Reconstruction of regulations on the provision of drugs mixed by medical personnel based on value of justice

Abstract

Fundamentally, in Indonesia the activities of storing drugs, dispensing and delivering drugs to patients are activities that are also carried out by medical personnel. However, in Law No. 29 of 2004 and Article 108UU No. 36 of 2009 jo. The MK Decision No.12 / PUU-VIII / 2010, activities to store drugs, mix and deliver drugs to patients become constitutional slices of medical personnel and constitutional authority become the professional authority of a pharmacist. But in practice these drugs are often used not in an emergency. Seeing from the problem presented above, the writer discussed the problem in this article with the main problems studied, are How is law enforcement for violations of direct drug administration by medical personnel in Indonesia today and How is the reconstruction of direct drug administration arrangements by medical personnel based on the value of dignified justice. The main problem is studied using Socio-Legal research approach and hermeneutics, which is based on legal norms and the theory of the existing legal enforceability. Thus in the writing of this article researchers used the approach of Socio-Legal by reviewing the juridical law from the standpoint of sociology and Hermeneutics. Research shows that in law enforcement for violations of the provision of mixed drugs by medical personnel in Indonesia, there are currently weaknesses in the form of a legal vacuum, namely the absence of a strict formulation of regulations in the applicable legislation accompanied by criminal sanctions for doctors who provide mixed drugs to patients for certain cases outside of medical emergencies, so that people who are sick can quickly and easily get the drug after a check from a doctor practicing independently and there is protection for doctors who provide the drug. Therefore, the ideal construction of direct drug administration arrangements by medical personnel is to reform the legal substance component, strengthen the legal structure component and strengthen the legal culture component that is clearly present in Pancasila as a Volksgeist and its values derived in the applicable laws and regulations. If that is done, there will be restoration of the Pancasila, compliance with Pancasila in line with dignified justice as the Ideal Fundamentally, in Indonesia the activities of storing drugs.