Reflecting On Many Patients Demanding, The Health Bill Is Expected By IDI To Guarantee The Legal Protection Of Doctors

Health workers (nakes) examined patients in the hallway of the emergency room at Cengkareng Hospital, Jakarta, Wednesday, June 23, 2021. (ANTARA-FAuzan)

Chairman of the Indonesian Doctors Association (PB IDI) Adib Khumaidi revealed that the Draft Health Law (RUU) needs to guarantee the right to legal protection for doctors and all health workers.

"This is very crucial. The current era is a litigious era, or an era where patients are getting educated, so demands for doctors and health workers are very high," Adib Khumaidi said in the Indonesia-RUU Health Health Service Transformation Dialogue which was followed from Youtube FMB9 in Jakarta, Monday, April 3, was confiscated by Antara.

Adib said this was in response to nine existing laws (UU) which are now affected by the policy of the Omnibuslaw Health Bill, including Law Number 4 of 1984 concerning Infectious Disease Outbreaks, Law Number 29 of 2004 concerning Medical Practices, Law Number 36 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 18 of 2014 concerning Mental Health, Law Number 36 of 2014 concerning Health Workers, Law Number 38 of 2014 concerning Nursing, Law Number 6 of 2018 concerning Health Quarantine, and Law Number 4 of 2019 concerning Policy.

"So many lawyers talk to us, there is a lot of their work because many patients are demanding a lot. Does this bill provide legal protection to medical and health personnel?" he said.

Adib said that the making of laws must refer to the main key, namely anti-discriminatory and social justice. However, in the Health Bill in articles 326, 327, 328 which regulates the norm of legal protection for medical personnel, it is still abstract.

"If this bill is anti-discriminatory, we are jealous. Because the Advocate Law gives immunity rights to the advocate profession, the notary Law gives immunity rights to notaries, and the MPR / DPR Law also gives immunity rights," he said.

Adib said, currently there are three demands that can be experienced by the medical profession and health workers, namely demands from the Disciplinary Honorary Council, demands that arise from cases in the Criminal Code, and civil demands.

If doctors and medical personnel are not guaranteed legal protection rights by law, Adib said, what will happen is that medical personnel will make high-cost health efforts, through comprehensive patient health screening to avoid service errors.

"Everything will be checked so that it is safe. If not, there could be an error, then the doctor will be prosecuted. We will carry out a defensive pattern of medicine," he said.

Adib said that thorough patient health checks are still contradicting the JKN policy which requires medical personnel to carry out clinical pathway procedures or treatment routes through analysis and physical examinations that are adjusted to the Clinical Practice Guidelines (PPK) procedure to measure cost efficiency.

"This is contradictory to the JKN program, which currently has minimal health service standards. All (related diseases) are not examined. This needs to be a concern, don't rush the making of bills, let's talk about the interests of the community and health workers who serve health," he concluded.