Accepted paper:

The Indonesian legal and human rights protection on the relationship between medical practitioners and the patients

Authors:

Atho BinSmith (Faculty of Law, University of Sam Ratulangi)

Paper short abstract:

The Indonesian medical and health services has lately changed from humanity minded to business minded. In case of a therapy or malpractice, is hard for the patients to make litigation before the court.This unbalanced social and cultural situation provokes a human right violations in the country.

Paper long abstract:

Legal and human rights protection are not sufficient in solving toward medical problem. The patients were often treated inhuman and indiscriminately, because of the profit chasing by the physicians and the hospitals management, and the patients natural rights easily violated. Under analyzing based on the qualitative normative research, indicates that the economic, cultural, legal, education, and environmental problems are the main factors influencing the moral values.However, the change of the practitioners mental attitude in the health service which previously are more directed towards "profit-taking" should be admitted as an influence of the people's social development complexities.In case of malpractice, it is hard to make litigation in supporting the patients rights as a legal summon before the court.The Indonesian Act of Human Rights Protections No.39/1999 and the Health Care Act No.23/1999 for the health and Human Rights protection have not given much improvements to this problem. Principally, the physician and their patients relationship are bound by the Professional Ethic Code. Thus, the legal guarantee and human rights protection to both sides are firmly guarded. However, most of the physicians have an "privilege access" by which they considered as a "right" not as "responsibility". This attitude has potentially produced a prolonged unbalanced social and cultural situation that inflicts a loss upon the patients.

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