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Analytics

Michelle Angelika S; Wijaya, Hanna; Gosal, Darren; Afladhanti, Putri Mahirah; Kartika, Ronald Winardi +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Emergency medical care constitutes a fundamental patient right and an institutional obligation of hospitals that must be provided without temporal discrimination. However, in practice and public discourse, the meaning of “physician presence” is often narrowly reduced to physical presence alone, giving rise to allegations of medical negligence, particularly during weekends or outside regular working hours. This distorted understanding risks generating legal injustice, undermining the dignity of the medical profession, and encouraging defensive medical practice. This article aims to analyze the meaning of physician presence from a health law perspective through theoretical, normative, and systemic approaches, by distinguishing models of physician presence as on-site, on-call, and home-call/teleconsultation in emergency care services. This study employs a normative legal research method using statutory, conceptual, and limited comparative approaches. The analysis examines Law Number 17 of 2023 on Health, Government Regulation Number 28 of 2024, as well as health law literature and emergency care practices. The analysis demonstrates that, in legal terms, physician presence is not synonymous with physical presence, but rather should be understood as process-based professional responsibility, provided that care is delivered in accordance with professional standards, service standards, and an adequate triage system. Physician presence must be reconstructed as the presence of professional responsibility within an integrated emergency care system. Legal assessment in health law should be grounded in process and system integrity, rather than solely on clinical outcomes or public perception.

Nikmah Dalimunthe; Rahmah Aliyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research aims to examine the gap in legal protection for domestic workers in Indonesia through an analysis of Law No. 13 of 2003 on Manpower and ILO Convention No. 189 on Decent Work for Domestic Workers. Until now, domestic workers have not been explicitly recognized in national regulations, so their basic rights such as living wages, social security, and humane working hours are often neglected. This condition is exacerbated by the absence of written work contracts, the dominance of informal recruitment, and the view of the community that does not consider domestic workers as formal workers. This article concludes that the ratification of ILO Convention 189 and the passing of the Domestic Workers Protection Bill are strategic steps to strengthen legal protection for domestic workers in Indonesia, which also needs to be supported by labor inspection and comprehensive legal education.