Karya Ilmiah

DISERTASI (0091) - Prinsip Hukum Dalam Tata Kelola Rumah Sakit

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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.

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Ketersediaan

03107051

0091

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0091

Penerbit

Surabaya : Fakultas Hukum Unair., 2014

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

-

Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM ADMINISTRASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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