Definition of Health Law: Principles, Objectives, to Rights and Obligations

Legal definition of health – Health is a state of complete physical, mental and social well-being which enables people to live economically and socially productive lives. Therefore, it is also necessary to apply rules that can convince the parties involved.

What is meant by health law? This question is important because there is a tendency to interpret health law as a set of terms or laws and regulations for the health industry that regulate the rights and obligations of the community in relation to health services.

Such a definition of health law is of course not entirely correct, especially if it is understood that law and statutory regulations are not identical. The understanding of health law immediately shifts to the term regulation which, apart from denying the existence of health law, is also a practical perspective.

Health laws are not the same or should not be equated with all legal provisions in the health sector, even though medical laws and regulations cannot be separated from health laws.

In other words, health law also includes all laws and regulations in the health sector. Health law is broader than legal provisions in the health sector. Do Readers friends know the meaning of health law? As well as the objectives, principles, and rights and obligations? If Readers friends don’t understand the concepts in health law, let’s look at the following explanation.

Definition of Health Law

Health law is a set of legal provisions directly related to the maintenance or service of health and its application.

This means that health law is a written rule regarding the relationship between health service providers and the community or community members. Health Law itself regulates the rights and obligations of service providers and service recipients or the community.

Health law, including the “lex specialis” law , specifically protects the mandate of the health sector (provider) in human health service programs with the aim of claiming “health for all” and special protection for special “receiver” patients to obtain medical services. The health law itself regulates these rights.

Health law is relatively new in birth compared to other laws. The development of new health law began in 1967, especially with the holding of the “World Congress on Medical Law” in Belgium in 1967.

The Indonesian Health Law Association states in its articles of association that:

“Health law is a set of legal provisions directly related to the maintenance or service of health and its enforcement, as well as the rights and obligations of individuals and at all levels of society as health services. recipients and providers of health services in all aspects of the organization; means of national or international health guidelines, law in the field of medicine, case law and science in the field of medicine Health law is part of health law relating to health services.”

Health workers are individuals or people who have devoted themselves to the health profession and have the abilities and skills obtained through education in the medical field which will later be capable of carrying out all efforts related to health.

To be able to carry out medical efforts ourselves, we also need a building that we can call a medical building, so that it can be said that a medical building is a place that functions to carry out actions and every medical effort.

Talking about current health law, actually the difference between medical law and health law lies only in its scope.

The scope of medicine itself lies in matters relating to the medical profession itself. But because medicine itself is included in the health sector, medical law is included in health law.

For a more precise understanding of health law, at least it is often mentioned the views of Van Der Mijn and Leenen. In this regard, Van Der Mijn defines the right to health as a right that is directly related to health care, including: application of civil, criminal and state administrative legal documents.

Meanwhile, Leenen defines health law as a collection of legal activities and legal provisions in the health sector as well as scientific studies.

Based on the understanding of health law given by Van Der Mijn and Leenen, it is clear that what is called health law is not synonymous with all terms or laws and regulations in the health sector.

From this perspective, the orientation of the meaning of health law in all laws and regulations is very different from the meaning of health law as practice and legal regulation in the health sector, as stated by Leenen.

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As a sectoral law, the subject of health law is of course research law and the subject of medical world, therefore health law includes the formation of health law with all its aspects, and the second is enforcing applicable health law.

This means that health law does not only discuss current legal provisions, but also provides law in the health sector in accordance with developments in the world of health and the needs of society in the health sector.

Thus the laws and regulations in the health sector are the result of the application of laws in the health sector and not from general health laws.

Many see health law as a nascent field of law, including in Indonesia. Such an opinion is justified if the action receives legal attention or is measured by the introduction of official legal products in the health sector.

However, if we study the norms and regulations that apply in the health sector, health law is not a new field of law, even though the current regulations and legal provisions in the health sector are not new to adapt to social changes.

Given the notion that health law refers to all terms or laws in the health sector, it is not uncommon for us to encounter views that categorize health law by using legal provisions. In this case, health laws are grouped into:

  1. Health law that is directly related to health services
  2. Health law is not directly related to health services.
  3. Health law that applies internationally
  4. Autonomy law

Not in accordance with the health law grouping, as described above because the proposed grouping is basically medical laws and regulations in the health sector. In this case, the grouping of health laws is not the same as the grouping of laws and regulations in the health sector.

Providing responsible, safe, quality, fair and non-discriminatory health services. The government and regional governments are responsible for providing health services as mentioned above.

Monitor the performance of health services provided by the government, regional government and the community. In addition, the government is required to set quality standards for health services.

Principles of Health Law

In health science, there are several principles known, namely Sa science et sa conscience , knowledge and conscience, Agroti Salus Lex suprema / patient safety is the highest law, De Minimis non curat lex / the law does not interfere in trivial matters , Res ipsa loquitur / the facts have spoken.

There are 6 principles of health law, namely:

  1. The Humanitarian Principle based on Belief in the One and Only God to manage health must be based on humanity based on Divinity, without discriminating against groups, religions and countries.
  1. The Benefit Principle itself aims to provide maximum benefits for humanity and a healthy life for all citizens.
  1. Principles of Joint Business and Families. The Principles of Joint and Family Business aim to implement health through activities carried out by all elements of society and imbued with a spirit of kinship.
  1. The principle of fair and equitable means that health providers must be able to provide fair and equitable services to all levels of society at a reasonable cost to the community.
  1. The Principle of Life in Balance aims to regulate health which is carried out in a balance between individual and societal interests, between physical and spiritual, between material and spiritual.
  1. The principle of belief in one’s own ability and strength to manage health must be based on belief in one’s own ability and strength by using the nation’s potential as wide as possible.

In health law there is a scope that accompanies it, namely medical law, nursing law, hospital law, pollution law, waste law, X-ray device law, work safety law, and other regulations related to human health.

The existence of legal regulations in the field of health services because of the need to regulate the provision of assessment services, the quality level of assessment of medical personnel, management, cost control, freedom of citizens to determine their interests and determine government obligations, legal protection for patients, legal protection for health workers, protection third party rights and legal protection protects the public interest.

Health law is not only based on written law but is also found in case law, agreements, conventions, doctrine, consensus, and opinions of legal and medical professionals.

Purpose of Health Law

That health development aims to increase awareness, willingness and ability of the community to live healthily in order to achieve the highest degree of public health. investment for the development of human resources, economic and social production of society. The goals of health law are:

  1. Socializing and increasing understanding of health laws and hospital services for medical staff, medical examination and treatment institutions, and hospitals.
  1. Increase the legal awareness of health service providers and users in order to clearly understand their rights and obligations.
  1. Encouraging the implementation of medical/health practices which are always and fully guided by the provisions of the health law.
  1. Provide expertise in anticipating potential legal issues in health services.
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Health Legal Rights and Obligations

Each law clearly regulates rights and obligations, both on the part of the government and on the part of citizens. The Health Law also regulate the rights of certain people to guarantees and legal protection. The rights and obligations of every person are the rights to health services :

Everyone has the same right to optimal health.

1) Everyone has equal access to resources in the health sector.

2) Everyone has the right to safe, quality and affordable health services.

3) Everyone has the right to make decisions independently and responsibly regarding the health services they need.

1. Rights of Medical Personnel

In the legal sense, what is generally understood as rights are legitimate interests protected by law, while obligations are conditions that must be met. Interests essentially include rights that are guaranteed and protected by law in their implementation.

What is meant by the rights and obligations of health workers are the rights and obligations related to the implementation of the medical profession, namely the provision of medical services or medical assistance to patients. The rights and obligations of the medical profession are as follows:

  1. The right to work according to medical standards
  2. The right to refuse to do medical work that is not a professional responsibility
  3. The right to refuse a medical action that is not in good conscience
  4. The right to cut ties with patients if they deem cooperation between patients is no longer useful
  5. Doctor’s right to privacy
  6. The patient’s right to good faith in the implementation of the treatment contract
  7. Right to wages
  8. The right to fair treatment of dissatisfied patients
  9. The right to defend oneself
  10. The right to choose the patient

Based on  health related regulation of medical services during disasters.

1) The government, regional government and community are responsible for the availability of resources, facilities and the implementation of comprehensive and sustainable disaster health services.

(2) The medical services referred to in paragraph (1) include emergency medical services and disaster response.

(3) Health services as referred to in paragraph (2) include emergency services that save lives and prevent other disabilities.

4) The government provides financial guarantees for the health services mentioned in the paragraph.

(5) Funding as referred to in paragraph (4) originates from the State Revenue and Expenditure Budget, Regional Revenue and Expenditure Budget, or community assistance as required by laws and regulations.


2. Obligations of Medical Personnel

Doctors’ obligations (De beroep plichten van de arts) can be divided into five categories, namely:

  1. Obligations related to social functions are maintaining health
  2. Liability related to medical standards
  3. Obligations related to medical science purposes
  4. Obligations related to the principle of balance (proportionate ite it bebeel)

3. Right of Patient/Community to Get Health

Patient rights in general are regulated as follows:

  1. Get information about the rules and regulations that apply in the Hospital.
  2. Gather information about the rights and obligations of patients.
  3. Get services that are humane, fair, honest and non-discriminatory.
  4. Achievement of quality medical services in accordance with professional standards and standard operating procedures.
  5. Obtain effective and efficient services so that patients avoid physical and material losses.
  6. File a complaint about the quality of service received.
  7. Get privacy and security about your illness, including medical data.
  8. Gather information, including diagnosis and medical procedures, purpose of medical treatment, other actions, possible risks and complications, prognosis for procedures performed and estimated costs of treatment.
  9. Approve or reject the actions taken by health workers for the disease they are suffering from.
  10. Carry out worship according to religion or belief as long as it does not disturb other patients.
  11. Ensuring your safety and security during treatment at the hospital;
  12. Send suggestions, recommendations, improvements to your hospital.
  13. Sue and/or sue the Hospital if the Hospital is suspected of providing substandard services, both civil and criminal.
  14. Complaints on hospital services that do not meet service standards through print and electronic newspapers as stipulated by law.

4. Obligations of Patients/Society to Obtain Health

  1. Follow all the rules and regulations that apply to the hospital.
  2. Follow all doctor and nurse instructions during treatment.
  3. Provide correct and complete information about the disease to the person being treated. 4. Reimbursement/compensation for hospital/doctor services.
  4. Fill in what has been agreed/agreed on.