Analysis Of The Construction Of Legal Protection Regulations For The Health Profession In Private Hospitals In Indonesia: A Values-Based Approach Regarding To Pancasila Justice

Abstract

Hospitals across Indonesia will reach 3,155 units by 2023, both government-owned and private, comprising 2,636 public hospitals and 519 specialized hospitals. Health services in private hospitals in Indonesia have already provided a good and growing service, but when faced with the latest Law No. 17 Year 2023 on the Health Act, it became controversial because in Article 440 Paragraphs 1 and 2 that the medical or health personnel who perform sleeping can be punishable, so from this article, the health or medical personnel get discrimination or injustice. The objective of this study is to analyze and find the constructions of regulations for the protection of the law of health professions in private hospitals in Indonesia: a values-based approach based on Pancasila Justice, a method of research using a normative Yuridis approach. The results of this research found that in order to provide legal certainty, it is necessary to reconstruct the regulations for the protection of the law of health professions in the private hospital in Indonesia. Because of the losses incurred by the negligence carried out by the health personnel, the hospital must provide protection and reference to articles 2 and 5 of the Pancasil, as well as see Article 308 Paragraphs 6 the latest Law No. 17 Year 2023 Act on Health by adding a clause “to judgment and based on the outcome of the trial of the Organization of Ethics of Professions. So that healthcare is given a fair and humane space, the legal protection of healthcare professions in private hospitals is realized.