PERLINDUNGAN HUKUM TERHADAP KELUARGA JENAZAH PASIEN KASUS PROBABLE COVID-19 (STUDI PUTUSAN NOMOR 301/PDT.G/2020/PN.SMN)

Rafiqah Azkiya Nada Ishlah, NIM.: 18103040002 (2022) PERLINDUNGAN HUKUM TERHADAP KELUARGA JENAZAH PASIEN KASUS PROBABLE COVID-19 (STUDI PUTUSAN NOMOR 301/PDT.G/2020/PN.SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Corona Virus Disease (Covid-19) is a virus that attacks the human respiratory system. This virus spread quickly to all corners of the world, even to Indonesia. Based on Presidential Decree Number 12 of 2020 concerning Stipulation of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19) stipulates that Covid-19 is a national disaster. Health is very important during the Covid-19 pandemic because it affects various sectors such as the economy, education and others. Health is one of the guaranteed, respected and protected rights that must be fulfilled during the Covid-19 pandemic. All parties, both hospitals and medical personnel such as doctors, are at the forefront and cooperate with each other in dealing with Covid-19. In carrying out their duties, sometimes there are several actions by hospitals and doctors that are considered detrimental by patients and their families. There is a loss experienced, the patient submits the problem to the relevant institution such as the court in the form of a lawsuit. There have been several lawsuits related to losses suffered by patients and their families during the Covid-19 pandemic, one of which is related to the disposal of the bodies of patients with probable cases during the Covid-19 pandemic in Decision number 301/Pdt.G/2020/PN.Smn. In this study, the authors used field research and library research which are descriptive analytical by collecting primary and secondary legal materials related to research. The method used for data collection is the method of interviews with sources related to the decisions that the author examines and literature studies with a normative juridical approach. The theory used for this research is the theory of legal protection and justice theory. The results of this study concluded that basically all patients' rights were protected by the state as well as the patient's family. Protection can be preventive and repressive. The protected rights can be found in several regulations, namely the Civil Code, Law Number 36 of 2009 concerning Health, Law Nomor 29 of 2004 concerning Medical Practice, Law Number 8 of 1999 concerning Consumer Protection and Decree of the Minister of Health of the Republic of Indonesia Number HK.01.07/Menkes/446/2020. If the patient or the patient's family feels disadvantaged in the actions of the hospital or medical staff, in this case the doctor can take legal action either through litigation or non-litigation. In decision 301/Pdt.G/2020/PN.Smn, the plaintiff felt disadvantaged because the plaintiff's deceased mother had been buried using the Covid-19 procedure by the defendant (hospital). In this case the plaintiff has made legal efforts, but the plaintiff's lawsuit was rejected because it was vague.

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