ARTICLE
TITLE

Hospital criminal liability as a corporation of patient rejection in infected with covid-19

SUMMARY

One problem that has recently discussed is that there are hospitals that reject patients infected with COVID-19. COVID-19 has become a pandemic outbreak designated as a national disaster by the Government of Indonesia. Hospital administration in modern times is not as simple as it used to be. The need to manage hospitals with business principles is undeniable. Based on this paper, the research problem formulated is the criminal liability corporation of hospitals towards the rejection of patients infected with COVID-19. The method used in this research is normative juridical research (doctrinal research). The approaches used are case approach and statute approach. The outcomes indicate that based on Law Number 36 of 2009 concerning Health clearly said that hospitals are restricted to reject patients who need help. Hospitals as a corporation can be demanded criminally liable by using the doctrine of strict liability, namely criminal liability sans error. In this research, if the corporation that has committed a prohibited act as formulated in the law can already get sentenced without questioning whether the offender has an error (mens rea) or not.

 Articles related

Thomas Christian Baunegoro,Marcella Elwina,Edward Kurnia    

Abstract: The medical team in carrying out health services can cause suffering for patients, namely negligence or carelessness, known as medical malpractice. Sidoarjo District Court Decision Number 1165 / Pid.B / 2010 / PN.Sda with the defendant Dr. Wida... see more


Rania Azzahra Salsazayasya Parikesit,Nita Novita,Hermin Aminah Usman    

Background: Infanticide is a criminal act when a mother kills her child at or soon after birth. Considering whether a case has been decided as infanticide, determination of the life of the neonate at birth is imperative. Breath signs from macroscopic and... see more


Noverika Windasari,Naomi Yosiati    

The increasing number of criminal cases in Indonesia indirectly affects the number of cases handled in the Department of Forensics and Legal medicine. Forensic specialists play an important role in criminal investigation process by conducting medical exa... see more


Enny Agustina    

Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so th... see more


Sarah Caroline de Deus Pereira    

Cuida-se de analisar as implicações da Lei n. 10.216/01, alcunhada por Lei da Reforma Psiquiátrica, no que se refere ao tratamento despendido ao louco infrator. Por conseguinte, evidenciar a problemática da aplicabilidade da política de saúde mental face... see more