Académique Documents
Professionnel Documents
Culture Documents
Background
Health is a human right as well as capital for the sustainability of a country.
Health as a human right to be protected by the state and given to all Indonesian
citizens without discrimination. Constitution of the Republic of Indonesia
Year 1945 Article 1 (3) explicitly states that Indonesia is a country of law. As
a state based on law, all aspects in the areas of society, nation and state,
including the government always based on the law..
Professional nursing has many complex and inter-twined relationships in
the legal arena that are important to identify and understand.1 This opinion
was expressed that the nursing profession is very complex in relation to the
law, which is very important to know and understand. Nurses carry out its
duties and functions in the hospital dealing directly with beneficiaries are
patients and their families. The current health care showed very rapid
progress, both in terms of knowledge and technology, including how medical
treatment and nursing actions vary. In line with these advances, the incidence
of malpractice and negligence continued to increase as a result of the
complexity of the shape of health services, especially nursing provided by
nursing standards.2
B. Problem Identifying
Based on the background of the above problems, the writer can formulate th
e problem as follows:
Black, Beth Perry, 2011, Professional Nursing : Concept and Challenge, 7th ed., St Louis
Missouri, hlm. 67.
2
Craven & Hirnle, 2000, Fundamentals of Nursing, Lippincott, Philadelphia, hlm. 201.
C. Objective
This thesis has two kinds of legal research purposes. The objectives of this st
udy set out to answer theses questions, namely:
1. This thesis research aims to identify and assess the existence of the I
nternal Rules Nursing Staff in the protection of the law for nurses in
hospitals Banjarbaru, by analyzing the material, the basic substance o
f regulation and the status of the regulation relating to the principles a
nd norms of the law, systematics of law and compliance with legislat
ion in force.
2. This thesis also aims to identify and analyze the implementation, sup
ervision and guidance, as well as constraints and efforts made by hos
pitals Banjarbaru in implementing the Internal Rules of the nursing st
aff.
D. Method of Research
This study is a normative-empirical research with qualitative research
design is descriptive, the research seeks to describe a phenomenon, events,
events that occurred during the implementation of the Internal Rules nursing
staff in hospitals in an effort Banjarbaru legal protection for nurses who work
there. This descriptive study focusing solving actual problems relating to the
implementation of these regulations, as well as supervision and oversight
conducted as they are at the time of research conducted.
The study began by gathering as much information as possible starting
with the secondary data include regulations Legislation, Regulatory Policy,
Decisions and related documents then followed by field ie hospitals
Banjarbaru, and form this information into categories or specific themes,
which later developed into patterns, theories or generalizations will be
compared with personal experiences or the existing literature.3 This study
consisted of normative research and empirical research are complementary..
a) Library Research
The research literature can stand alone without being accompanied
or completed field research, but to complete it should be supported
by field research. Library research conducted by the author include
research into the legal norms that should (das sollen) includes the
general principles of law, legal systematics, the level of vertical and
horizontal synchronization, comparative law and legal history.4
b) Field Research
John W. Creswell, 2013, Research Design : Pendekatan Kualitatif, Kuantitatif dan Mixed,
Cetakan III, Pustaka Pelajar, Jakarta, hlm.96.
4
Soerjono Soekanto, 1984, Pengantar Penelitian Hukum, Cetakan 2014, Penerbit Universitas
Indonesia Press, Jakarta, hlm.. 21-22.
A. Research Materials
The research material consists of primary data and secondary data.6
The primary data obtained directly from the first source, namely behaviors
that occur in hospitals Banjarbaru environment related to the
implementation, guidance and supervision of the Internal Regulation of
Nursing Staff. Secondary data is data obtained from the research literature,
including official documents, books tangible results of research reports,
diaries, and so on. In this study, secondary data consists of three (3) types
of legal materials as follows:
a. Primary legal materials, i.e materials that are binding law as a basis;
b. Secondary law, namely the legal materials that provide an explanation
for primary legal materials;
primary
data
by
interviewing
the
Ways of
informant
and
Soegiyono, 2011, Metode Penelitian Kuantitatif, Kualitatif, dan R&D, Bandung: Alfabeta,
hlm.225.
Governing Committee Banjarbaru years 2014 to 2019, and has owned and
implementing Internal Rules Nursing Staff or commonly known Nursing
Staff By Laws.
Subjects consisted of respondents and informants. The sampling
technique in this study using a non-probability sampling, using purposive
sampling technique is to set the conditions or criteria with regard to the
problems studied as a basis for making sampeluntuk speakers and
respondents.
Selection of research subjects is not independent of inclusion and
exclusion criteria. The inclusion criteria of this study respondents are::
1) The subject actively involved in the preparation or the
creation of a committee of nursing hospitals Banjarbaru;
2) The subject is a committee member of the nursing hospitals
Banjarbaru;
3) e subject is still actively working in hospitals Banjarbaru;
4) The subject is willing to be questioned about the research.
Exclusion criteria research subjects include::
1) The subject of the legal process that still has no binding legal force;
2) The subject who experienced health problems and psychological.
Further research respondents and resource persons studied were as
follows:
1) Respondents
Akreditasi
College
Sertifikasi
ujian kompetensi
Registrasi
STR
MTKI
Lisensi
SIK-SIP-SIPP
Health Department-BP2T
Kredensialisasi
Clinical Appointment-Clinical Privilege
10
Tabel 2. The legality of the practice nurse at the General Hospital of Banjarbaru
No
Variabel
1.
Occupation
2.
Registration
3.
License
4.
Credentials
Act
a) Act No.38 of 2014 on Nursing
Article 1 paragraph 2
b) Act No.36 of 2014 concerning
Health Workers Article 1
paragraph 1
a) Act No. 38 of 2014 on Nursing
Article 18 paragraph (1);
b) Act No. 36 of 2014 on Health
Workers Article 44
a) Act No. 38 of 2014 on Nursing
Article 19 paragraph (1);
b) Act No. 36 of 2009 on Health
Article 23;
c) Act No. 36 Year 2014
concerning Health workers
Article 46;
d) Act No. 44 of 2009 on
Hospital Article 12 paragraph
(2)
-
Implementation rules
Practice License
Work Permit
Establishment of Nursing
Committee, drafting MSBL,
Assignment Clinical
Director (Clinical
appointment)
11
12
authority
(delegatoris)
of
the
authority
of
origin
13
Hotma P. Sibuea, 2010. Asas Negara Hukum, Peraturan Kebijakan, dan Asas-Asas Umum
Pemerintahan Yang Baik, Penerbit Erlangga, Jakarta, hlm.68.
14
10
Hasil wawancara dengan responden Norlailati, wakil ketua Komite Keperawatan RSUD
Banjarbaru pada tanggal 2 Mei 2016.
15
carry out the process kredensialisasi to nurses so that they can be given
Clinical and Clinical Privilege according to their competence
Appointment.11
11
The results of interviews with respondents M. Abrar, member of the Sub Committee on
Credentials Committee Banjarbaru Nursing Hospital on May 3, 2016.
16
Tabel 3. Constraints and efforts in the implementation of the Internal Regulation of Nursing Staff
No
Problems encountered
Cause
Communication between
Nursing Committee members
internally and externally has not
gone well
The absence of the Ad Hoc
Committee and white paper
17
Initiative
in
communication
and
coordination with the Department of Health,
Agency for Hospital, Hospital supervisory
board as well as other regulatory elements
up to the central government.
18
As a unified system, three aspects of the growing legal and related to one
another. Ideally, an activity or advocacy program in this case is the
implementation of the Internal Rules Nursing staff should cover all three
objectives change. Changes that occur in one aspect does not necessarily bring
changes in other aspects. In the legal structure and the substance of the law are
already qualified, but the legal culture is not created properly then certainly the
implementation of the Internal Rules of the nursing staff will not run properly.
Changes a text legislation or regulatory policies issued by the government that
the Internal Regulation of Nursing Staff (Nursing Staff By Laws), does not in
itself change the mechanism of action of the institution or its implementing
agencies, namely the Director, Nursing Committee. Supervisory Board as well
as other relevant parties regarding the implementation of the regulation
F. Conclusion
Based on the results of research on the existence of the Internal
Regulation of Nursing Staff (Nursing Staff By Laws) in Legal Protection
for Nurses in hospitals Banjarbaru, it can be concluded as follows:
1. Existence of Internal Nursing Staff Regulations (Nursing Staff
By Laws) in hospitals Banjarbaru not entirely his presence felt,
both by the executive (committee of nursing and director),
manager and supervisor (Provincial Hospital Supervisory Board
and the Supervisory Board of the Hospital) as well as nurses in
hospitals Banjarbaru itself, although it has been outlined in a
regulation director. A form of existence of this rule in the form of
19
20
Government of Banjarbaru
Government Banjarbaru may be seeking legal protection for nurses
in hospitals Banjarbaru by authorizing the Internal Regulation of the
nursing staff in a form of Regulation of the Mayor and enacted in the
news area.
21
2.
3.
instructions
in
accordance
with
applicable
legislation.
4.
5.
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H. Bibliography
Buku
Black, Beth Perry, 2011, Professional Nursing : Concept and Challenge, 7th ed., St
Louis, Missouri
Craven & Hirnle, 2000, Fundamentals of Nursing, Lippincott , Philadelphia
Creswell, John W., 2013, Research Design : Pendekatan Kualitatif, Kuantitatif dan
Mixed, Cetakan III, Pustaka Pelajar, Yogyakarta
Hadjon, Phillipus M., 2005, Pengantar Hukum Administrasi Indonesia, Penerbit
Gadjah Mada University Press,Yogyakarta
Katz, Janet R., 2007, A Career in Nursing: Is It Right For me?, Philadelphia
Soegiyono, 2011, Metode Penelitian Kuantitatif, Kualitatif, dan R&D, Alfabeta,
Bandung
Soekanto, Soerjono & Mamudji, Sri, 2001, Penelitian Hukum Normatif : Suatu
Tinjauan Singkat, Rajawali Pers, Jakarta
Soekanto, Soerjono, 1982, Pengantar Penelitian Hukum, cetakan 2014, Penerbit
Universitas Indonesia Press, Jakarta
Tingle, John & Cribb, Alan, 2011, Nursing Law and Ethics, 1st Ed. Blackwell
Publishing Company, Oxford
Journals, Papers, Scientific
Wijaya, Karna, 2007, Kedudukan Perawat Dalam Hukum Indonesia (Perspektif
Socio Legal), Law Review Vol VII No. 1-Juli 2007, Fakultas Hukum
Universitas Pelita Harapan, , Jakarta
Internet Resources
Ridha, Kemal, 2013, Sistem Pengawasan di Indonesia, http://academia.edu.
2013, diakses tanggal 28 Maret 2016.
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