Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia

Research Article

Hospital Criminal Law Refusing Emergency Patient Medical Services

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  • @INPROCEEDINGS{10.4108/eai.12-11-2022.2327372,
        author={Dedet  Steavanno and Zudan Arief Fakrulloh and Herman  Bakir},
        title={Hospital Criminal Law Refusing Emergency Patient Medical Services},
        proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={2},
        keywords={criminal law hospital medical services refusing emergency patient},
        doi={10.4108/eai.12-11-2022.2327372}
    }
    
  • Dedet Steavanno
    Zudan Arief Fakrulloh
    Herman Bakir
    Year: 2023
    Hospital Criminal Law Refusing Emergency Patient Medical Services
    MIC
    EAI
    DOI: 10.4108/eai.12-11-2022.2327372
Dedet Steavanno1,*, Zudan Arief Fakrulloh1, Herman Bakir1
  • 1: Universitas Borobudur, Indonesia
*Contact email: dedetsteavano715@gmail.com

Abstract

According to Article 28 H paragraph 1 of the 1945 Constitution, “Everyone has the right to live in physical and spiritual prosperity, to live and to have a good and healthy living environment and has the right to obtain health services,” everyone has the right to receive health services in accordance with their requirements. When viewed in terms of the use of hospitals, it is to treat and provide first aid services to the community as patients who need good care in an emergency or to maintain health, therefore hospitals must provide optimal services using hospitals. However, there are still instances in which hospitals refuse to provide health services, such as to poor patients or patients who require first aid. If a hospital refuses to provide medical care to an emergency patient, the hospital as a legal entity is liable for the consequences, which could include jail time for hospital administrators or fines for the hospital's director and/or health care workers. According to corporate responsibility, management is accountable and the corporation is the manufacturer. 2) Article 304 and Article 531 of the Criminal Code are two criminal provisions that can be used against hospitals that refuse to treat emergency patients. in addition to the criminal provisions of Health Law 36 of 2009, Article 190, paragraphs 1 and 2.