ASPEK PIDANA DISKRIMINATIF TERHADAP PELAYANAN PASIEN KURANG MAMPU BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN

Abstract

Adult health service is an important issue to increase the standard of
living and social welfare in our homeland (Indonesia). A form of health service
implementing regulations is law number 36/2009 about health, in which in the
law on health, there is should not be discrimination. Furthermore, the aims of this
research are: first, to identify the adjustment about sentencing towards
discriminatory perpetrators to health’s services. Second, to classify the law of
accountability towards discriminatory health’s services against poor patients
based on law number 36/2009 about health.
Moreover, this law study is using normative legal research. An approach
that is used for this study is normative juridical approach. Also, this study use
qualitative data for finding the justification. Later on, to get the conclusion the
researcher uses deductive thinking method where getting the conclusion by
adopting statements or law of general nature to be specific statements.
Lastly, sentencing towards discriminatory perpretators health services
based on law can be addressed when fullfiled by several factors from article 32
(2) such as; rejection and asking for down money towards health service’s
patients which stated article 190, law number 36/2009 about health. The parties
that can be asked for the responsibility against discrimination towards indigent
patient divided in general and particular. Thereafter, in general this case occur
on article 304 and article 531 KUHP. Whereas, in particular this matter stated on
article 190 law number 36/2009 about health.
Key words: Discriminative – Health Service – Law on Health