Physician relationship with patients is a unique relationship, doctors as health providers and patients as recipients of health services. Doctors are experts and ordinary patients, doctors are healthy and sick patients.
Responsibility relationship is unbalanced, causing patients because keawamannya do not know what is happening at the time of medical acts performed, this is possible because information from doctors is not always understood by the patient.
Often patients do not understand it, suspect that an error occurred / negligence, so the doctors asked to replace the losses suffered. That often the wrong opinion is that any errors / omissions are done by the doctor must get gantirugi. Even sometimes if there is something about the alleged malpractice occurred, then used by the patient as an opportunity to force doctors to pay compensation.
In determining whether or not the doctor guilty and paying compensation to be proved first, and is determined by the judge in court. The problem is doctors are highly vulnerable to publication, so that doctors often are reluctant to be highlighted in the media, paying patient complaints, without due process of law.
This error is often misused by patients, causing doctors to protect themselves in various ways to avoid lawsuits from patients. One way is to transfer responsibility to a third party ie insurance, or working extra careful. In turn, the loss of patients as well as the cost of treatment becomes larger and the patient must bear the burden.
Actual fault or negligence of doctors in carrying out the medical profession, is an important thing to be discussed and known by physicians in general, it is because due to errors and omissions may cause very harmful effects. Besides damaging or reducing public trust in the medical profession also cause harm to patients. To understand the presence or absence of fault or negligence, the first execution errors or omissions should be placed facing the profession with the professional obligations in addition to the aspect of law that underlies the legal relationship between doctors with patients based on therapeutic transactions.
When viewed from the standpoint of law, the relationship between patients with doctors included in the scope of the agreement (transaction therapeutic) because of the ability of doctors to promote health or cure the patient, the patient otherwise approved therapeutic actions performed by the doctor. Agreement has therapeutic qualities and special features, not the same as the nature and features of the agreement in general, because the object of agreement in the therapeutic transaction is not a "cure" the patient, but look for "efforts" the right to cure the patient. Agreement doctors with patients, including the appointment of "effort" or called (Inspaningsverbintenis) not an agreement about the "results" or called (Resultaatverbintenis). Legal relationship between the patient's doctor may occur partly because; patient who came for help physicians treat illness, in circumstances like this happens will the agreement between the two sides, and place the legal relationship of trust derived from a patient to a doctor, so patients are willing to give consent medical action (informed consent).
In Indonesia, informed consent has been obtained juridical justification through the Minister of Health Regulation No. RI. 585/Menkes/1989. Approval of medical action (informed consent) in practice much difficulty, because of the language factor, factor family intervention or a third party in giving consent, factor the difference of interest between doctors and patients, and other factors.
Because of this concept is only obliged to physician health services with full sincerity, with all his ability and interest in accordance with professional standards. So says a doctor can make a mistake or negligence in carrying out his profession, if he did not fulfill their obligations properly, based on the highest they have the ability in accordance with operational standards (SOP).
Showing posts with label Consumer Protection. Show all posts
Showing posts with label Consumer Protection. Show all posts
Friday, January 14, 2011
Quo Vadis Consumer Protection in Indonesia
The most prominent issues in the implementation of globalization is the free market system that is currently sweeping the world speeding by all the consequences. Turnover of goods and services across borders has many benefits for consumers where the consumer has the freedom to choose goods and services offered, but on the other hand the negative impacts, ie the consumer will be the target / object of the business activities of the businessmen to take advantage of the maximum .
A new development in today's society, especially in developed countries is increasing attention to consumer protection issues, in line with the increased protection of the rights of human rights. Monopolistic practices and lack of consumer protection has been put "position" consumers in the lowest level in dealing with business actors (in the sense that the widest).
Therefore the consumer is seen as more weak laws deserve greater protection in the appeal periods ago. In connection with it in various countries, especially in developed countries and the international world has made legal reforms related to producer responsibility (product liability), particularly in order facilitate providing compensation for consumers who suffer losses due to products distributed in the community .
In particular the definition of product liability is a legal responsibility of the person or legal entity that produces a product, and / or parties who sell these products and / or parties who distribute these products, as well as those involved here in the commercial series of preparation or distribution of a product, and also includes entrepreneurs workshop, warehouse, agents and employees of enterprises above.
That the efforts of consumer protection is more intended to enhance the dignity and consumer awareness and / or both are intended to encourage actors in the conduct of business in their business activities carried out with a full sense of responsibility.
The need for regulation of consumer protection is in order as follows: 1) Creating a consumer protection system which contains elements of access and information disclosure, and ensure legal certainty, 2) Protecting the interests of consumers in particular and the entire business interests in general; 3) Improve the quality of goods and services; 4). Provide protection to consumers from deceptive business paraktik and misleading; and 5). Integrate the implementation, development and consumer protection arrangements in the areas of protection in other areas;
In the life of society is very much consumer rights consciously or unconsciously, often overlooked or violated by the business, whether it occurs banking sector / financial institutions, telecommunications and transportation services, at the pump / gas station, and in the supply of goods and services in general through advertising practices that are misleading, in which often happens: 1) Ad bait (Bait and Switch adv) which is now being conducted by the business by distributing invitations to take kecalon consumers a free gift then persuaded consumers to buy goods with a spectacular discount when price and quality of goods are being manipulated; 2). Misleading ads (mock-up-adv), where the content of this ad or efficacy of the product state is described by lead towards excessive and misleading, as occurs in many medicinal products are advertised, generally only show / exploit the things that are excellence and success products without informing adverse effects and side effects that can harm consumers.
And it is common knowledge that felt disadvantaged consumers are reluctant to do something for the losses it suffered because of distrust of the "Institute of Court", even in the Article 17 paragraph (1) BFL, the penalties are 5 (five) years imprisonment or a fine Rp.2 billion, which specifically regulate the actions provided the advertising business by producing ads that can: a) to deceive consumers about the quality, quantity, ingredients, uses, and prices of goods and / or tariff services and timeliness of receipt of goods and / or services; b) deceive guarantee / warranty for goods and / or services; c). Contains false information, wrong or inappropriate about the goods and / or services; d). It contains information about the risk of the use of goods and / or services; e). Exploit the incident and / or a person without the consent or approval of authorities concerned; and f). Violate ethics and / or the provisions of legislation on advertising. But in reality the consumer society that has not affected many know / not how to use their rights.
In the Consumer Protection Act there are three institutions that play a role and responsibility in the implementation of consumer protection, namely: 1). Ministers and / or relevant technical minister whose duties and responsibilities include the fields of trade; 2). National Consumer Protection Board, and 3). NGOs namely Consumer Protection Agency-Governmental Organization. At points 1 and 2 represent the government and the NGOs in point 3 represents the interests of the community. For dispute settlement is possible without going through the Justice Institute through the Institute of Consumer Dispute Settlement Board is composed of elements of the government, consumers, and business actors.
Of course the purpose of the law to provide consumer protection Indonesia is one thing that can not be avoided, in line with our national development objectives, namely development of the whole Indonesian people.
A new development in today's society, especially in developed countries is increasing attention to consumer protection issues, in line with the increased protection of the rights of human rights. Monopolistic practices and lack of consumer protection has been put "position" consumers in the lowest level in dealing with business actors (in the sense that the widest).
Therefore the consumer is seen as more weak laws deserve greater protection in the appeal periods ago. In connection with it in various countries, especially in developed countries and the international world has made legal reforms related to producer responsibility (product liability), particularly in order facilitate providing compensation for consumers who suffer losses due to products distributed in the community .
In particular the definition of product liability is a legal responsibility of the person or legal entity that produces a product, and / or parties who sell these products and / or parties who distribute these products, as well as those involved here in the commercial series of preparation or distribution of a product, and also includes entrepreneurs workshop, warehouse, agents and employees of enterprises above.
That the efforts of consumer protection is more intended to enhance the dignity and consumer awareness and / or both are intended to encourage actors in the conduct of business in their business activities carried out with a full sense of responsibility.
The need for regulation of consumer protection is in order as follows: 1) Creating a consumer protection system which contains elements of access and information disclosure, and ensure legal certainty, 2) Protecting the interests of consumers in particular and the entire business interests in general; 3) Improve the quality of goods and services; 4). Provide protection to consumers from deceptive business paraktik and misleading; and 5). Integrate the implementation, development and consumer protection arrangements in the areas of protection in other areas;
In the life of society is very much consumer rights consciously or unconsciously, often overlooked or violated by the business, whether it occurs banking sector / financial institutions, telecommunications and transportation services, at the pump / gas station, and in the supply of goods and services in general through advertising practices that are misleading, in which often happens: 1) Ad bait (Bait and Switch adv) which is now being conducted by the business by distributing invitations to take kecalon consumers a free gift then persuaded consumers to buy goods with a spectacular discount when price and quality of goods are being manipulated; 2). Misleading ads (mock-up-adv), where the content of this ad or efficacy of the product state is described by lead towards excessive and misleading, as occurs in many medicinal products are advertised, generally only show / exploit the things that are excellence and success products without informing adverse effects and side effects that can harm consumers.
And it is common knowledge that felt disadvantaged consumers are reluctant to do something for the losses it suffered because of distrust of the "Institute of Court", even in the Article 17 paragraph (1) BFL, the penalties are 5 (five) years imprisonment or a fine Rp.2 billion, which specifically regulate the actions provided the advertising business by producing ads that can: a) to deceive consumers about the quality, quantity, ingredients, uses, and prices of goods and / or tariff services and timeliness of receipt of goods and / or services; b) deceive guarantee / warranty for goods and / or services; c). Contains false information, wrong or inappropriate about the goods and / or services; d). It contains information about the risk of the use of goods and / or services; e). Exploit the incident and / or a person without the consent or approval of authorities concerned; and f). Violate ethics and / or the provisions of legislation on advertising. But in reality the consumer society that has not affected many know / not how to use their rights.
In the Consumer Protection Act there are three institutions that play a role and responsibility in the implementation of consumer protection, namely: 1). Ministers and / or relevant technical minister whose duties and responsibilities include the fields of trade; 2). National Consumer Protection Board, and 3). NGOs namely Consumer Protection Agency-Governmental Organization. At points 1 and 2 represent the government and the NGOs in point 3 represents the interests of the community. For dispute settlement is possible without going through the Justice Institute through the Institute of Consumer Dispute Settlement Board is composed of elements of the government, consumers, and business actors.
Of course the purpose of the law to provide consumer protection Indonesia is one thing that can not be avoided, in line with our national development objectives, namely development of the whole Indonesian people.
IMPLEMENTATION OF ARTICLE 18 ON CONSUMER PROTECTION ACTSTANDART CLAUSE EKSONERASI INCLUSION
Consumer Protection is all efforts that ensure legal certainty to provide protection to consumers. With consumer protection is expected to be hope for all nations in the world to realize the various dimensions of relationships to each other have the linkages and dependencies between consumers, business and government as a regulator. In economic development the government is obliged to give guidance, direction and protection to create a healthy climate and the development of the business world, especially the world of trade.
With Law Consumer Protection No. 8 of 1999 is expected weak consumer position can be protected by law. However, in application of Law Consumer Protection No. 8 of 1999, particularly Article 18 not to work properly we expect bersama.Konsumen forced to accept with some reluctance because it is driven by necessity.
Inclusion of standard clauses can not eliminate eksonerasi consumer rights to obtain damages. The right to obtain damages should be placed higher than businessmen who have made eksonerasi standard clauses. If a request filed by consumers are not getting proper response from the relevant parties so consumers are entitled to legal settlement either through court or outside the court by BPSK. The business still includes the standard clause in the memorandum eksonerasi purchase is subject to civil penalties that the treaty was annulled by the standard legal and business must be revised to comply with Law Consumer Protection No. 8 of 1999 section 18
With Law Consumer Protection No. 8 of 1999 is expected weak consumer position can be protected by law. However, in application of Law Consumer Protection No. 8 of 1999, particularly Article 18 not to work properly we expect bersama.Konsumen forced to accept with some reluctance because it is driven by necessity.
Inclusion of standard clauses can not eliminate eksonerasi consumer rights to obtain damages. The right to obtain damages should be placed higher than businessmen who have made eksonerasi standard clauses. If a request filed by consumers are not getting proper response from the relevant parties so consumers are entitled to legal settlement either through court or outside the court by BPSK. The business still includes the standard clause in the memorandum eksonerasi purchase is subject to civil penalties that the treaty was annulled by the standard legal and business must be revised to comply with Law Consumer Protection No. 8 of 1999 section 18
Legal efforts That The Consumer Can Do
Along with the growing development and information technology, people have unknowingly become victims of advertising and promotions that are not true. this can be seen from the number of marketed products often does not match with the advertising and promotion of products tersebut.bahkan problem given discounts often do not match those promised in the promotion or advertising.
Basically, advertising and promotion have a very important role in business activities, the interests of consumers and government activities. And for that, then Law Consumer Protection (BFL) Indonesia enacted to provide legal certainty and protection for each of these interests. In providing legal protection for consumers, Article 9 BFL Indonesia governing the prohibition for the business to trade of goods and / or services offered, promoted, advertised incorrectly, and / or as if such goods.
In addition to these provisions, when talking about advertising and promotion itself, Article 12 of BFL also regulates the prohibition for the business to offer, promote or advertise goods and / or services with special prices in a certain amount of time and, if the business does not mean to perform in accordance with the price, time and the amount offered, promoted, or advertised.
In principle, any consumer who feels harmed may file a lawsuit through the institution authorized to settle disputes between consumers and business actors such as the Consumer Dispute Settlement Board (BPSK), or through the judiciary generally. On this provided for in Article 45 and Article 46 of BFL.
Basically, advertising and promotion have a very important role in business activities, the interests of consumers and government activities. And for that, then Law Consumer Protection (BFL) Indonesia enacted to provide legal certainty and protection for each of these interests. In providing legal protection for consumers, Article 9 BFL Indonesia governing the prohibition for the business to trade of goods and / or services offered, promoted, advertised incorrectly, and / or as if such goods.
In addition to these provisions, when talking about advertising and promotion itself, Article 12 of BFL also regulates the prohibition for the business to offer, promote or advertise goods and / or services with special prices in a certain amount of time and, if the business does not mean to perform in accordance with the price, time and the amount offered, promoted, or advertised.
In principle, any consumer who feels harmed may file a lawsuit through the institution authorized to settle disputes between consumers and business actors such as the Consumer Dispute Settlement Board (BPSK), or through the judiciary generally. On this provided for in Article 45 and Article 46 of BFL.
Legal Aspects of Consumer Protection in E-Commerce
Trade using the Internet medium is bustling place. Many who have used konseumen this medium, though with concern how to protect their rights as consumers?. One of the rights of consumers are getting the right information, clear, and honest business actors regarding goods and / or services offered to them.
Consumer rights to information is a basic right of consumers to decide to consume or not the goods and / or services offered to their customers need information. Consumer protection efforts in the trade by using the Internet media can be run with the improvement of the device of consumer protection laws that regulate the advertising, to include media advertising using the internet.
This legal device improvements are needed since we often can not take action against law breakers just because there are legal instruments which can not accommodate the offense committed. Although the legal tools to protect consumers have been prepared and have been corrected, if there is no will and real efforts from government, law enforcement agencies and consumers themselves to enforce their rights, then the consumer protection and place roads will not achieve its objectives. For that oversight of the provision of information through advertising on the internet is required.
Consumer rights to information is a basic right of consumers to decide to consume or not the goods and / or services offered to their customers need information. Consumer protection efforts in the trade by using the Internet media can be run with the improvement of the device of consumer protection laws that regulate the advertising, to include media advertising using the internet.
This legal device improvements are needed since we often can not take action against law breakers just because there are legal instruments which can not accommodate the offense committed. Although the legal tools to protect consumers have been prepared and have been corrected, if there is no will and real efforts from government, law enforcement agencies and consumers themselves to enforce their rights, then the consumer protection and place roads will not achieve its objectives. For that oversight of the provision of information through advertising on the internet is required.
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