Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia

Research Article

The Weak Health Workers Legal Protection Within The Law Number 36 of 2009 Regarding Health

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  • @INPROCEEDINGS{10.4108/eai.8-6-2021.2314333,
        author={Kana  Purwadi and Hendra  Sukarman},
        title={The Weak Health Workers Legal Protection  Within The Law Number 36 of 2009 Regarding Health},
        proceedings={Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2022},
        month={2},
        keywords={legal protection health workers health law medical dispute},
        doi={10.4108/eai.8-6-2021.2314333}
    }
    
  • Kana Purwadi
    Hendra Sukarman
    Year: 2022
    The Weak Health Workers Legal Protection Within The Law Number 36 of 2009 Regarding Health
    ICILS
    EAI
    DOI: 10.4108/eai.8-6-2021.2314333
Kana Purwadi1,*, Hendra Sukarman1
  • 1: Doctoral Program in Law Science, Faculty of Law, Jenderal Soedirman University, Indonesia
*Contact email: kana.purwadi@mhs.unsoed.ac.id

Abstract

Violence against health workers committed by the patients and/or patients’ family are still frequently occurred. Law number 36 of 2009 regulates legal protection for health workers, however, the required Government Regulation as it is supposed to act as the implementation regulation has not been issued yet. How does the health workers’ legal protection are able to be just and how does a just legal enforcement concerning health workers and health service recipient disputes will be? Applying normative juridical methodology, legal material is qualitatively analyzed by interpreting and discussing the result of the research based on legal definitions, legal norms, legal theories and doctrines. Result of this discussion, arrangement of legal protection for the health workers within the Law number 36 of 2009 causes legal vacuum in regard to its implementation regulation and not able to act as an empowerment of changes as well as the community’s legal culture.