Patiens Right & Human Dignity

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Patients' Rights and Human Dignity

By:

Siti Rizky Amalia P1337420819002

Luluk Mamluatul Ulumy P1337420819003

Daryanti P1337420819007

Annas Masykur P1337420819012

MASTER OF APPLIED NURSING DEPARTMENT


MINISTRY OF HEALTH POLYTECHNIC SEMARANG
2019
Preface

The writer wants to tjanks to God Almighty, because of His blessings and
Grace the author can write this paper entitled "Patients' Rights and Human Dignity"
to complet. Although in this paper the author gets a lot of mistake, but also gets help
from several parties both morally and materially

Therefore, the authors thank you for Mrs. Dr. Rr. Sri Endang Pujiastuti, SKM
MNS as the supervisor and all parties who have contributed and provided suggestions
for the completion of the authors of this paper. In writing this paper the writer realizes
that there are still shortcomings considering the limitations of the author's knowledge
and experience. Therefore, it is highly expected that criticism and suggestions from
all parties that are constructive to complete this paper and the next.

Authors

Semarang Septh 3rd 2019


CHAPTER 1

Introduction

A. Background

Every citizen has the right and obligation to get a decent living, but in reality
many citizens have not felt welfare in living their lives. Rights are the power to
receive or do something that should be accepted or carried out solely by certain
parties and cannot be by any other party which in principle can be forced by him.
Rights and obligations are inseparable, but there is a conflict because rights and
obligations are not balanced.

Human Rights is a basic right that is owned by humans that they carry from birth
even from its existence as a gift from a supreme God. Awareness of human rights is
based on the recognition that all humans have the same degree as a creature of God.

Human rights must be upheld because the suppression of human rights can
adversely affect the survival of individuals who experience the oppression. In fact,
this will lower human dignity as human beings.

One of the things that can be done by medical personnel is by fulfilling the
rights of patients for example Nurses are obliged to keep everything that they know
about clients and or patients, except for legal purposes. This concerns the privacy of
clients who are in nursing care because on the other hand nurses are also required to
respect the rights of clients and or patients and other professions in accordance with
the applicable rules and regulations. According to According to Satijipto Raharjo in
the journal Valerie (2017), legal protection is to provide protection for human rights
that have been harmed by others and that protection is given to the public so that they
can enjoy all the rights granted by the law.

B. Problem Identification

1. What is human rights?

2. How are human rights regulations in Indonesia

3. How to apply patient rights in health services


C. Purpose

1. General

To find out how the ethical side of Patient / Client's Rights and Dignity is viewed in
terms of health and nursing.

2. special

a. Know the definition of Patient's Rights and Dignity

b. Knowing the Role of Rights that often occur.

c. Knowing the articles about the Rights and Dignity of Patients / Clients listed in the
Act.

d. Know the Types of Rights and Dignity of Patients / Clients.


CHAPTER II
A Review Of The Literature

A. The rights of patients


Awareness of human rights in particular in the field of health and the
increasing knowledge of the patient's response to a variety of health
problems, led to a doctor are unable to freely treat patients without regard to
the State of the patient. Human rights, in libraries are often interpreted as
synonymous with human rights in positive law. Human rights thus construed
in a broad sense, namely the Social Rights concerned.(Kusumaningrum,
2019)
In Act No. 39 of the year 1999 on human rights, as noted in Chapter 1,
human rights are defined as a set of rights that are inherent to the nature and
existence of man as a creature of God and is the grace of his mandatory high
esteem respected, and protected by the State, the law, Government, and any
person for the sake of honor and dignity and the protection of human
dignity.(Firdaus, 2016)
In oprasional health regulations provided for in the legislation of the
Republic of Indonesia Number 36 Year 2009 on health, in the Act, the
relationship of each society in General and in particular patients to get health
degrees the same set in article 5 paragraph (2) of Act No. 36 of the year 2009
on health: "everyone has the right to obtain health services that are safe, high
quality, and affordable". In article 7 Act No. 36 of the year 2009 on health
mentioned that as follows: "everyone has the right to obtain information and
education regarding a balanced health and responsibility."(Maulana, 2018)
Legal protection is protection of will dignity and dignity, as well as the
recognition of the rights of human rights owned by subjects of law based on
the provisions of the law of arbitrariness or as a collection of regulations or
rules will be protect it from other things.
Just as is the case in the world of health, every person has the rights
included patients where if this doesn't happen then it will result in a clash
which do not comply with the Act or regulations. In the relationship between
the medical personnel and patients are inter-related in which each has private
rights and obligations to achieve harmonious relationships thus the need for
everyone's rights meghargai salong. In the year 1948 Declaration of human
rights (declaration of humans rights) from the UN saying, everyone is entitled
to health care services for himself and his family, as well as guarantees when
sick, unemployed, disabled, widowed, elderly or lack of a living or economy
caused by things beyond his control.
B. Dignity Human Dignity
Legal aid is one of the realization of the mandate of the Constitution of
1945. Legal aid is a very extensive can be interpreted as an attempt to help
the can't afford.
Basically the term "legal assistance" is as follows:
a. Legalaid,
Used in the sense of legal aid showed narrowly
b. Legal assistance,
Used in shows understanding of legal aid to those who are not
capable or granting legal aid advocates and lawyers.

Barry Metzger, 2009 said the other purpose of the legal aid programs in
developing countries, among others:

a) to build a unified system of national law.


b) to carry out a more effective than social welfare regulations to benefit
poor communities.
c) To foster a sense of greater responsibility from government officials or
the public bureaucracy.
d) to foster a sense of wider community participation into the process of
Government.
e) to strengthen the legal profession.
SoetandyoWignjosoebroto, 2007 said that legal aid will help
underprivileged groups to "can stand the same height and same sitting low"
with the other more capable before the law.
Legal aid on the rights and dignity of the human being there are many,
including:
a. Article 27 (1) reads "All citizens simultaneously its position in law
and Government is obligated to uphold the law and rule it with no
kecualinya".(Bago & Gultom, 2018)
b. Article 1 1 grain of Act No. 39 of 1999 year's HAM is a set of rights
which is inherent in the nature of human beings and the existence of
God and his grace is obliged to respect, uphold high, and protected
by the State, the law of the Government and any person for the sake
of honor and dignity and the protection of human dignity.
c. Law No. 16-year 2011 set about legal assistance already provided by
the Government free of charge. The purpose of this ACT was so that
poor people's rights can be met and accompanied by legal services.
There are some conditions so that the poor get free legal aid that is
unable to meet the base properly and independently like a right to
food, clothing, health care, civic services, employment and
housing.(Pujiarto, Kalo, & Ikhsan, 2016)

In doing legal aid to do surveillance, monitoring and evaluation.

a. Supervision
The purpose of surveillance is to assess the Organization's activities legal
assistance in carrying out the grant of legal aid. There are 2 ways of
doing pegawasan, namely:
a) directly by means of Supervision was carried out by examining the
document directly if there is a mistake in giving the law bantauan to
immediately go to repair.
b) indirect Supervision by means of indirect supervision was carried
out by examining the report from the community.
b. Monitoring
The goal of monitoring is to observe the behavior of the State or the
Organization of legal aid conducted by the Supervisory Committee or the
Committee of Trustees Center Center. Monitoring can be done by means
of periodical or incidental.
c. Evaluation
The purpose of the evaluation is to assess the implementation of the
grant of legal aid is in compliance with the standards of the legal
assistance and legal aid budget management reporting. Evaluation can be
done by means of periodical or incidental.

C. Discussion
On the fact that there are in the community is often the rights obtained
by the patient are in a weak position caused by lack of knowledge of the
patient against the rights that can be obtained. Whereas in the State laws
already guarantee every citizen his rights protected by law in accordance with
Act No. 39 of 1999 year's HAM is a set of rights which is inherent in the
nature of human beings and the existence of God and His grace is a must be
respected, high esteem, and protected by the State, the law of the Government
and any person for honor as well as the protection of the dignity and the
dignity of human beings. In article 27 (1) reads "All citizens simultaneously
its position in law and Government is obligated to uphold the law and rule it
with no kecualinya". Knowledge of the patient against the rights that can be
obtained is important because there are several factors that can lead to
fundamental rights or the rights of such patients ignored so that the protection
for the rights of the patient law ersebuyt are increasingly fading
away.(Siringoringo, Hendrawati, & Suharto, 2017)
The law provides protection with regard to the rights of patients,
which resulted in not satisfy it. Does not satisfy the rights of patients included
in the less professional in delivering services and certainly violates our code
of conduct as a nurse. Less skill, not professional in providing health services
to violate our obligations as a profession is a bad action acmsoft Thursday
and and illegal.

Rights that can be got by patients other description:


1. The right get to medical information
The patient has the right to mengeahui everything money concerned
about disease, diagnosis, development of an acceptable risk or from
actions taken.
2. A right authorizes medic intervention
Prior to the action of informed consent are entitled to a patient by a
doctor this is one form of therapeutic communication health worker can
do.
3. Secret patient medical
Maintaining the confidentiality of patient medical is the obligation of
health care personnel such as diahnosa, lab results, or everything that is
known by health workers while treating patients.
4. The right to refuse treatment or medical action
Patient rights against actions that may be received, health workers
should not be forcing action medic do. When given an explanation but
the patient or guardian refuse such action is the patient should sign the
renunciation of action
5. The right to know the contents of the record medic
Already the duty of medical personnel to maintain the confidentiality of
the patient if the patient wishes to relatives or family to find out the
progress of the disease based on the consent of the doctor or the
hospital.
6. The right to a second opinion
The patient has the right to receive a second opinion from a doctor if the
patient both feel in need of a second opinion that therefore doctors or
other medical personnel must not be offended about the decisions taken
and the decisions taken would be be the responsibility of the patient
itself.
CHAPTER III
Closing

A. Conclusion
Everyone has rights included patients where if this doesn't happen then
it will result in a clash which do not comply with the Act or regulations. It is
based on Act No. 39 of the year 1999 on human rights, as noted in Chapter 1,
and Act No. 36 of the year 2009, article 5 paragraph (2) and section 7.
Legal aid is one of manifestation of the 1945 CONSTITUTION.
Basically the term legal assistance it is legalaid and legal assistance. In legal
aid needs to be supervision, monitoring and evaluation. Legal assistance on
rights and human dignity exists on the ACT article 7 paragraph (1), article 1
of ACT No. 1 grain of 39 years, 1999 and Act No. 16 of the year 2011.
The rights that may be acquired by patients, among others, Ha katas
medical information, the right to give consent to medical acts, ha medical
secrets katas, the right to refuse, the right to know the content of the medical
record, and ha katas second opinion.

B. Advice
On the fact that there are in the community is often the rights obtained
by the patient are in a weak position caused by lack of knowledge of the
patient against the rights that can be obtained. Whereas in the State laws
already guarantee every citizen his rights protected by law. The law should
provide protection with regard to the rights of patients, which resulted in not
satisfy it.
REFERENCE

Bago, F., & Gultom, M. H. (2018). PERANAN BANTUAN HUKUM DAN PERLINDUNGAN HAK
ASASI MANUSIA DALAM TINDAK PIDANA. JURNAL MUTIARA HUKUM, 1(1), 24-33.
Firdaus, F. (2016). Pemenuhan Hak Atas Kesehatan Bagi Penyandang Skizofrenia di Daerah
Istimewa Yogyakarta (rights fulfillment on health of people with Schizophrenia in
special region of Yogyakarta). Jurnal Ilmiah Kebijakan Hukum, 10(1), 87-103.
Kusumaningrum, A. E. (2019). PERGULATAN HUKUM DAN ETIK TERHADAP EUTHANASIA DI
RUMAH SAKIT. SPEKTRUM HUKUM, 16(1), 37-59.
Maulana, M. I. (2018). Perlindungan Hukum terhadap pasien atas beredarnya Vaksin palsu
di Kota Bekasi dihubungkan dengan Undang-Undang Nomor 36 Tahun 2009
Tentang Kesehatan Dan Undang-Undang Nomor 8 Tahun 1999 Tentang
Perlindungan Konsumen. UIN Sunan gunung Djati Bandung.
Pujiarto, I. W., Kalo, S., & Ikhsan, E. (2016). Pelaksanaan Pemberi Bantuan Hukum Dikaitkan
dengan Undang-undang No. 16 Tahun 2011 Tentang Bantuan Hukum. Arena Hukum,
8(3), 318-341.
Siringoringo, V. M., Hendrawati, D., & Suharto, R. (2017). Pengaturan Perlindungan Hukum
Hak-hak Pasien dalam Peraturan Perundang-undangan Tentang Kesehatan di
Indonesia. Diponegoro Law Journal, 6(2), 1-13.

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