Synchronization Placement Regulation Legislation on Personnel Placement in Remote, the Border and Islands

Laksmiarti, Turniani • Hanggara, Yocke Satrya
Journal article Buletin Penelitian Sistem Kesehatan • October 2013

Abstract

Background: Policy Ministry of Health on medical personnel in Remote Areas, Border and Islands (DTPK) has beenquite clear to be implemented, but in a decentralized also has the authority as a whole in terms of the mechanism ofrecruitment of health workers. This study analyzed whether government regulations and local government authorities inthe medical staffing DTPK synchronization has occurred. When the study was conducted over five months, with the cityof North Minahasa and Sumenep. Method: Research method is done through legislation (statute approach) and in depthinterviews to the offender legislation. Result: Results of the study showed that the local regulations concerning the placement of medical personnel in DTPK has not been published, so the rules of appointment and placement of medical personnelin DTPK refers to regulations issued by the Ministry of Health number. 7 of 2013 (lex derograt legi generali). Through vertical synchronization theory, Act number 36 of 2009 on the Regulation of the Minister of Health ‘s health number 7 in 2013 has generally been in synchronized, the terms of Act number. 32 of 2004, article 12 paragraph (1) to the Minister of Health Regulation number. 7 of 2013 article 4 paragraph (3) there is no synchronization. Sort order legislation described in Law number. 12 of 2011, Regulation order system needs to refer and consider higher regulations. In the horizontal synchronization, regulation number 32 of 2004 is directly related to regional autonomy, the regulation number 36 of Article12 paragraph (1), the second law is still there are some items that are less synchronous the removal and placement financing medical personnel conducted by the local government. The results of the study also stated that the rules of appointment and placement of medical personnel in DTPK there are legal dualism, which it feared would cause ambiguity. Recommendation: Given that placement of medical personnel still use the PTT Ministry of Health Regulation number. 7of 2013 then proposed recommendations, the need for amendments to the Regulation of the Minister of Health with the addition of the clause “ mechanism placement of medical personnel in DTPK government authority entirely in the provincial,district / city financing through the goverment budget.

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Buletin Penelitian Sistem Kesehatan

Buletin Penelitian Sistem Kesehatan (Bulletin of Health Systems Research) is an open access, peer... see more