PRINSIP HUKUM DALAM TATA KELOLA RUMAH SAKIT

ERIKSON SIHOTANG, 031070501 (2014) PRINSIP HUKUM DALAM TATA KELOLA RUMAH SAKIT. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

This research is aimed at trying to answer three legal issues: Firstly, whether the legal principles contained in the Hospital Act. Secondly, how the principles of liability and legal responsibility in the context of hospital medical treatment in hospitals, and Thirdly how medical dispute resolution that occurs in hospitals and the development of the settlement. The three legal issues are variously approaced. All of the legal issues categorized as a normative research are seen by statute, concept and comparative approaches. The approache will be carried out in three steps, ie : description, systematization and explanation. The step of description is the step of describing the content of law by using grammatical, authentic and historical interpretation techniques. The second is analyzing the content and the legal norm structure and the relation between the two.the last step is the step of describing the meaning of legal norm which are logically chosive. The result of the study shows that, First, the legal principles in good hospital governance within the Law Hospital beginning of the establishment of hospitals that adhere to the principle of legality, governance of the hospital containing the principles of justice (equity) and equality, transparancy principle, professional principle, legal protection principle, responsibility principle, and social functional principle. Second, Liabilities and legal responsibilities of hospitals can be viewed from the perspective of administrative law, civil law and criminal law. In the administrative law perspective on the known principles of liability, liability based on negligence or fault. Liability based on negligence or fault (negligence) is a principle of accountability that is subjective, which is a liability that is determined by the behavior of the perpetrator. Legal responsibilities associated with civil law in the form in terms of civil liability. Civil liability can be based on two things: liability based on breach of contract and liability based on tort. In the perspective of criminal responsibility in accordance with the provisions of that statute hospital, the hospital is an institution which is a legal entity, whether private legal entities (private hospitals) and public legal entities (government hospital), then based on the theory of modern criminal law, corporate or legal entity (in this case the hospital) may also be criminally prosecuted. Third, medical dispute resolution, in addition to litigation and settlement is done non-litigation, medical disputes in hospitals is also done through the professions. in its development need to be considered for criminal cases using restorative settlement, which resembles a mediation settlement.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2. Dis. H. 10/14 Sih p
Uncontrolled Keywords: legal principles in good hospital governance, liabilities and legal responsibilities hospitals, medical desputes.
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K201-487 Jurisprudence. Philosophy and theory of law > K486-487 Relation of law to other topics
R Medicine > RA Public aspects of medicine > RA1-1270 Public aspects of medicine
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsNIM/NIDN
ERIKSON SIHOTANG, 031070501UNSPECIFIED
Contributors:
ContributionNameNIDN/NIDK/NUP
ContributorTatiek Sri Djatmiati, Prof., Dr., SH., MS.UNSPECIFIED
ContributorY. Yogar Simamora, Prof., Dr., SH., M.HumUNSPECIFIED
Depositing User: Ika Rudianto
Date Deposited: 23 Jun 2016 01:20
Last Modified: 23 Jun 2016 01:20
URI: http://repository.unair.ac.id/id/eprint/32753
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