Hospital Bylaws As A Lex Specialist of Internal Dispute Settlement In Hospital

Abstract

Abstract Background - The world of hospitals is something that has an important role to be able to provide health services for the community, so that it will be able to form healthy and strong humans who are able to contribute to the development process. Thus the government must make regulations that can provide protection and legal certainty for the existence of hospitals. With this regulation, it is hoped that the hospital as a public health service facility can run well which in turn can provide good service to the community. Furthermore, to be able to carry out the constitutional mandate as regulated in Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia above, the Government has been present by making regulations related to hospitals, namely the existence of Law Number 44 of 2009 concerning Hospitals. . Where Article 29 is required to make Hospital Internal Regulations (Hospital Bylaws). There are regulations regarding hospitals, some are lex generalis and some are lex specialists. Both aim to provide legal protection and certainty for hospitals in running their business, namely providing health services to the community as the main business (core business). The author examines internal disputes in hospitals, where the dispute in its resolution refers to the legal basis of lex specialis, namely Hospital Bylaws. The dispute in question is a dispute that arises between the hospital management in this case the Director and the hospital owner or often referred to as the Management Board. Internal hospital disputes that require a comprehensive settlement and bind both parties, namely binding the hospital owner and binding the hospital director, so that the settlement is obeyed by both parties. So we need a way to resolve the dispute in accordance with the regulations that should be running Purpose - To find out the resolution of hospital regulations disputes by accommodating regulations regarding hospitals, some are lex generalis and some are lex specialists. dispute resolution.. methodology - This research methodology uses normative juridical based on case study Findings - Finding forms of hospital regulation dispute resolution that are in accordance with the provisions of the Hospital Internal Regulations (Hospital Bylaws) as special rules (lex specialist) that must be complied with. like law. Originality - The value of novelty in research can be seen from two aspects. First, when viewed from the resolution of hospital regulatory disputes, there must have been a lot of previous research, but if viewed from the second aspect, it is based on case studies carried out, meaning this research has original news value.