PRINSIP TANGGUNG GUGAT DALAM PRAKTIK KEDOKTERAN TELEMEDICINE

ARMAN ANWAR, 031070529 (2015) PRINSIP TANGGUNG GUGAT DALAM PRAKTIK KEDOKTERAN TELEMEDICINE. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The main objective of this research is to find a proper legal principles of liability on the law of telemedicine. To reach this objective, the statute, conceptual, comparative and case approach are used as tools of the research. Some legal materials, such as Burgerlijk Wetboek (BW), Government Gazette No. 23 of 1847, Law No. 36 Year 2009 on Health, and Law No. 29 of 2004 regarding Medical Practice in conjunction with Regulation of the Minister of Health of the Republic of Indonesia Number 2052/Menkes/PER/X/2011 on the Licence of Medical Practice, and Law No. 44 Year 2009 on Hospitals are used as the factoring point of the research, and also the law of telemedicine implemented by some other countries are used as the legal comparison to review such principles of the present laws and to propose the future telemedicine law. As the fact that the law of telemedicine still does not exist in Indonesia, it might be some problems for Judges to decide cases related to liability of risk on the practice of telemedicine.Pursuant to Article 24 paragraph (1) of the 1945 Constitution and Article 5 (1) of Law Number 48 of 2009 on Judicial Authority, to decide a case that appearing to him, the judge should explore and understand the legal values, as well as the social justice. Thus, the application of paragraph 3 of Article 1367 BW and Article 46 of Law Number 44 of 2009 on Hospital, shouldbe in the context of proportional justice, where the needs of the patiens for the safety medical services meets with the professional liability of the telemedicine practitioners. The theory of this dissertation is structured by the relationship among code of ethics, professional standards, service standards and standard operating procedures that regulates the telemedicine practitiones which his or her actions are legitimated by the delegation of power of the primary care physician (PCP).By this structure, the liability of risk arises from the telemedicine practice of the subordinate does not necessarily to be based on fault by the primary PCP or primary nurse as it is stated by doctrine of vicarious liability.Concept of proportional liability on this disertation means the balance distribution of rights and obligations of the professionals linked to a telemedicine practices, where the proportion liability to each partys is based on equitability, appropriate, reasonable and fair valuation. In line with the previous concept, the liability should based on viewpoint of interactive justice, that means based on the values of professional expertise, austerity, responsibility, and collegiality. This concept dedicated for the desire to do good for the sake of healing a patient (doing good).

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 DIS.H.07/15 Anw p
Uncontrolled Keywords: TANGGUNG GUGAT,PRAKTIK KEDOKTERAN, TELEMEDICINE
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K3601-3611 Medical legislation
R Medicine > RA Public aspects of medicine > RA1-1270 Public aspects of medicine > RA1-418.5 Medicine and the state > RA399 Regulation of medical practice. Evaluation and quality control of medical care. Medical audit
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
ARMAN ANWAR, 031070529UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorY. Sogar Simamora, Prof., Dr., S.H., M.HumUNSPECIFIED
ContributorAKTIEVA TRI TJITRAWATI, Dr., S.H., M.HumUNSPECIFIED
Depositing User: Nn Dhani Karolyn Putri
Date Deposited: 20 Oct 2016 01:56
Last Modified: 20 Oct 2016 01:56
URI: http://repository.unair.ac.id/id/eprint/32694
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