PENERAPAN SANKSI TERHADAP TENAGA KESEHATAN YANG MENOLAK PASIEN GAWAT DARURAT MENURUT UNDANGUNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DAN UNDANG-UNDANG NOMOR 36 TAHUN 2014 TENTANG TENAGA KESEHATAN DI KOTA PEKANBARU

Abstract

In the second amendment to the 1945 Constitution of the Republic of Indonesia
detailing human rights (human rights) contained in article 28 (28 A to 28 J), one important
element of human rights is health, regarding this matter our constitution states that everyone
has the right to live in prosperity physically and spiritually reside, and get a good and
healthy environment and the right to obtain health services, hospitals as organizations have
an important role in optimizing the degree of public health optimally. In the last case there
was a hospital that refused emergency patients even though in accordance with the sound of
Article 32 paragraph (2) which reads "in an emergency, health care facilities, both the
government and the private sector are prohibited from rejecting patients and / or asking for
advances. The purpose of this writing is; the first is the application of health personnel
sanctions that reject emergency patients, the two factors that prevent the police from
enforcing the law against health workers who reject emergency patients.This type of research
can be classified into the type of sociological research, because in this study directly conduct
research on the location or place studied to provide a complete and clear picture of the
problem under study. This research was conducted at the RI Ombudsman Riau
Representative and Riau Regional Police, while the population and samples were all parties
related to the problems examined in this study, data sources used, primary data, secondary
data, and tertiary data, data collection techniques in research this is by observation,
interview and literature study. From the results of the research problem there are two points
that can be concluded. The first is the application of sanctions to health workers who reject
emergency patients, that the imposition of sanctions on health workers is not carried out in
accordance with Law Number 36 of 2009 in the form of criminal sanctions and fines. The two
factors that were the friend of the police in enforcing the law against health workers who
refused emergency patients, while the obstacles faced by the police in enforcing the law
against health workers were due to a lack of public awareness about the law and because
there were no reports from the public. Suggestion The author, first, is expected to impose
criminal sanctions on health workers who reject emergency patients need to be carried out in
accordance with applicable laws and regulations. Secondly, the police do not wait for public
reports because cases of health workers rejecting emergency patients are an ordinary
offense. not complaint complaints so there is no need for a complaint or report to investigate
the case.
Keywords: Sanctions - Health Workers – Emergency