Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Hospital by Laws Establishment in Order of Law Certainty for Good Health Service in Indonesia

Author(s): Gustafianof, Yuliandri, Ferdi, Fadillah Sabri

The Health Service at the hospital plays the part of human rights that based on social rights, either the right to self-determination. Thus - relevant to rights and the obligations. Therefore, the hospital may establish their managerial hospital service throughout the Hospital by Laws. The Hospital by Laws plays as law instrument on health service in order to recent resource that resulting effectively and efficiency. The other word, the hospital bylaws roles as preventing and solving internal dispute and external dispute, furthermore to certify the certainty between internal hospital stakeholders such as doctor and medical employee including an appropriate health service for patient. The hospital existence on appropriate health service in Indonesia capable to preserve safety and qualified if internal hospital stakeholders such as employer, management and medical employee are working properly effectively, efficiency and accordance to lawful. Whereas hospital laws essential such as managing job descriptions, obligation and publicity competence, consistent and the proportional among those three components. The hospital bylaws assigned as basic framework for hospital service implementation and also to eliminate any conflict interests ever happened. By Juridical normative approaching research method, namely by researching throughout lawful norms, revealed research results that hospital bylaws establishment to achieve law certainty on appropriate health service as fulfilling with rational norms, visible, consistence, concrete legal, and optimizing values at reasonably limits which established for further laws on public health. Furthermore, hospital bylaws capable to be implemented as measurement point on the existence whether there is a failure or illegitimacy on health service. Furthermore, that hospital bylaws consist of two parts, namely corporate bylaws and medical staff bylaws.

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