CD Skripsi
Aspek Pidana Diskriminasi Terhadap Pelayanan Pasien Kurang Mampu Berdasarkan Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan
ABSTRACT
Adult health service is an important issue to increase the standard of living
and social welfare in our homeland (Indonesia). A form of health service
implementing regulations is law number 36/2009 about health, in which in the law on
health, there is should not be discrimination. Furthermore, the aims of this research
are: first, to find out the punishment of discriminatory perpetrators according to the
law. Second, to the party who can be asked for the responsibility of discriminatory
towards underprivileged patient.
Moreover, this law study is using normative legal research. An approach that
is used for this study is normative juridical approach. Also, this study use qualitative
data for finding the justification. Later on, to get the conclusion the researcher uses
deductive thinking method where getting the conclusion by adopting statements or
law of general nature to be specific statements.
Lastly, sentencing towards discrimination perpretators health services based
on law can be addressed when fullfiled by several factors from article 32 (2) such as;
rejection and asking for down money towards health service’s patients. If this is
fulfilled, then there is a criminal provision that becomes the last resort (ultimum
remedium) in terms of the imposition of sanctions as regulated in Article 190 of Law
Number 36/2009 about Health. Parties who can be held accountable in the event of
discriminatory actions against underprivileged patients can be addressed to the
leadership of health services, hospitals and health workers. This depends on the
classification of the fulfillment of elements that are said to be discriminatory against
health patients. As contained in the special provisions in Article 190 of Law Number
36 of 2009 concerning Health. In the provisions of Article 190, sanctions can be
directed at the head of health service facilities or in other words the health
management, health workers can be imposed when they commit such discriminatory
acts outside their working hours such as practicing on their own or outside their
working hours.
Key words: Discrimination – Health Service – Law on Health
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