agreements so that each party has rights and obligations. In medical disputes, which generally occur because the patient feels that he has suffered a loss in the medical agreement, the patient can sue the doctor, the hospital, or both.

Legal Aspects of Therapeutic Agreements in Online-Based Health Services (Telemedicine)

“…Regulation regarding health services through telemedicine is implicitly stipulated in Article 42 of Law No.36/2009 on Health, that before being circulated for use for public health, technology and technology products must be researched first, all medical methods and devices that can help prevent health problems or treat health problems, and all devices must meet the provisions in general in related regulations (Wahono et al, 2023). Health technology referred to above is a way, method, process, or product resulting from the application and utilization of scientific disciplines in the health sector that produce value for meeting needs, sustainability, and improving the quality of human life.…”

Improvement of Cadres' Skills and Knowledge to Provide Comprehensive Health Services for the Elderly

“…36 of 2009 on Health mandates that efforts to improve and maintain public health must include the elderly and be conducted in accordance with nondiscriminatory, participatory, and sustainable principles. The principle of nondiscrimination requires that all individuals, including the elderly, have access to health services (Wahono et al 2023). The large size and rapid growth of the elderly population contribute to a variety of problems, so all sectors must devote significant resources that will improve their welfare.…”