Health Law Research Articles

Eradication of Animal Abuse of Cafe Based on the Instruction of The Governor of East Java No.1/INST/2012

Karapan Sapi is known as a cow racing contest on Madura Island, which has a high selling value when the cow wins. Karapan Sapi is internalized in people's lives and requires protection for cows as (living) animals. The aim of this research is to determine the protection of cow race animals from the perspective of East Java Governor's Instruction No. 1/INST/2012. The research method used is normative legal research. The results of this research state that the protection of animals (cows) in the implementation of the Karapan Sapi is regulated in Article 302 of the Criminal Code; Article 66A of the Animal Husbandry and Health Law; and Article 92 letter b PP 95/2012. East Java Governor's Instruction No. 1/INST/2012 in terms of content is quite effective, but not effective enough to completely eradicate violence and mistreatment of cows, because there is still a gap for minor violence to be carried out.

Investigation on the health evaluation of mechanical system in powertrain based on subjective and objective fusion method

The powertrain is a core component of military heavy tracked vehicles, and the accurate evaluation of its reliability and health is gradually becoming a key technology to improve our military combat effectiveness. However, the powertrain is a complex system integrating mechanical, electrical, and hydraulic components, which is difficult to achieve its accurate assessment and comprehensive characterization. Therefore, using data-driven and expert opinion fusion method to evaluate the mechanical system health is gradually becoming a research trend. This paper points out the composition of evaluation system, and puts forward how to calculate the index. Then using subjective and objective fusion method to analyze these indexes of mechanical system health and calculate the weights of each index. Based on the weights, the fuzzy comprehensive evaluation method is used to score and summarize the change law of mechanical system health. In conclusion, this study enriches the method of effectively evaluating the mechanical system health, and verifies the accuracy of this evaluation method. It will provide an evaluation basis for improving the mechanical system reliability.

Forensic mental health in Kuwait: filling the gaps

The case of M’Naghten (1843) laid out the insanity defence test for the British legal system. Later, many countries basing their criminal legislation on the British common law system, including the Criminal Act of Kuwait, adopted the test. The Act forms the basis for forensic psychiatric assessments. Several countries amended their criminal laws to provide a better balance between public safety and human rights protection. However, the Criminal Act of Kuwait remains unchanged for offenders with mental illness since its enactment in the early 1960s, with several gaps concerning the detention mechanisms and the discharge of such offenders. However the Kuwait Mental Health Law (2019) eventually filled these gaps. This paper describes the function of forensic mental health services in Kuwait, discusses and compares the Criminal Act of Kuwait with other nations’ criminal laws and describes the forensic section of the Kuwait Mental Health Law (2019).

Analysis of the Formulation of Health Laws in the Perspective of Media Coverage

The drafting of the Health Law using the omnibus law method not only received pros and cons from various parties in the field but also spread to the world of digital media. This article aims to see differences in trends in reporting related to the drafting of the Health Law in the media. The qualitative method with a theoretical approach where media is the center of study (media-centric), which can be a driver of social change (socio-centric), becomes a perspective in analyzing the data found. The reporting trend in the mass media, where neutral sentiment is only 10%, shows that the space and time given to each party are not proportionally balanced, thus encouraging the publik to shift to the media to express views and opinions. Although this social media does not meet journalistic rules, it can offer digitization, convergence, interaction, and development of networks, which are considered more effective in communicating a publik interest.

Homoeopathy in the Eyes of Legislation in India

Therapeutics systems are governed by public health laws of the nations in which these are rolled out & practiced. The current article discusses the therapeutic system of Homoeopathy of AYUSH in India & the public health laws that govern this therapeutic system in India. The next step which the article goes through is the journey of the therapeutic system in the nation which becomes the pivotal for the article. The current article deals with the current situation of the homoeopathic therapeutic system at global followed by the national level. As an intervention strategy to deal with the roll out modalities of homoeopathy, the article discusses the journey of its related public health laws also. Finally, the article discusses the role of homoeopathy of AYUSH ministry of India in the current context & proposes a multi stage involvement based on the successful therapeutics in Homoeopathic Materia Medica. The focus of the article on homoeopathy & its related public health laws is critical as it can cover masses as it is cost effective, therapeutically effective & has no side effects. In order to achieve the roll out of these beneficial properties, the related public health laws need effective implementation.

Doctor's Liability to Patient Due to Default in Therapeutic Agreement (Case Study of Ma RI Decision Number 2811 K/Pdt/2012)

The legal relationship that occurs between a doctor and a patient is called a Therapeutic Agreement/Transaction. Risks that can cause harm to patients can occur in even the smallest medical procedures. A doctor can be held liable if he has made a mistake or negligence and caused harm, although basically no doctor intentionally makes a mistake as happened in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012. The type of research used by the author is normative juridical, namely legal research carried out by examining library materials or often also referred to as library legal research. The results of the research carried out were obtained by the judge's consideration in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012 which was inaccurate, because according to the Supreme Court judge, the cassation respondent's actions were correct and did not violate any legal provisions. In fact, after a description of the facts in the series of events in this case, it was clearly found that the doctor and hospital had done things that violated the provisions of the Health Law, including violating the Medical Code of Ethics. The actions of the cassation respondent, especially doctor E and including doctor J as the recipient of the delegation, have been proven to be in breach of contract. This is because the actions of the two doctors violated the provisions of the Medical Practice Law, namely that the actions they took were not in accordance with standard procedures and violated the provisions of the law.

Legal Protection For Doctors in Running A Practice

Purpose: Legal problems that may arise as a result of using hospital services when a general practitioner is on call to carry out medical procedures that are the rights of the treating doctor. This article aims to determine the practice of implementing health law in relation to the protection of doctors who carry out daily practice in Indonesia. This article also reviews deviations in health law in relation to medical practice in Indonesia. In the end, the author intends to offer and provide solutions to problems and irregularities in the implementation of health law in medical practice so it is hoped that this article can become a reference in increasing compliance with health law, especially regarding the protection of doctors when carrying out medical practice. Theoretical Framework: Legal protection is something an effort to protect individual interests by allocating a human right of power to the individual to be able to act in the context of those interests. Legal protection is basically protection given to legal subjects in the form of legal instruments. Doctors who carry out their profession have the right to receive legal protection as regulated in Article 50 of Law Number 29 of 2004 concerning Medical Practice. Hospitals are obliged to provide legal protection to doctors who work in their hospitals in accordance with the hospital's obligations as regulated in Article 29 paragraph (1) letter (s) of Law Number 44 of 2009 concerning Hospitals. In Indonesia, laws and regulations do not yet clearly regulate legal protection for doctors. Method: This study uses normative legal methods supported by literature reviews from national and scientific journals international. The main focus of the subject is law, which is understood as social standards or regulations that guide everyone's behavior. Results: The research results show that as long as doctors follow standard operating procedures in their practice, they are allowed to carry out medical procedures to save lives in emergencies. Professional standards refer to a set of minimum competencies (knowledge, abilities, and attitudes) that a doctor must possess. Conclusions: Legal protection for medical professionals practicing in hospitals is necessary to ensure that the health services offered comply with medical standards and medical ethics. At the same time, improving health service standards needs to be supported by providing a supportive work environment for doctors.

Legal Responsibility for Medical Risks and Medical Negligence in The View of Health Law

This research examines legal aspects related to medical risk and negligence in the context of health law in Indonesia, especially after the ratification of Law Number 17 of 2023 concerning Health. Normative research methods are used, with a focus on examining legal principles, statutory regulations, relevant cases, and conceptual approaches in legal science related to medical negligence. The research results highlight that in criminal law, liability for medical acts deemed negligent depends on clear evidence of fault, in accordance with the principle "No punishment if there is no fault". This law specifically regulates criminal sanctions for health workers who are proven to have committed negligence that causes serious injury or death to patients, as regulated in Article 440. Medical risk is an inherent part of the practice of medicine, but medical negligence is defined as a deviation from the expected standard of care. This research also highlights the obligations of hospitals in providing safe and effective services in accordance with established standards, and their accountability for negligence that occurs, as regulated in Articles 189 and 193. Law Number 17 of 2023 also introduces a risk management system to prevent medical negligence, as well as the formation of a special assembly by the Minister of Health to resolve medical disputes, including allegations of negligence. This research underlines the importance of a comprehensive understanding of health law in medical practice and handling of medical negligence cases in Indonesia.

Higher penalties, broader definitions, and national standards: Did harmonized Australian workplace health and safety laws reduce workers' compensation receipt?

AbstractA quasi‐experiment was created in Australian policy between 2012 and 2013 when workplace health and safety laws were harmonized in all but two jurisdictions. This reform expanded definitions for duty of care, introduced criminal enforcement, and increased penalties. Using stacked difference‐in‐difference estimation, we fail to find overall reduced workers' compensation probability over the post‐reform period. However, we find significantly reduced workers' compensation probabilities for high‐risk industry workers and workers in single‐location employers. We conclude that more consistent laws may not reduce overall claims and injury if they do not reduce complexity or consider available inspectorate resources, and if jurisdictions have implementation flexibility.

From law school to practice: conflict in Australian University mental health management and law student employability

ABSTRACT Extensive research shows that both law students and lawyers suffer from statistically increased mental ill health. Despite the research, there is a disconnect between support for law students struggling with mental ill health and the accreditation guarantee that students have adequate preparation for legal practice. This article reviews Australian universities’ claims providing both employment-ready graduates and mental health support for their students. However, when Australian universities grant ongoing extensions for law students who suffer from mental ill health, the university fails to provide these students sufficient preparation to perform an inherent requirement of legal practice: a demonstrated ability to adhere to strict deadlines. As such, a University may fail to meet its own claims of employment focus in the context of legal education for this cohort of graduates. With increased discussion relating to student mental ill health and the Covid-19 pandemic, there is an opportunity to better address mental ill health in law students. The article provides an immediate solution for Australian jurisdictions, using existing Australian university learning outcome framework. This solution can provide a framework for other jurisdictions that require accredited law school graduation as part of law licensure to better promote mental health and wellbeing before entering practice.

Charity Scott: Teacher, Mentor, Collaborator, Interdisciplinarian.

Charity Scott brought health law to Georgia State College of Law in the fall of 1987. Through her faculty appointment, along with her boundless energy and intellectual curiosity, she set herself on an odyssey. She began by teaching a single general health law class. This beginning led to the development of a full curriculum in the field, complete with experiential learning opportunities and a certificate in health law program. In addition to creating learning and career opportunities in health law for law students, her development of the Center for Health, Law and Society created academic opportunities for leading health law faculty.

Health Law Enforcement Against Malpractice Activities in Indonesia

Health Law is one of the most important laws that is currently growing in Indonesian society. The growth of Health Law is not merely a formality of the growth of Law in Indonesia, but also as a form of support for the demands and needs of the Law of the Indonesian Society which is growing day by day. The importance of Health Law in Indonesia, because both other laws and Health Law have been embedded in Indonesian society. We can imagine, if there is only health without any laws that regulate it, then everything regarding health will not work according to our needs. With the existence of health law instruments, it will guarantee legal certainty and comprehensive legal protection for both health providers and the public receiving health services. Until now cases of malpractice continue to occur in Indonesia. This is in the spotlight where legislation relating to Health Law is very much needed. In this research, the appropriate method used is case study and literature study. From the case study, the author will take an example of a case that will lead to the growth of Health Law in Indonesia. Meanwhile, the study of literature helps the author to write this article by reading from books and references. The conclusion of this paper is that malpractice activities carried out by medical personnel often cause harm to patients and have fatal consequences. Enforcement of Health Law on Malpractice activities must be stricter. This means that it is not ambiguous that Malpractice Enforcement must really exist in the legislation, not based on the relevant articles.

Legal Protection of Patients in Telemedicine Services in Indonesia

The Health Law in regulating the use of telemedicine/telemedicine is much more general than the regulations in the Kepmenkes and Permenkes. Because the Health Law is much more general and only mentions a few provisions in the mechanism of running telemedicine, namely only related to definitions, health efforts, and health service facilities. Based on the three rules described above, none of the provisions regulate the rights of patients or the legal protection of patients who use the utilization of telemedicine. The type of research used in this study is normative juridical research. Furthermore, the research approach in this study uses a stata approach. This research is descriptive, which makes a systematic description, regulation of telemedicine and patient protection in telemedicine services. The author concludes, first, Based on the three rules, no one mentions the existence of legal protection regarding patient rights in using telemedicine, but the legal protection referred to in the Health Law is only to patients in general. Second, the vagueness regarding the protection of these rights specifically in the implementation of telemedicine. So that the regulation related to the protection of patients' rights in the implementation of telemedicine still has several gaps that need to be regulated further.

Operationalizing Power in Health Law: The Hospital Abolition Hypothesis.

This symposium Article describes how prison abolitionist arguments also support the hypothesis that a defining goal of health law should be the abolition of hospitals. Like prison abolitionism, the hospital abolition hypothesis can provide a constructive way to shift the focus of legal analysis from substantive dimensions (in health law - cost, quality, access, and equity) to the dimension of power.

Charity Scott - A Masterful Teacher.

In 2006, the University of Maryland Carey School of Law had the privilege of co-hosting the annual Health Law Professors Conference with the American Society of Law, Medicine & Ethics (ASLME). Coincidentally, as director of the Law & Health Care Program at Maryland, I had the opportunity to announce the winner of the Jay Healey Health Law Teachers' Award at the conference. The award is given to "professors who have devoted a significant portion of their career to health law teaching and whose selection would honor Jay [Healey's] legacy through their passion for teaching health law, their mentoring of students and/or other faculty and by their being an inspiration to colleagues and students."1 Healey, a Professor in the Humanities Department at the University of Connecticut School of Medicine, was the youngest recipient of the Society's Health Law Teachers' Award, which he received in 1990. He was passionate about teaching and had the idea to devote a session each year at the annual conference to teaching health law. It was always a plenary session at which he challenged us to be better teachers. Jay died in 1993, at the age of 46, not long after the Health Law Teachers conference that year, which he attended and which also happened to be held in Baltimore at the University of Maryland School of Law. Thereafter, the award was given in his name.

Comparing mental health and mental capacity law data across borders: Challenges and opportunities

The island of Ireland is partitioned into Northern Ireland and the Republic of Ireland. In both jurisdictions, there have been important developments in mental health and mental capacity law, and associated policies and services. This includes an emphasis on developing more comprehensive approaches to collecting data on outcomes and so there is an opportunity to align these processes to enable comparison and shared learning across the border. This article explores: legal and policy developments; international approaches to mental health outcomes; and the type of data that would be helpful to collect to better understand the use of mental health and mental capacity laws. It is argued that an inclusive strategy to developing a comprehensive, integrated and aligned approach to collecting and analysing data would benefit citizens, policy makers and professionals.

Health Law and Bigotry Distractions.

Bigotry distractions are strategic invocations of racism, transphobia, or negative stigma toward other marginalized groups to shape political discourse. Although the vast majority of Americans agree on large policy issues ranging from reducing air pollution to prosecuting corporate crime, bigotry distractions divert attention from areas of agreement toward divisive identity issues. This article explores how the nefarious targeting of identity groups through bigotry distractions may be the tallest barrier to health reform, and social change more broadly. The discussion extends the literature on dog whistles, strategic racism, and scapegoating.

Strategy, Morality, Courage: Bioethics and Health Law after Dobbs.

Our paper examines what is required to protect and promote effective public discussion and policy development in the current climate of divisive disagreement about many public policy questions. We use abortion as a case example precisely because it is morally fraught. We first consider the changes made by Dobbs, as well as those which led up to the Dobbs decision, accompany it, and follow from it.

A Tribute to Professor Charity Scott: Imagination, Reflection, and the Jay Healey Teaching Plenary.

Georgia State University College of Law Professor Emerita Charity Scott quoted these words from Albert Einstein in June of 2022 as she concluded a tribute to Professor Joseph (Jay) M. Healey, one of the founding lights of health law and health law teaching. She chose the quote because she thought the words and sentiment would resonate with Jay. I repeat it because Dr. Einstein's words capture the essence and heart of Charity's approach to teaching, pedagogy, and life. Charity modeled, urged, nudged, and taught the community of health law professors to embrace imagination and creativity. Charity's vision has helped us be more creative and reflective teachers.2.

Perception of Health Professionals on the National Health Act, 2014, in University College Hospital, Ibadan

Abstract Background: The National Health Bill was the most debated bill from the legislative arm of government since 1999 and yet, many health professionals are largely unaware of its details. There had been insufficient health legislation establishing a unified national health system in Nigeria, such as provided for in the National Health Act (NHA), 2014, leading to duplication of functions and laws. Health professionals, being key policy actors and at the front line of healthcare, easily notice the impact of policies set by actors in the health-care system. Therefore, their knowledge and perception of the NHA as legitimate, will compel obedience with the provisions of the act, and also create a basis for stronger advocacy for its implementation for the overall strengthening of the health-care system that the act intends to provide a legal framework for. Methodology: This is a descriptive cross-sectional study to assess the perception of health professionals at the University College Hospital, Ibadan, on the NHA, 2014. Participants were selected by a multistage (stratified and then systematic) random sampling technique. Data were collected quantitatively using a self-administered semi-structured questionnaire. The quantitative data were entered and analysed using IBM SPSS version 23. Results: Awareness of the respondents about the Act was good, with up to 75% of respondents being aware of the existence of the NHA Act. However, the knowledge of the content of the Act was poor among all the cadres of health professionals. The differences in awareness among the different cadres of health professionals were statistically significant with the doctors being more aware and the nurses least aware, P = 0.001. The majority of health professionals perceive that the NHA is sufficient to regulate health care and set the appropriate standards in Nigeria. However, the health-care professionals also perceive that Nigerian government is incapable of diligently implementing the provisions of the Act. Conclusion: There is a need for sustained remedial action by health-care professional bodies, organised media, and relevant government ministries and agencies, to ensure that stakeholders, including health professionals, are abreast with the provisions of the NHA, through prioritising health laws as key areas in undergraduate school curricula and continuing medical education on health laws for the practicing health professionals. Good knowledge of the Act will increase the advocacy efforts by the health professionals and other stakeholders towards the implementation of the provisions of the Act by the government and other relevant stakeholders. There is also a need for the government to show more commitment in publicising its effort at the implementation of the Act to improve the poor perception by the health professionals on the government’s ability to implement the provisions of the Act, as seen in this study.