Karya Ilmiah

DISERTASI (0102) - Prinsip Tanggung Gugat Dalam Praktik Telemedicine

---

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 party's 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).

---

Ketersediaan

031070529

0102

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

0102

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM KEDOKTERAN

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar