TANGGUNG JAWAB PIDANA RUMAH SAKIT ATAS PENOLAKAN PASIEN GAWAT DARURAT COVID-19 DITINJAU DARI UNDANG-UNDANG NOMOR 36 TAHUN 2009

• Main Author: Rizky Yosa Adhi Prabowo, (Author)
• Format: Book
• Published: 2022-07-13.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/21283/1/01%20Abstrak.pdf; http://repository.upnvj.ac.id/21283/2/02%20Awal.pdf; http://repository.upnvj.ac.id/21283/3/03%20Bab%201.pdf; http://repository.upnvj.ac.id/21283/4/04%20Bab%202.pdf; http://repository.upnvj.ac.id/21283/5/05%20Bab%203.pdf; http://repository.upnvj.ac.id/21283/6/06%20Bab%204.pdf; http://repository.upnvj.ac.id/21283/7/07%20Bab%205.pdf; http://repository.upnvj.ac.id/21283/8/08%20Daftar%20Pustaka.pdf; http://repository.upnvj.ac.id/21283/9/09%20Riwayat%20Hidup.pdf; http://repository.upnvj.ac.id/21283/11/10%20Pengecekan%20Turnitin.pdf; http://repository.upnvj.ac.id/21283/10/11%20Artikel%20KI.pdf
• Keywords: K Law (General)

Based on numerous national news reports, many patients had been refused by hospitals for many reasons during the second wave CoronaVirus Disease 2019 (COVID-19) pandemic outbreak in Indonesia. Therefore, it needs to be studied on how hospitals took the criminal liability for emergency patient refusal during COVID-19 pandemic. This study uses normative law against legal principles in a descriptive method. This study also uses prescriptive and problem solution research by secondary datas based on literature and available datas. The conclusion of this study is that Indonesia has a clear law and regulations for emergency patients both in natural or non-natural disasters. This can be used by hospitals, physicians and also health workers as service and penalty guidance. Physicians and health workers have legal relationship in both emergency and non-emergency situation. They also have the same relationship in between superior and subordinate to hospital so the vecarious liability become the legal liabilty basis. However, the criminal sanction is quite difficult to apply because it must refer to administrative sanction before getting into criminal sanction, in accordance ultimum remedium in criminal law principle, even though the legal events fulfill the criminal element as written on article 190 Law Number 36 of 2009 about Health. Advice for the government, they may arrange the criminal sanction for healthcare refusing emergency patients as written on revision Law Number 4 of 1984 about Infectious Disease Outbreak. Hospitals, physicians, and health workers should be aware that the emergency patients are top handling priority and they can face administrative and criminal sanction if it is violated. Patients should also know their rights and obligations, particularly in emergency situations.