Penolakan Pelayan Medis Oleh Rumah Sakit Terhadap Pasien Yang Membutuhkan Perawatan Darurat

Abstract

Research on the denial of medical care by hospitals to patients who need emergency care, it is a normative research, including a study of the principles of law, the rules of law and systematic law. Primary legal materials derived from legislation, and secondary materials in the form of literature, documents, archives, legal expert opinion and research results to the researchers in the field of criminal law, in this case relating to the issues discussed in this study. In this case the purpose of the study was to determine whether the denial of hospital to patients who need of medical care is a criminal act, and to determine whether accountability to civil hospital for medical treatment refusal. Results from the study of criminal law, written by denial of medical care, including criminal acts, so it can be prosecuted under the criminal law in accordance with Article 304 and 531 Book Of The Criminal Justice Act . If the hospitals that perform denial of medical care to patients who need emergency care, giving rise to the violation of hospital leaders who are responsible for violations of the law, as stipulated in Article 190 paragraph (1) of Law No. 36 Year 2009 on Health. A patient who feels aggrieved over denial of medical care that the hospital, the patient can be sued in a civil suit and claim damages provided for in Article 58 paragraph (1) of Law No. 36 Year 2009 on Health, and in Article 32 letter q Law No. 44 of 2009 on Hospital. Denial of medical services to patients in need of emergency care including patient adverse action, it has been stipulated in Article 1365, 1366, 1367 Book Of The Civil Law.